Sentences with phrase «appellate court decision as»

In dismissing the appeal from corporate directors in Andrus Wilson v. Ramzi Mahmoud Alharayeri, the Supreme Court recognized a near -20-year-old Ontario appellate court decision as good law, and upheld the broad wording of the oppression remedy in the Canada Business Corporations Act.

There was nothing in the Boehle appellate court decision as to the plaintiff having the right to identify rebuttal witnesses to the defendants» expert witnesses.

Not exact matches

ALBANY — The corruption convictions of former state Senate Republican Majority Leader Dean G. Skelos and his son Adam B. Skelos were overturned by a federal appellate court on Tuesday in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupcourt on Tuesday in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupCourt decision that retooled the definition of an «official act» as it relates to public corruption.

«The agency is similarly concerned with the tone of the district court's decision, which equates the difficult work ICE professionals do every day to enforce our immigration laws with «treatment we associate with regimes we revile as unjust,» and is actively exploring its appellate options.»

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

According to the Court of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and fCourt of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and fcourt or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and fcourt before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.

«Clearly it was very, very conservative and he had made decision after decision on the appellate court, and it ended up that he didn't get confirmed and the person who got confirmed as a Supreme Court judge — I can't even remember his name.&rcourt, and it ended up that he didn't get confirmed and the person who got confirmed as a Supreme Court judge — I can't even remember his name.&rCourt judge — I can't even remember his name.»

BY LEGAL LARRY The controversial development of a parcel in Ramapo known as Patrick Farm was again the subject of recent appellate court decisions.

The corruption convictions of former state Senate Republican Majority Leader Dean Skelos and his son, Adam, were overturned by a federal appellate court in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupcourt in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corrupCourt decision that retooled the definition of an «official act» as it relates to public corruption.

But the appellate court's decision to keep blocking the ban pending trial or further appeal is also «a losing situation for the business travel industry,» GBTA said, because «the uncertainty it will create as we await an appeal to the Supreme Court will continue to make its court's decision to keep blocking the ban pending trial or further appeal is also «a losing situation for the business travel industry,» GBTA said, because «the uncertainty it will create as we await an appeal to the Supreme Court will continue to make its Court will continue to make its mark.

The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its bcourt panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its bcourt simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its bCourt decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.

I clicked on the «Settled Principles» tab to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater right of access to public records than the general public,» and this from a Florida court, «It is well - settled that public records and reports or business records are admissible as an exception to the hearsay rule provided they are authenticated by a custodian.»

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

West Virginia's poor showing, something it has gotten quite used to over the years, was again largely attributed to its unique status as the only state with no intermediate appellate court, and thus no automatic appeal rights from the decision of a trial court.

The appellate court judges are required to presume the jury's decisions at trial were correct — as long as the record on appeal contains evidence to support the jury's verdict.

511, 873 P. 2d 413 (1994), a decision by an intermediate appellate court, in which the defendant does not appear to have objected to the trial court's instructions as inaccurate, incomplete, or insufficient, for failure to inform the jury concerning a statutorily mandated $ 500,000 cap on noneconomic damages.

A Case Comment describes and analyzes a recent important appellate court decision and concludes by offering opinions as to the decision's probable impact on future cases.

The court confirmed that an appellate court should interfere only where a mistake is made as to an «extricable question of law» or where overall the trial judge reached a completely irrational decision.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

This blog provides summaries of and links to appellate and U.S. Supreme Court decisions as well as reports on legislative action in Ohio and the U.S. Congress.

The appellate court remanded the decision to the trial court to consider these factors as a guide to making a judgment on the children's best interests.

Questions of law will be reviewed by an appellate court on a standard of whether the decision, taken as a whole, was demonstrably unreasonable.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

A decision as to whether or not acts attributable to a body such as a school or college amount to occupation of premises for VAT purposes is a question of degree, sensitive to the particular facts, and one in which an appellate court has to pay considerable respect to the opinion of the fact - finding body.

His representation has ranged from class action and complex commercial and environmental cases to limited jurisdiction premises liability cases and administrative hearings, successfully arguing appellate cases such as Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4 th 93, Ryan v. Lustre - Cal (2014) WL 7384613, McCormick v. San Pedro Bait Co., Inc. (2009) WL 4801962 and the federal district court decision, Ameripride Services, Inc. v. Valley Industrial Service, Inc. (2007 E.D. Cal.)

