Sentences with phrase «appellate decision in your cases»

With all of that, we're confident that you'll find some way to make use of this appellate decision in your cases.

Not exact matches

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.»

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.

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.

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.

Fortunately, progress in stem - cell research can still continue through non-federal funds, and the prevailing zeitgeist does seem to favor an eventual nullification of the decision: Yesterday, another overreaching legal case bit the dust when an appellate judge dismissed a lawsuit that claimed CERN's Large Hadron Collider risked destroying the Earth.

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 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 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.

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 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 brief.

Just published is the appellate decision of Judge Dight, assisted by Master Whalan, in the case of May v Wavell.

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.»

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.

They have not only litigated hundreds of insurance cases with great success at the trial court level, but they've also helped shape the law in this area through their published appellate decisions,» commented Frank Falzetta, head of Sheppard Mullin's Insurance practice.

An initial decision in the case went in favor of the husband but an appellate court reversed.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

In my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals courIn my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals courin which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals court.

Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident's daughter.

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».

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

Following the precedent set by the decision of the Supreme Court in Montgomery v. Lanarkshire Health Board [2015] UK SC 11, the case constitutes the first appellate decision where the Court of Appeal has emphatically ruled in favour of patient choice.

The decision halts a 27 - year old expansion of venue in patent cases which began in 1990 when an appellate court expanded venue from a corporation's state of incorporation to any district where personal jurisdiction could be established over the alleged infringer.

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with the services offered by complainant lexis is a paper exchange programme that our department participates in with several english departments in ontario and quebec lexis is and particularly how it is different from «vocabulary lexis is the basis of language lexis is probably less well known lexis is now advertising lexisone on law lexis is continued until graduation lexis is determined to carry on with similar community projects for future lexis is used extensively to provide legal information lexis is closed or lexis is a french lexis is only permitted lexis is less sophisticated than westlaw lexis is concerned lexis is designed to keep out of the way of the candidate as much as possible lexis is open to all areas of literary study lexis is available from most of the other subject categories as well lexis is remarkably homogenous in nature lexis is similar to westlaw in coverage lexis is licensed by west group to use its star pagination system lexis is an exciting new twist on the 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Trial and appellate lawyers in the firm's offices have successfully tried cases to verdict, judgment or appellate decision in virtually every substantive legal area and business segment, highlighted by the specific practice areas below.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

The most recent article includes cases where lawyers were sanctioned for appealing a case based on a knowingly false claim, the dismissal of an appeal for failing to file a brief (after two extensions of time), and a decision in which the appellate court found the controlling contract provision itself, after both sides had been arguing the wrong provision since the trial began.

The New York Court of Appeals, which is the highest state appellate court in New York, recently released a decision affirming two lower court decisions to exclude a plaintiff's proposed expert witnesses in a personal injury case filed on behalf of a child who was born with serious birth defects and disabilities alleged to have resulted from his mother inhaling gasoline fumes while she was pregnant with him.

It is unusual to comment on a decision to deny leave since such decisions are never supported by reasons and the Court has warned that we can not infer much about the status of an appellate decision on which leave was denied for the very good reason that there may be all sorts of considerations that might lead the Court to deny leave in any particular case.

An appellate court recently reversed a lower court's decision based on a catalog of disrespectful and derogatory statements from the bench toward one of the litigants in the case, who was representing himself.

This case is a sequel to the appellate decision in Estate of Sims, 475 P. 2d 505 (1970).

Sadly, one of these cases resulted in an unpublished appellate decision from the Ninth Circuit upholding the lower court.

Additionally, it should be noted that the Adjudicator did apply the Divisional Court decision in Scarlett v Belair Insurance when rendering his decision, which suggests that appellate case law will continue to have some role to play before the LAT.

These verdicts include a $ 5 million verdict in a gadolinium case, a verdict that was upheld in an important appellate decision Decker v GE Healthcare, 770 F3d 378 (6th Cir 2014).

is a case that I tried (over many weeks of trial) that resulted in a very positive appellate decision for my client, along with having the law in Illinois on retained earnings in divorce clarified.

District judges have the time (because they've invested the time in pretrial hearings, trials, and sentencing hearings) to make good sentencing decisions, whereas appellate judges don't have and can't have the same time invested in each case.

A state appellate court recently issued a decision in a product liability case that was filed by the widow of a man who was killed while working at a factory.

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.

Earlier last month, an appellate court in California issued a written opinion in a medical malpractice case upholding a lower court's decision to grant the plaintiff a new trial after newly discovered evidence showed that the defendant may be liable for her loved one's death.

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.

Second, there is no need to resort to Charter values to displace any deference that an appellate body might owe to the original decision - maker because in Dr. Gehl's case no deference is owed to the Registrar.

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.

Several Kentucky appellate decisions make a distinction about comments made by a lawyer in a pending case, and statements made after the conclusion of a case.

Of course «justice» here in the Mian case is balancing on a fine line as justice must not only be seen to be done in the scope of the appellate review but justice must also be done in the very decision the appellate court makes.

This unique rule dates from a time when the California Supreme Court reviewed trial court decisions de novo, so that its agreeing to hear a case effectively nullified the prior opinion of the intermediate appellate court in the matter.

[t] rial decisions, even in important constitutional cases, attract less attention than appellate ones, especially those of the Supreme Court.

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.

2013 — Fresenius v. Baxter (Federal Circuit Court of Appeals) Significant appellate decision in patent infringement case for Fresenius, ending long - standing litigation which included reexamination by the PTO.

This was not the first appellate decision involving the enforcement of an arbitration agreement in cases involving tort and contract.

In such cases as this one, there are even two infringement rulings (regional court and higher regional court) prior to the Federal Patent Court's decision; in other cases, the Federal Patent Court's decision comes in just about in time for the appellate hearinIn such cases as this one, there are even two infringement rulings (regional court and higher regional court) prior to the Federal Patent Court's decision; in other cases, the Federal Patent Court's decision comes in just about in time for the appellate hearinin other cases, the Federal Patent Court's decision comes in just about in time for the appellate hearinin just about in time for the appellate hearinin time for the appellate hearing.