Sentences with phrase «appellate decision on»

The Oregon Supreme Court also affirmed the appellate decision on the violation of the Unfair Trade Practices Act, although on different grounds.

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.

This is the first appellate decision on Carter judicial authorizations.

IGGillis is one of the few appellate decisions on CIP in Canada, and among the clearest statements on its reach.

The course will employ a «case method» — not the typical study of appellate decisions on particular issues but a «full» case method that examines entire cases, from dispute to filing to trial to appeals and beyond.

Not exact matches

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

Atty. Zelda Soriano, Legal Counsel for the Petitioners discussed the grounds on which the appellate court based their favorable decision, which includes the main argument of the petitioners that the field testing is characterized by «serious scientific uncertainty with regard to its health and environmental effects.»

Latin has finished construction of more than half of the $ 2 million artificial soccer field.The one - paragraph ruling from the appellate court says no construction or excavation can occur on the field until a decision is reached by the Cook County Circuit Court.

In the wake of an appellate court decision, Spa City's charter change advocates are once again trying to get their hands on electronic images of ballots cast in November's charter referendum that was defeated by a narrow 10 - vote margin.

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.

ALBANY — The corruption convictions of former state Senate Republican Majority Leader Dean G. Skelos and his son Adam B. Skelos were overturned by a federal appellate court on Tuesday in the wake of a U.S. Supreme Court decision that retooled the definition of an «official act» as it relates to public corruption.

A Libous spokesman lamented the fact that the appellate court didn't agree with the Supreme Court's decision, but said the senator looks forward to «running on his record.»

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.

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.

«But we intend to go to the appellate decision to have the case heard on the merits.»

«Clearly it was very, very conservative and he had made decision after decision on the appellate court, and it ended up that he didn't get confirmed and the person who got confirmed as a Supreme Court judge — I can't even remember his name.»

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.

However, legal experts point to an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.

The Brooklyn - based state appellate panel on Wednesday denied an appeal from Public Advocate Letitia James and several other groups seeking to overturn Justice William Garnett's decision to keep the testimony and minutes from the grand jury proceedings sealed.

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 appellate panel reached that decision even though the district judge had based the dismissal on a 1989 U.S. Supreme Court decision that was overturned last year by the Congress's adoption of the new civil - rights...

While it did not deem scholarship tax credits generally unconstitutional, the decision, if not overturned on appeal, will prevent religious organizations from participating in similar initiatives nationwide — including a parallel program for corporate donations upheld by an Arizona appellate court just weeks earlier.

But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.

«Analysis and commentary on recent California appellate decisions and legislation of interest to trial lawyers and judges.»

I clicked on the «Settled Principles» tab to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater right of access to public records than the general public,» and this from a Florida court, «It is well - settled that public records and reports or business records are admissible as an exception to the hearsay rule provided they are authenticated by a custodian.»

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

The appellate court judges are required to presume the jury's decisions at trial were correct — as long as the record on appeal contains evidence to support the jury's verdict.

511, 873 P. 2d 413 (1994), a decision by an intermediate appellate court, in which the defendant does not appear to have objected to the trial court's instructions as inaccurate, incomplete, or insufficient, for failure to inform the jury concerning a statutorily mandated $ 500,000 cap on noneconomic damages.

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.

But if you're crying over an appellate court's decision, just know you're neither the first nor the only one to experience the pain of losing a case on appeal.

According to the appellate court, the dismissal of a claim with prejudice is a decision on the merits.

I hope you will still find this blog a useful, interesting source of information and opinion even as I discontinue my high - frequency, granular litigation (and litigation - related antitrust) coverage and focus on select issues, which I'll mostly be able to write about at a time of my choosing, except for some key appellate decisions.

A Case Comment describes and analyzes a recent important appellate court decision and concludes by offering opinions as to the decision's probable impact on future cases.

«Focusing on New Jersey appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.»

At trial, the jury was able to convict based on the information, but an appellate court will have a hard time making a decision on the sufficiency of the evidence.

I'd been unaware of the new web - based publication, Law in Firm which was released last week by the Village - Justice portal, and an article by Pierre Breese on the protection of scents by copyright, spring from a January appellate court decision involving Oreal and Bellure.

This blog provides summaries of and links to appellate and U.S. Supreme Court decisions as well as reports on legislative action in Ohio and the U.S. Congress.

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 court.

The appellate court remanded the decision to the trial court to consider these factors as a guide to making a judgment on the children's best interests.

Questions of law will be reviewed by an appellate court on a standard of whether the decision, taken as a whole, was demonstrably unreasonable.

I base this view on two recent appellate decisions: Strickland v. Strickland, 375 S.C. 76, 650 S.E. 2d 465 (2007) and Semken v. Semken, 379 S.C. 71, 664 S.E. 2d 493 (Ct.App.2008).

The uncertainty resulting from inconsistent lower court decisions on the existence of a tort of harassment will likely not be resolved until an appellate level decision is rendered.

At the end of each quarter, the speakers will review the appellate decisions during the quarter that will have the greatest impact on Intellectual Property law.

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.

Much in the D.C. Circuit appellate decision in Noel Canning v. National Labor Relations Board hinges on the «the» found in the Recess Appointments clause in Article Two of the US Constitution:

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.

A recent Utah Supreme Court decision sets forth a good example of how not to use out - of - state authority when writing an appellate brief on a question of first impression.