Sentences with phrase «appellate decision against»

Hard on the heels of that decision comes an appellate decision against one....

Not exact matches

This DEC action comes on the heels of a recent New York State appellate court decision that reinstated criminal indictments against another concrete company, Quality Concrete, also located on Newtown Creek.

Ragusa «submitted evidence showing that [he] was elected chairman of the Queens County Republican Party at a Queens County Republican Party meeting held on or about Oct. 3, 2009, and that the statewide Republican Party subsequently recognized Ragusa as chairman of the Queens County Republican Party,» the appellate judges wrote in their decision Tuesday against Berney.

According to the Court of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.

Currently, lawyers representing New York City are appealing an appellate judge's decision ordering the city to release a summary of substantiated complaints against Pantaleo.

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, EFCC.

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.»

The two - time Oscar winner, now 101, is challenging a California appellate court's decision to throw out her case against Ryan Murphy and the cable network.

In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.

Its logic may prove to be indicative of harder times blowing in favour of creditors trustees against the family; or an appellate court may find that a decision in the ancillary relief jurisdiction overrides s 339.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

I think this case is of interest to ABlawg readers because it involves the judicial review of a mineral royalty decision and it also concerns appellate - level consideration of the standard of review applicable to a ministerial decision — a topic of recent interest in the judiciary and which Professor Olszynski explores in his recent ABlawg post «Of Killer Whales, Sage - grouse, and the Battle Against (Madisonian) Tyranny».

The annual Haynes and Boone Securities Litigation Year in Review comments on significant securities - related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes significant rulings in state law fiduciary litigation against directors and officers of public companies.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

l As a rule also, there is some basis to the claims they make; what is in issue is the inappropriate and wholly excessive way in which they continue to pursue their claims after a properly constituted court (and later an appellate tribunal) has pronounced its decision, invariably one that has gone against them.

A state appellate court in Maine recently handed down a decision that demonstrates the importance of meeting deadlines and other procedural requirements when making a personal injury or wrongful death claim, especially when the claim is against a state or municipality.

In the first appellate decision interpreting and applying Pennsylvania Rule of Civil Procedure 1006 (a. 1), Pennsylvania's tort reform measure involving venue, the Pennsylvania Superior Court affirmed the ruling of the trial court and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia County.

In 2013, she successfully argued for reversal by the New York State Court of Appeals of an adverse decision by an intermediate appellate court in a lease interpretation matter, thereby obtaining dismissal of the suit in its entirety against her client.

Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in federal court cases involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate decisions making certification of such claims very difficult in Florida.

Since the appellate court upheld the trial court's decision, the plaintiff will be able to have her day in court, and her claims against the defendant will proceed toward a possible settlement or trial.

In that case, a central issue was whether the publication was communication of ideas, but the final appellate decision was that «The book directly and unmistakably urges concrete violations of the laws against murder and murder for hire and coldly instructs on the commission of these crimes.

The SCC's decision did not allow for much flexibility and went against one of the usual practices of appellate courts — to give deference to the Copyright Board in findings of fact (fairness in claims of fair dealings is one such finding of fact).

The whole decision - making process of an appellate court is designed to balance the need for finality against the need for quality and a fair trial in the trial court.

In Kentucky, an appellate court affirmed a lower court's decision to award primary custody to the father, based in part on Facebook photos showing the mother partying and drinking against the advice of her mental health providers.

As reported by Law360, a California state judge recently ruled that Latham & Watkins tentatively was entitled to an award of attorney's fees to the tune of about $ 1.6 million as damages in a malicious prosecution case against litigants Messrs. Parrish and Fitzgibbons, in a case which produced quite a bit of appellate activity (including a published California Supreme Court decision).