Sentences with phrase «appellate court opinions»

As more and more counties are adopting mandatory mediation, at least on the family court side, there is a compelling need for attorneys to have more than a passing knowledge of the ADR Rules, especially if the Rules are being cited with more frequency in appellate court opinions.
Of note, both the trial and appellate court opinions upheld the enforceability of exculpatory provisions in the LLC agreement pursuant to Delaware's strong public policy favoring freedom of contract in LLC agreements.
I said, «90 % of the federal appellate court opinions are unpublished opinions.
There are forums for every court and judge in the federal judiciary, as well as forums for federal judicial nominees (here is the forum for John Roberts) and federal appellate court opinions.
There are forums for every state appellate court and state appellate judge, and forums for state appellate court opinions.
First, readability scores for federal appellate court opinions and state supreme court opinions were similar.131 Second, readability scores from U.S. Supreme Court opinions were lower than opinions from the other courts.132 Third, briefs from U.S. Supreme Court cases had lower readability scores than briefs from the other courts.133 Finally, at the U.S. Supreme Court level, the opinion readability scores were significantly lower than the brief readability scores.134
To read an earlier Letter of the Law summary of the appellate court opinion in this case, click here.

Not exact matches

Results will include opinions issued by the SEC and federal appellate courts that relate to FINRA disciplinary actions that have been appealed.
Noonan wrote a dissent from the appellate court's opinion that the firm could not require its employees to attend company prayer services, even though the owners allowed them to sleep, read, or otherwise ignore the service so long as they were present.
«Finally, you are to please ensure that the judgment you pass on the accused person will stand the test of appellate court, public opinion and above all, that of the Almighty Creator.
The FEC on Sept. 16 issued an advisory opinion saying Martins could go back to those donors for a third $ 2,700 maximum for the Oct. 6 primary, but the next day the appellate court scrapped the unsual third election.
The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»
In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.
«The immediate cause of these lower returns is undisputed: Fidelity allocated MIP investments away from higher - return, but higher - risk sectors (e.g., corporate bonds, mortgage pass - throughs, and asset - backed securities) and toward treasuries and other cash - like or shorter duration instruments,» the appellate court wrote in its opinion.
In that ruling, the appellate court relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not acourt relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not aCourt of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not apply.
The website that posts opinions of Massachusetts appellate courts was shut down this morning because no one renewed the site's domain name.
The site's founder, Harry Zeitlin, tells me that they have already collected a large number of state supreme and appellate court briefs and matching opinions, which they are actively adding to the database.
Posts cover cases before the U.S. Supreme Court, and blogger Lyle Denniston also writes a «constitution check» series of posts in which he investigates assertions made about the constitution in the media and appellate opinions.
Starting in 2011, Public.Resource.Org, an organization devoted to putting government documents in the public domain, will begin a weekly release of HTML versions of all slip and final opinions of the appellate and supreme courts of all 50 states and the federal government.
The latest appellate iteration of the Procter & Gamble versus Amway spat today produced a lengthy opinion from the U.S. Court of Appeals for the Tenth Circuit.
And so it is with Google's entry into the legal research field with its announcement yesterday that Google Scholar now allows users to search full - text legal opinions from U.S. federal and state appellate and trial courts.
For example, Michael Murray used manual review and coding to study the use of parentheticals in 200 federal appellate court briefs and 107 Supreme Court opinioncourt briefs and 107 Supreme Court opinionCourt opinions.256
The appellate court partially reversed, in a 3 - 0 opinion authored by Justice Moore.
See also the majority opinion at page 11: «Given our explanation in Booker that appellate «reasonableness» review merely asks whether the trial court abused its discretion...»
Rather, it merely proves that the different regional federal appellate courts follow somewhat different rules governing the order in which the judges on the three - judge panel that decided the case are listed on an opinion.
The book is a «how - to» guide for drafting all types of documents common to trial and appellate courts, including bench memos, orders, findings of fact and conclusions of law, jury instructions, statements of reasons for imposing sentence, appellate opinions, correspondence, and speeches.
Earlier this month, one state's appellate court issued a written opinion in a medical malpractice case that required the court to determine whether the single doctor named as a defendant should be able to introduce evidence that there had originally been several other doctors named as defendants, but they had all settled with the plaintiff before the case reached trial.
Earlier this month, a state appellate court issued a written opinion in a personal injury case that raises interesting and important issues for Florida slip - and - fall accident victims.
The article focuses on appellate - level opinions, while the book includes opinions at all court levels.
We have appeared in hundreds of matters in various appellate courts resulting in hundreds of published opinions.
Earlier this month, a state appellate court issued a written opinion in a personal injury case that illustrates the importance of following all procedural and court rules in South Florida medical malpractice cases.
He claims that because one of the major functions of appellate courts is law development; opinions are properly written more like the rules found in statutes so that the public can better follow the law and lawyers can better predict how a court will rule.
Michael Murray studied rhetorical uses of parentheticals in federal appellate briefs and opinions.110 He drew a cross-sectional sample of briefs filed in several appellate courts from February through July of 2011.
Recently, a state appellate court issued a written opinion in a personal injury lawsuit that was filed against a Florida nursing home.
Their independent variable was readability, as measured by the Flesch Reading Ease score calculated by Microsoft Word.127 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion (present or absent), and readability of the opinion deciding the appeal.
At the end of the opinion, the appellate court dealt with the argument that the application of the privilege to billing records would «wreak havoc» on the procedures for submitting substantiation in support of a fee request.
Earlier this month, an appellate court issued a written opinion in a nursing home case brought by the surviving loved ones of a woman who died while in the care of the defendant nursing home facility.
There are so many areas of South Carolina law that could use precedential analysis by our appellate courts that the act of depublishing opinions is almost perverse.
Depending on the appellate court's ruling, the trial court may rehear the case to deal with specific issues addressed in the appellate opinion.
Earlier this month, an appellate court in Georgia issued an opinion in a personal injury case that discusses principles that often arise in Florida medical malpractice cases and other personal injury cases.
Earlier this month, a federal appellate court issued an opinion dismissing a plaintiff's appeal based on the plaintiff's failure to object to an alleged error at trial.
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.
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground.
A dozen judges (nine federal judges) have used it, including in opinions for the Fifth Circuit, the Supreme Court of Kentucky, several federal district courts and state appellate courts.
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.
So what do Sotomayor's appellate opinions on the 2nd U.S. Circuit Court of Appeals tell us about how her trial court experience shaped her rulings on expert witness isCourt of Appeals tell us about how her trial court experience shaped her rulings on expert witness iscourt experience shaped her rulings on expert witness issues?
Currently, Google Scholar allows you to search and read published opinions of US state appellate and supreme court cases since 1950, US federal district, appellate, tax and bankruptcy courts since...
Until last year, Georgia appellate opinions were conveniently offered through a single Web site — and one which was, I believe, an official court site.
Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.
In my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals court.
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