Sentences with phrase «appellate decision»

An appellate decision refers to a judgment or ruling made by an appellate court, which is a higher court that reviews and examines the decisions made by lower courts. In simpler terms, it is when a group of judges looks at a previous court's decision to determine if it is fair and legally correct. Full definition
I expect we will see a burst of inconsistent lower court judgments early in the new year followed by some significant appellate decisions in the spring.
We've observed this in several recent appellate decisions.
Published appellate decision holding that an individual development project can be fully approved through the initiative process.
This was not the first appellate decision involving the enforcement of an arbitration agreement in cases involving tort and contract.
However, a much different set of constructs governs fee awards at the federal level, as a recent federal appellate decision reveals.
He has tried jury and bench trials in state and federal courts and has been counsel in reported appellate decision.
We also have handled and won, year after year, some of the most significant appellate decisions involving trade secrets law in federal and state courts across the country.
But prior appellate decisions have held that the question of whether an action is statute - barred is a question of mixed fact and law.
Lawmakers pass new laws every legislative session and appellate courts hand down new appellate decisions at a rapid pace.
We have consistently obtained favorable results for our clients in dozens of published and unpublished appellate decisions.
This tab provides insight into appellate decisions involving similar cases, including those with the same cause of action and posture as the brief.
Posts also note key appellate decisions and what they mean for advertisers.
Yet another Canadian appellate decision has confirmed that employers who do not provide for the early termination of fixed - term employment agreements do so at their peril.
Waiting until the trial is over to begin thinking about an appeal often leads to an adverse appellate decision.
This blog discusses this defense and two appellate decisions explaining this defense.
The experience of our lawyers has resulted in successful appellate decisions and innovative changes to our law.
We have obtained numerous appellate decisions in the area of municipal law.
This exception, however, is quite narrow, as illustrated in a recent appellate decision.
As common law doctrines evolve, sometimes their rationale, and proper application, can get lost; that can be because of just one «less than thoughtful» reported appellate decision.
Every now and then I look at a new appellate decision and experience the shock of reading something that I would have guessed was certain to never come up before seeing it in print.
This is the first appellate decision on Carter judicial authorizations.
Now there are two published appellate decisions from which to begin a sketch of the contours of post-McNeely Minnesota.
Let me piggy back on Dave's post to remind folks that Slaw's been tweeting appellate decisions as CanCourts for over two years now.
He has won many important appellate decisions for physicians and other healthcare providers and has argued several cases in the United States and California Supreme Courts.
This feature allows lawyers to quickly scan over the important issues raised in appellate decisions for the week, and when the user finds a case that relates to their practice they can immediately call up the full text of the case.
She said appellate decisions favor class certification if there is a blaket policy on employee breaks that doesn't square with the law.
Obtained a trial verdict and Third Circuit appellate decision upholding indemnification for members of ASTM arising from antitrust claims.
Several of his Superior Court trials have generated very important appellate decisions including Commonwealth v. Vinnie, 429 Mass. 161 (1998), Commonwealth v. Greineder, 458 Mass. 207 (2010), Commonwealth v. Mendes, 406 Mass. 201 (1989)(Polygraph), Lipchiz vs. Ratheon Company, 434 Mass. 413 (2001)(employment discrimination), Commercial Union vs. Boston Symphony Orchestra, 406 Mass. 7 (1989)(insurer's duty to defend).
Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»
In one province (not Alberta), there are so many appellate decisions condemning the practice, but not ordering a new trial, that one wonders whether the prosecutors there think that it is a matter of «Do as I say, not as I do.»
The Michigan Supreme Court recently released a decision reversing a lower appellate decision in favor of the governmental defendants in a negligence case filed by a woman who was injured while she was crossing a public highway operated by the defendants.
Members of the group monitor state and federal appellate courts in Pennsylvania, Delaware, Massachusetts, New Jersey, and New York, as well as the Supreme Court of the United States, to report breaking appellate decisions important to our clients.
Over the years, we have also successfully defended high - profile sexual misconduct claims that resulted in precedent - setting appellate decisions in the areas of repressed memory and statutes of limitations.
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.
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...
In re Zimmer, Inc., a recent Texas appellate decision, considered a product liability lawsuit brought by a plaintiff.
IGGillis is one of the few appellate decisions on CIP in Canada, and among the clearest statements on its reach.
I've now added four more such Twitter accounts, so you can now use Twitter to stay fairly current with appellate decisions from Alberta, Saskatchewan, Manitoba and Nova Scotia.
I'd hope the life span of an SCC case is longer than that of a lower court appellate decision.
Case - Related Orders issued by the Supreme Court are posted to the court's website on the day they are released, and are retained until they are published in the official reporter of Alaska appellate decisions - Pacific Reporter (P. 2d and P. 3d), and the Alaska Reporter, which contains the Alaska cases excerpted from P. 2d and P. 3d.
In the last month, we've seen two more appellate decisions definitively rejecting the idea of some sort of separate cause of action — apart from warning or design defect — for «failure to test,» whatever that might be.
Illinois appellate decisions (as well as those of several other states) demonstrate the comparative advantages of such an approach.
Through his time serving with these appellate courts, he gained invaluable experience regarding appellate decision - making, state and federal procedural law, and a wide variety of substantive areas of law, including federal preemption, the National Labor Relations Act, the Federal Aviation Administration Authorization Act, employment law, fraud and conspiracy, and various criminal law matters.
denied, 117 S. Ct. 770 (1997), the first major appellate decision in the country on the issue of admissibility of evidence of repressed and recovered memories.
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