Sentences with phrase «appellate court decision in»

However, legal experts point to an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.

Not exact matches

Especially when one takes into consideration that a 4 - 4 SCOTUS tie leaves the federal circuit appellate court's decision in place.

In the wake of an appellate court decision, Spa City's charter change advocates are once again trying to get their hands on electronic images of ballots cast in November's charter referendum that was defeated by a narrow 10 - vote margiIn the wake of an appellate court decision, Spa City's charter change advocates are once again trying to get their hands on electronic images of ballots cast in November's charter referendum that was defeated by a narrow 10 - vote margiin November's charter referendum that was defeated by a narrow 10 - vote margin.

«While we are disappointed in the decision and will weigh our appellate options, we look forward to a prompt retrial where we will have another opportunity to present the overwhelming evidence of Dean Skelos and Adam Skelos's guilt and again give the public the justice it deserves,» Acting US Attorney Joon H. Kim announced Tuesday following the circuit court's decision.

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 NYCLU — along with Public Advocate Letitia James, the Legal Aid Society, the NAACP and the New York Post — filed the appeal in the appellate division of New York Supreme Court to overturn a judge's decision not to release testimony from the grand jury.

A New York appellate court has ruled in favor of the NYPD's decision NOT to release the addresses of gun permit holders» to the NY Times newspaper.

ALBANY — An appellate court has overturned a decision denying allies of Gov. Andrew Cuomo control of the Women's Equality Party in Nassau County.

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.»

Cuomo's preferred slate to run the Women's Equality Party got a boost from an appellate court decision, but a ruling on a similar case is due early next week in Rochester.

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.

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.

The fight has culminated in a decision recently handed down by an appellate court in Brooklyn.

In light of the new Supreme Court decision, the appellate court decided the jury had been wrongly instructed and that if they had taken into account the revised definition, they may not have found Silver guCourt decision, the appellate court decided the jury had been wrongly instructed and that if they had taken into account the revised definition, they may not have found Silver gucourt decided the jury had been wrongly instructed and that if they had taken into account the revised definition, they may not have found Silver guilty.

Aminu Sule Lamido, the 34 year old son of former Jigawa State governor, Alhaji Sule Lamido, had his appeal struck out on Monday by an appellate court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, EFCC.

In the Wednesday case, a decision to bounce candidates from the line because they did not submit a required affidavit was upheld by the appellate court.

The appellate court, in arriving at its decision, said it was necessary that it determined whether or not the appellant was denied fair hearing by the lower court.

ZUG, Switzerland; CAMBRIDGE, Massachusetts; BERKELEY, California; DUBLIN, Ireland; July 25, 2017 (GLOBE NEWSWIRE)-- CRISPR Therapeutics (NASDAQ: CRSP), Intellia Therapeutics, Inc. (NASDAQ: NTLA), Caribou Biosciences, Inc. and ERS Genomics, Ltd. announced that The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively «UC»), co-owners of foundational intellectual property relating to CRISPR / Cas9 genome engineering, today submitted an appellate brief to the U.S. Court of Appeals for the Federal Circuit (the «Federal Circuit») seeking reversal of a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board («PTAB») in an interference proceeding relating to CRISPR / Cas9 gene editing technology.

On Friday, De Havilland's attorneys filed a petition with the California Supreme Court to review an appellate court's recent decision to toss out her case against FX over her portrayal in the miniseries «Feud: Bette and Joan.&rCourt to review an appellate court's recent decision to toss out her case against FX over her portrayal in the miniseries «Feud: Bette and Joan.&rcourt's recent decision to toss out her case against FX over her portrayal in the miniseries «Feud: Bette and Joan.»

The Court's 5 - to - 4 decision in Board of Education, Island Trees Union Free School District No. 26 v. Pico affirms an appellate - court decision returning the closely watched censorship case to federal district court for tCourt's 5 - to - 4 decision in Board of Education, Island Trees Union Free School District No. 26 v. Pico affirms an appellate - court decision returning the closely watched censorship case to federal district court for tcourt decision returning the closely watched censorship case to federal district court for tcourt for trial.

While it did not deem scholarship tax credits generally unconstitutional, the decision, if not overturned on appeal, will prevent religious organizations from participating in similar initiatives nationwide — including a parallel program for corporate donations upheld by an Arizona appellate court just weeks earlier.

