Sentences with phrase «appellate court held»

The appellate court held that Illinois law requires confirmation of an award whenever an application to vacate an award is denied.

Upholding the lower court's assessment that the psychological impact on the children of such a cure was risky and uncertain, the appellate court held that the lower court was not required to accept the opinion of the father's expert, Dr. Wellen, who advocated that only a transfer of custody would cure the PAS.

Rejecting the jury verdict, the district court's holding, and established law, the appellate court held that Google's use was not...

Represented client in appeal where the appellate court held that tort actions were properly brought for civil conspiracy and tortious interference for actions taken by a corporate parent to interfere with the contract involving a joint venture of which its subsidiary was a member.

However, the appellate court held that the verdict was proper.

Here, the appellate court held that the wife met her burden of proof as to unconscionability.

The appellate court held that placing the burden of proof on the mother was error and reversed and remanded.

If admissibility is challenged — as it was in Kennedy v Cordia (the appellate court held the judge did not need «instruction or advice» from the expert)-- the first consideration is the assistance to the court which the expert can give.

Available at SSRN: http://ssrn.com/abstract=753344 (in Currie, «an Ontario appellate court held that an Illinois settlement was not binding on absent Canadian class members, on the basis of inadequate notice»).

The appellate court held that the family court did not abuse its discretion regarding the award of sole custody to the mother of the three minor children.

The appellate court held that the ruling in Brown v. Brown was superceded by amendments to Virginia's equitable distribution statute in 1991.

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

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» claims.

In Hopwood, the appellate court held that schools could no longer use race or ethnicity as factors in admissions in Texas, Mississippi, and Louisiana.

In the Myspace cases, appellate courts held that the fake pages did not create a substantial disruption and thus couldn't be punished.

If a Georgia appellate court holds that a lawyer, judge or jury made an error during the trial, or that a judge made an error in deciding a motion for summary judgment, the appellate court can reverse the trial court's decision or order a new trial.

In Brandt Tractor, McKee, Turner, Fredrickson and Vitran the respective appellate courts held that the employers» actions immediately before and after dismissal damaged the employment relationships to such an extent that the dismissed employees were not required to accept re-employment to mitigate their damages.

Although at the time this case was heard, the majority of provincial and territorial appellate courts held that courts had jurisdiction to prevent defence counsel from withdrawing due to non-payment in fees, there was some division in the case law and differing approaches had been taken in the codes of conduct established by provincial law societies.

Not exact matches

The New York Court of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in pCourt of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in pcourt's ruling in place.

The federal appellate panel in Manhattan questioned whether Silver's misdeeds qualify as public corruption since the Supreme Court unanimously held that in accepting $ 175,000 in luxury gifts, McDonnell had given little more in return than setting up a few meetings and phone calls.

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.»

A state appellate court panel has upheld a lower court's decision to toss a lawsuit brought by conservative activist Robert Schulz that attempted to shape the makeup of a state constitutional convention — if the people of New York ever decide to hold another one, that is.

«Executive orders don't hold us back,» de Blasio told the crowd gathered at Battery Park, referring to Trump's order on immigration, which has since been struck down by a federal appellate court.

But Justice Gabriel Kolawole, in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment of the Lagos Division of the Federal High Court, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate cCourt, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate courtcourt.

In asking the Court of Cassation to review the verdict, he said that the appellate judges should have held the scientists to account for failing to object to the idea of an energy discharge.

The trial and appellate courts had held that the Lobato was not appropriate for judicial resolution, since Colorado's constitution clearly commits control over the issue to the legislature, and because there are no judicially manageable standards that the courts could apply.

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.

This could include everything from having partners who used to hold senior industry positions to building a specialty in a small but growing niche to winning a landmark case in an appellate court to providing services in multiple jurisdictions and languages.

On the other hand, my appellate clients have told me that they do want to know if there is a new appellate holding that will impact trial court practice... or if there is a new case re-affirming case law that hadn't been addressed for some time.

The classes, held over the previous nine months, have covered various topics including personal and professional development, pro bono needs in the community, technology, business development, community leadership, trial and appellate courts, government and public safety.

672, 596 A. 2d 687 (1991), the court nevertheless declined to «interpret Haslip to hold that an award of punitive damages, to comport with the requirements of the Due Process Clause, always must be subject to a form of post-verdict or appellate review that includes the possibility of remittitur.»

The Eighth Circuit affirmed the bankruptcy appellate panel's reversal of the bankruptcy court's order, holding that the social security payment was excluded from the Chapter 7 bankruptcy estate pursuant to 42 U.S.C. section 407.

The Third, Sixth, Seventh and Eleventh Circuit Courts of Appeal (the federal appellate courts) have held that Section 15 is a jurisdictional prerequisite, and an issue for the courts to dCourts of Appeal (the federal appellate courts) have held that Section 15 is a jurisdictional prerequisite, and an issue for the courts to dcourts) have held that Section 15 is a jurisdictional prerequisite, and an issue for the courts to dcourts to decide.

Earlier this month, an appellate court in California issued a written opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he suffered his fatal injury.

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 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 reasons.

In Gall, the court held, in a 7 - 2 decision (Alito and Thomas dissenting) that appellate courts must use a deferential standard to review a lower court's sentence that falls below the range in the sentencing guidelines.

The possibility of a 4 - 4 ruling in the Exxon Valdez punitive damages case as a result of Justice Alito's recusal (he holds stock in Exxon) has triggered a discussion around the blogosphere over whether there's a better way for the Court to handle recusals so as to avoid the possibility of a tie vote (in which case, the appellate court's ruling staCourt to handle recusals so as to avoid the possibility of a tie vote (in which case, the appellate court's ruling stacourt's ruling stands).

Following earlier decisions, the court effectively held that the PTAB's decision whether to institute review is immune from appellate review.

The Court pointed to other appellate decisions holding that a pedestrian is not required to continually look for defects.

Our standard of review in appeals from the family court requires a de novo review of the family court's decision, and appellate courts are consistent in holding that procedural rules are subservient to the court's duty to zealously guard the rights of minors.

For example, the legal fight in the U.S. to hold bans on same sex marriage to be unconstitutional was fought in and resulted in ruling in dozens of courts at the trial court and state appellate court, and federal intermediate appellate court level before a uniform ruling was established by the U.S. Supreme Ccourt and state appellate court, and federal intermediate appellate court level before a uniform ruling was established by the U.S. Supreme Ccourt, and federal intermediate appellate court level before a uniform ruling was established by the U.S. Supreme Ccourt level before a uniform ruling was established by the U.S. Supreme CourtCourt.

Seyfarth Synopsis: The U.S. Supreme Court's decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence, the employer has no additional federal legal obligation to provide additional leave, or hold the employee's job open.

The trial court held that the PNA was completely unenforceable, and the appellate court affirmed.

However, the appellate court did hold the trial court incorrectly delegated the custody decision to the expert witness and delegated the trial court's responsibility to exercise independent judgment regarding the child's best interests.

This was a reversal of a previous appellate court decision, which held 2 to 1 that universities and colleges had no general legal obligation to protect adult students from the criminal actions of other students.

A relatively recent case in the federal appellate court that has jurisdiction over Florida federal courts held that claims based on sexual orientation are not covered by the federal law governing employment discrimination.

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.

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