According to yesterday's news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-RRB-.

The ICLR oversaw the introduction of an orderly reporting system with the creation of The Law Reports, as the series that would report judicial decisions from the «Superior and appellate courts of England and Wales».

In other words, from 24 Feb, there were competing legal claims as to the child's best interest, which the courts may make a decision about pursuant to § 31 of The Children Act, and where the hospital submitted a conventional plan for treatment (withdraw life support, limit treatment to palliative care): see the appellate judgment para 116 ff.

l As a rule also, there is some basis to the claims they make; what is in issue is the inappropriate and wholly excessive way in which they continue to pursue their claims after a properly constituted court (and later an appellate tribunal) has pronounced its decision, invariably one that has gone against them.

When answering that question, we consider the five Florida appellate court decisions below that ruled, as a matter of law, on the issue of whether or not a jury's award of pain and suffering damages were inadequate.

In the first such appellate decision nationwide, the Second Department of the New York Supreme Court, Appellate Division held that a person's lack of lawful immigration status is «immaterial» to his or her eligibility to serve as a child's guardian.

«Provides timely summaries of decisions of the North Carolina Business Court, which is North Carolina's equivalent of the Delaware Court of Chancery, as well as summaries of business - related decisions of North Carolina's appellate courts.»

And, unsurprisingly, he challenged the exclusive use of traditional sources, such as state - enacted law and appellate court decisions, in teaching materials, quipping, «what effect, if any, do appellate decisions have on the way ordinary people live their lives»?

Members of the group monitor state and federal appellate courts in Pennsylvania, Delaware, Massachusetts, New Jersey, and New York, as well as the Supreme Court of the United States, to report breaking appellate decisions important to our clients.

Going further, the Court of Appeal indicated that, as per the decision in Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670 (CanLII), at para. 20, the Sagaz test necessarily «includes considerations of finality, the apparent cogency of the evidence, delay, fairness and prejudice» and that an appellate court must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened&raCourt of Appeal indicated that, as per the decision in Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670 (CanLII), at para. 20, the Sagaz test necessarily «includes considerations of finality, the apparent cogency of the evidence, delay, fairness and prejudice» and that an appellate court must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened&racourt must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened».

The Lash & Goldberg LLP consumer litigation defense practice group closely monitors trends and developments in the consumer litigation defense area including state and federal trial and appellate court decisions, as well as pronouncements by the Federal Trade Commission and the Federal Communications Commission.

[5] Although no federal appellate court decision has yet addressed the issue, there currently is a split in authority at the district court level as to whether the limitations periods for FMLA (and, by analogy, FLSA and EPA) claims may be contractually shortened.

As the first published California appellate court decision to apply Tobacco II, the Opinion in Morgan, et al. v. AT&T Wireless Services, Inc. (September 23, 2009)(covered on this blog here) is receiving quite a bit of attention.

In coming to its decision, the Court of Appeal held that the administrative law framework set out in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 applied, rather than the «appellate» framework, as an appeal of an insurance arbitration reviews the decision of a non-judicial decision maker.

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice cCourt reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice ccourt and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claim.

Booker completely changed the sentencing landscape in the federal court system, but it left many questions as to what standards appellate courts would apply in reviewing sentencing decisions.

More generally, as Michael O'Hear and Carissa Hessick have rightly stressed in posts at SCOTUSblog, there is plenty of dicta in Gall and Kimbrough to allow, in Hessick's words, «those appellate courts that have clung to the Guidelines in the wake of the Court's decision in Booker to continue to do so.»

Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.&rCourt explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.&rcourt appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»

Albany government investigations and white collar defense partner Tina Sciocchetti and Boston associate Charles Dell» Anno co-authored this article about a decision in a Florida state appellate court regarding search warrants for automobiles» electronic data recorders (EDR), also known as «black boxes.»

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases.

Of course «justice» here in the Mian case is balancing on a fine line as justice must not only be seen to be done in the scope of the appellate review but justice must also be done in the very decision the appellate court makes.

Thus, the judge had a good deal of discretion in making his decision and would only be reversed by the appellate court if he made a legal error or if the evidence was insufficient as a matter of law.

Second, I consider a number of characteristics of courts as institutions, including judicial independence, judicial training, and collective decision - making on appellate courts.

The decision strengthens Canadian appellate courts» approach to favouring the enforcement of arbitration agreements — as a strong pro-arbitration policy.