Sentences with phrase «appellate courts in cases»

On the appellate side, he has prepared merits briefs, petitions for certiorari and amicus briefs before the US Supreme Court and numerous federal appellate courts in cases involving arbitration, banking, constitutional, commercial, insurance, intellectual property and securities matters.
The difficulty facing an appellate Court in these cases is that, given the range of circumstances that might arise, the Court is reluctant to lay down precise principles which might be taken to guide the outcome.

Not exact matches

World Watch Monitor reports that Bibi's attorney Naeem Shakir challenged the testimony of the women who feuded with Bibi, arguing to the appellate court that their testimony had been hearsay because the complainant in the case had not heards Bibi's words himself.
While making his intent known, he said, as a believer in the judicial system of the country, he would prosecute the case and go ahead with an appeal before the appellate court.
Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.
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.
In several cases, Bharara expanded the definition of misappropriated information so much that it appeared — at least according to the appellate courts — to criminalize information that the trader might not have known was stolen in the first placIn several cases, Bharara expanded the definition of misappropriated information so much that it appeared — at least according to the appellate courts — to criminalize information that the trader might not have known was stolen in the first placin the first place.
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 casIn 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 casin 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 seven - member Court of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control landCourt of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control landcourt unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land use.
In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»
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.»
Of course, the Supreme Court has appellate jurisdiction, as they do in all cases, except as prohibited by the 11th Amendment.
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.
In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
An appellate court ruled AG Eric Schneiderman can proceed in his fraud case against Trump University, wchih which was in operation from 2005 to 2010.
«Though the case is now before an appellate court, the body language of our President is equally important in ensuring the preservation of our democratic tenets.
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.
A state appellate court in July unanimously reversed a lower court ruling and dismissed the case.
An election case that reaches the appellate courts can cost clients between $ 5,000 and $ 15,000 in attorney fees, according to Greig — a hefty price tag for a chance to be elected to an unpaid position.
I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed court even has jurisdiction over each distinct dispute, within a fixed time.
Last week, the petitioners, which also include the Legal Aid Society, the National Association for the Advancement of Colored People, and the New York Civil Liberties Union, submitted a motion for preference to the appellate court, asking that arguments in the case be heard by the end of June.
Judge Judith Kaye, a former chief judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top aide.
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.
Levy's current chief deputy county executive, Ed Dumas, wrote in a June 28 memo he e-mailed to a reporter that the appellate court case did not apply to Levy's situation because state law would trump county law in his case.
Meanwhile, Prosin says she expects an appellate court to hear the Kiko case in early December.
In the meantime, petitioners can continue to take their cases to court in other appellate jurisdictionIn the meantime, petitioners can continue to take their cases to court in other appellate jurisdictionin other appellate jurisdictions.
Instead it has asked the Supreme Court to send the case back to the appellate court so that it can be reconsidered in light of the new greenhouse gas regulatory regCourt to send the case back to the appellate court so that it can be reconsidered in light of the new greenhouse gas regulatory regcourt so that it can be reconsidered in light of the new greenhouse gas regulatory regime.)
But she's especially looking forward to a publication forthcoming later this year in the Yale Journal of Law & Feminism titled «Telling Stories in the Supreme Court: Voices Briefs and the Role of Democracy in Constitutional Deliberation,» which will analyze a new, controversial form of appellate narrative argument: briefs that share stories of individuals not parties to the case at hand.
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.
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.
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).
To discern the larger contours of the legal climate facing schools, we analyzed all appellate - level federal and state court cases in which school efforts to discipline and control students have been challenged.
In the Myspace cases, appellate courts held that the fake pages did not create a substantial disruption and thus couldn't be punished.
Even so, in an early case, an appellate court in Florida upheld the revocation of a teacher's certification at least in part because he inappropriately accessed pornographic sites on a school computer (Stueber v. Gallagher, 2002).
The U.S. Supreme Court recently agreed to review an appellate court ruling in a case (Friedrichs v. California Teachers Association) challenging the constitutionality of a California law that levies an agency fee on teachers who refuse to join a uCourt recently agreed to review an appellate court ruling in a case (Friedrichs v. California Teachers Association) challenging the constitutionality of a California law that levies an agency fee on teachers who refuse to join a ucourt ruling in a case (Friedrichs v. California Teachers Association) challenging the constitutionality of a California law that levies an agency fee on teachers who refuse to join a union.
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.
The appellate court introduced a new standard that conflates language from two separate Supreme Court cases in a way that leaves school officials subject to litigation and restricts their ability to maintain harassment - free school environmcourt introduced a new standard that conflates language from two separate Supreme Court cases in a way that leaves school officials subject to litigation and restricts their ability to maintain harassment - free school environmCourt cases in a way that leaves school officials subject to litigation and restricts their ability to maintain harassment - free school environments.
(A 2014 ruling in that case sided with the students but was overturned by an appellate court earlier this year; the plaintiffs are now appealing to the California Supreme Cocourt earlier this year; the plaintiffs are now appealing to the California Supreme CourtCourt.)
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.
The reason veterinary malpractice cases do not make it to the appellate courts is because thedamages in these cases typically are too small to economically pursue that far.
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.
For example, when an appellate judge retires and joins a private firm, and the firm later employs the retired judge to brief an appeal to his former colleagues, the firm is partly trying to persuade the court that it should decide the case in the firm's favor because of the retired judge's established reputation, character, and credibility.
Apparently, that is not the norm in New York, where the courts have recognized a dearth of female litigators in commercial and appellate litigation cases.
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.»
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.
In such cases, the appellate court may, in the interest of justice, order a new triaIn such cases, the appellate court may, in the interest of justice, order a new triain the interest of justice, order a new trial.
Taking into consideration the lack of evidence in the record of this case with regard to the landlord's knowledge of the vicious propensities of the dog, the conflicting studies about how best to control the dog bite «epidemic» mentioned herein, and the problems inherent in defining what constitutes a «mixed - breed» pit bull, the matter of creating a new standard of liability is fraught with problems and is beyond the sphere of resolution by any appellate court.
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