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 p
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 p
court'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 plac
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 plac
in 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 cas
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 cas
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 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 land
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 land
court 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 jurisdiction
In the meantime, petitioners can continue to take their
cases to
court in other appellate jurisdiction
in 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 reg
Court to send the
case back to the
appellate court so that it can be reconsidered in light of the new greenhouse gas regulatory reg
court 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.&r
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.&r
court'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 t
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 t
court decision returning the closely watched censorship
case to federal district
court for t
court 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 u
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 u
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 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 co
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 co
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 co
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 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 environm
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 environm
Court 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 Co
court 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 b
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 b
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 b
Court 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 tria
In such
cases, the
appellate court may,
in the interest of justice, order a new tria
in 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.