Sentences with phrase «appellate courts found»

The trial and appellate courts found for the company.

In California an appellate court found that charter schools easily fell within the legislature's «sweeping and comprehensive powers in relation to our public schools.»

The appellate court found that the agency failed to produce any evidence to justify the removal.

Answer: No, sometimes every judge serving on a federal appellate court finds it necessary to recuse themself from an appeal pending in their court, and federal appellate judges serving on a neighboring circuit will be assigned to sit by designation to resolve the appeal.

Our local appellate court found that this was an onerous, unworkable requirement: ``... plaintiffs» proposed requirement that every attorney who ever worked on the case submit a separate declaration is neither legally required nor particularly useful.»

An appellate court found that the property owner had waived its right to protection under the anti-SLAPP statute because it agreed in the lease not to sue before giving prior notice and an opportunity to cure.

August 30, 2010)-RRB-, the appellate court found that the trial court's prohibition was unreasonable:

In affirming the trial court's ruling, the appellate court found that the plaintiff failed to demonstrate that late notice would not prejudice the defendant from defending the claim.

The appellate court found the judge's reasoning to be flawed because the Arizona Child Support Guidelines do not require an agreement between the parents to include private school expenses in the calculation of child support.

The appellate court found that if it accepted this, every plaintiff would win on the issue of whether there was a duty and a breach.

The appellate court found that the declarations were detailed, augmented by also including verified time statements — no problem in substantiation, with the defense not having to introduce salary surveys to meet a fee petition burden of proof.

The lower appellate court found that service advisors were exempt from the FLSA overtime wage requirement, and consequently dismissed the action.

The Florida appellate court found that the test to use in determining if a jury verdict is inadequate is to ask if a jury of reasonable men could have returned that verdict.

In upholding the trial judge's decision, the appellate court found that «the appellant mischaracterizes the test for undue influence in the context of testamentary gifts,» meaning gifts made in a will rather than during a lifetime.

The most recent article includes cases where lawyers were sanctioned for appealing a case based on a knowingly false claim, the dismissal of an appeal for failing to file a brief (after two extensions of time), and a decision in which the appellate court found the controlling contract provision itself, after both sides had been arguing the wrong provision since the trial began.

The appellate court found there was no real good excuse why the amendment could not have been requested earlier.

Upon review, the appellate court finds that Mother did not meet this burden.

The appellate court finds that the family court was not biased or prejudicial against Mother.

Most importantly, in a footnote, the appellate court found that all of the cited cases predate the enactment of Business and Professions Code section 6149, with California law «trumping» federal law on the subject.

The appellate court found that the trial court conducted four hearings, of which two were evidentiary hearings.

When the appellate court finds such an error it must first determine the effect of that error on the trial judge's reasoning.

The appellate court found that some information should remain redacted where it named an individual, but that other information should be made public.

The appellate court found that fee entitlement was based on fees being damages, implicating jury trial rights and not simply adjudging fees as costs so as to invoke a law and motion procedure for determination of fees.

The appellate court found that earlier court decisions on whether the Code's protections for employees applied to independent contractors were divided.

The appellate court found that this evidence was insufficient to prove the property's fair market value as a matter of law.

The appellate court found that the broker could be vicariously liable for the acts of the licensee.

Florida appellate court finds that fact issues remained as to whether the broker ratified the salesperson's conduct and made the brokerage vicariously liable for his actions.

The appellate court found that an Iowa rule states that if any alleged claim «can rationally be said to fall within [the policy's] coverage, the insurer must defend the entire action.»

Even so, the appellate court found that the amount of the damages awarded by the lower court to the Buyers, equal to the cost of a totally new System, was excessive and amounted to a windfall which would make them «more than whole.»

In Crumpton v. Grissom, a Tennessee appellate court found that a managing broker («Managing Broker») could be held accountable for the misrepresentations and negligence of an affiliate broker («Affiliate Broker»), even though the Managing Broker was not personally involved in the transaction.

Not exact matches

A Chinese Christian's hopes for asylum in America now have new life, after an appellate court overturned a denial from a judge who found that the applicant's answers to questions about Christianity were «hesitant» and «evasive.»

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

In an unprecedented interpretation of the statute three years ago, a state appellate court in Albany found the «cloak of confidentiality accorded to officers» personnel records» extends even to former police officers — something the state Committee on Open Government had for decades advised was not the case.

The appellate judges in Silver's case found that, under the Supreme Court's ruling, the instructions given to the jury at Silver's trial were improper and prejudicial.

The SC is not a trial court but an appellate one and should never constitute itself into a prosecutor, judge and jury and sit in its own cause as if it is the Chief's Palace where the accused is hauled before the Chief and his elders, tried, found guilty and ordered to present seventy - two rams and seventy - two bottles of schnapps to pacify the gods and ancestors in a constitutional democracy.

Erie County's top prosecutor is appealing an appellate court decision that reversed the murder conviction of a man found guilty of killing his then - girlfriend's 5 - year - old son.

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.

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.

Advocates point to the 2003 Campaign For Fiscal Equity Lawsuit where an appellate court judge found the State allows public schools to go «chronically underfunded.»

Research (by Irenee Beattie, Josipa Roksa, and Richard Arum) that examined appellate court cases from 2000 to 2002 found that, on average, those cases emerged from secondary schools with 29 percent nonwhite students compared to 37 percent nonwhite students in the national population of secondary schools (the latter weighted for enrollment size to be comparable to the court case data); appellate cases also emanated from schools with more educational resources per student (student / teacher ratios of 16.3 compared to 17.5 nationally).

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.»

Since then, a high - profile court battle ensued, resulting in a Superior Court judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate cocourt battle ensued, resulting in a Superior Court judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate coCourt judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate coCourt of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate courts.

Apple is petitioning the U.S. Supreme Court to overturn an appellate court decision that found they conspired with five publishers to increase e-book prCourt to overturn an appellate court decision that found they conspired with five publishers to increase e-book prcourt decision that found they conspired with five publishers to increase e-book prices.

The appellate court pointed out that it, like the district court, has examined plaintiffs» Statement of Disputed Facts and finds no evidence that the MIP itself did not face a threat of insufficient wrap coverage between 2009 and 2012.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).

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.»

For example, appellate courts generally affirm factual findings, unless the lower court abused its discretion.

Finding that the defense would be unjustly prejudiced by allowing the case to proceed toward a jury trial without permitting the defendant's expert to examine the plaintiff as the plaintiff's own expert had, the appellate court granted the writ of mandamus, forcing the lower court to honor the defendant's request.

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.