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.
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.
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.
This tab provides insight into
appellate decisions involving similar cases, including those with the same cause of action and posture as the brief.
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.
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.
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...
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.
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.
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.