A reissued decision in the Topeka, Kan., school - desegregation suit gives a more detailed picture of a federal appellate panel's deep division over the need for continued court supervision in the historic case.

In an Oct. 23 decision, the appellate court upheld the 800 - student Oakridge school district's decision in the fall of 2000 to drop Ginelle Weber, who was 15 at the time, from the school's volleyball team after she and her parents refused to consent to a random urinalysiIn an Oct. 23 decision, the appellate court upheld the 800 - student Oakridge school district's decision in the fall of 2000 to drop Ginelle Weber, who was 15 at the time, from the school's volleyball team after she and her parents refused to consent to a random urinalysiin the fall of 2000 to drop Ginelle Weber, who was 15 at the time, from the school's volleyball team after she and her parents refused to consent to a random urinalysis.

Fields, who ruled the opposite in 2015 and was reversed by the appeals court, refused Friday to stay the appellate decision.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.

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.

That is a central issue in a recent lawsuit by Southeastern Legal Foundation (SLF), the Competitive Enterprise Institute (CEI), a host of lawmakers and several companies, who are petitioning the Supreme Court to review an appellate court decision upholding the EPA's global warming regulatCourt to review an appellate court decision upholding the EPA's global warming regulatcourt decision upholding the EPA's global warming regulations.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulacourt (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulaCourt of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulaCourt judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

Common topics discussed include: relevant Illinois trial court and appellate court decisions, common medical issues arising in personal injury cases, and pretrial and trial practice tips for Illinois practitioners.»

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

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.

I expect we will see a burst of inconsistent lower court judgments early in the new year followed by some significant appellate decisions in the spring.

Applying the U.S. Supreme Court's 2014 decision in Daimler AG v. Bauman that limited general jurisdiction, a California appellate court held that such jurisdiction was lacking, but that the California courts had specific jurisdiction over the nonresidents» clCourt's 2014 decision in Daimler AG v. Bauman that limited general jurisdiction, a California appellate court held that such jurisdiction was lacking, but that the California courts had specific jurisdiction over the nonresidents» clcourt held that such jurisdiction was lacking, but that the California courts had specific jurisdiction over the nonresidents» claims.

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.

The appellate decision did not reveal terms of the settlement agreement, but the plaintiffs» attorneys reportedly received $ 1.85 million in the state - court settlement.

An intermediate state appellate court upheld the judgment in a split decision, and Wal - Mart continued the litigation to the Texas Supreme Court in Wal - Mart Stores Inc. v. Johcourt upheld the judgment in a split decision, and Wal - Mart continued the litigation to the Texas Supreme Court in Wal - Mart Stores Inc. v. JohCourt in Wal - Mart Stores Inc. v. Johnson.

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.

He has won many important appellate decisions for physicians and other healthcare providers and has argued several cases in the United States and California Supreme Courts.

We have to say that our California intermediate appellate courts get interesting fees decisions to consider, some head scratching in nature but interesting nonetheless.

Earlier this month in New York, an appellate court handed down a decision broadening the liability of treating physicians when they administer medication to a plaintiff in the hospital.

He has tried jury and bench trials in state and federal courts and has been counsel in reported appellate decision.

Here, client at first suffered a default judgment of $ 86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the appellate court in an earlier decision.

They have not only litigated hundreds of insurance cases with great success at the trial court level, but they've also helped shape the law in this area through their published appellate decisions,» commented Frank Falzetta, head of Sheppard Mullin's Insurance practice.

Ford appealed to the intermediate appellate court, which reversed the trial court's decision and voided the increase in damages.

The appellate court distinguished the facts in Mundy from its decision upholding a manifest injustice in Congdon v. Condon, 40 Va..

In a rare appellate court decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reasonIn a rare appellate court decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reacourt decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reaCourt of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reasonin Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reasons.

Its logic may prove to be indicative of harder times blowing in favour of creditors trustees against the family; or an appellate court may find that a decision in the ancillary relief jurisdiction overrides s 339.

In its May 10th decision, Quebec's appellate court answered «no» to the question of whether «the Constitution of Canada authorize the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the most recent publication of the «Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory System.»»