Sentences with phrase «appellate decisions for»

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.

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.

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.

Not exact matches

«But there is going to need to be some major lawsuits or decisions by federal courts, appellate courts or more to decide what are acceptable practices online for a real shift to take place.

While the recent Champion Auto Sales, LLC et al. v Pearl Beta Funding, LLC decision was a win for MCA companies because it determined at the appellate level that an MCA contract issued by Pearl Beta Funding to Champion Auto Sales «was not a usurious transaction,» many lawyers are saying that, more than anything, this -LSB-...]

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.»

For trial court judges, the prospect of appellate review of their decisions partially mitigates the risk of a judge making bad decisions due to declining intellectual capacity.

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.

While the appellate decision was viewed as a win for TechCity, most of the money refunded by the KCSD and the town won't be paid to Alan Ginsberg, the owner of the business center; Ulster County paid the town back taxes when TechCity didn't always meet its obligations during the period covered by the settlement.

(The Supreme Court later limited a portion of the appellate decision, offering some vindication for Mr. Bharara.)

The appellate court likely won't issue a decision for a few weeks.

ZUG, Switzerland; CAMBRIDGE, Massachusetts; BERKELEY, California; DUBLIN, Ireland; July 25, 2017 (GLOBE NEWSWIRE)-- CRISPR Therapeutics (NASDAQ: CRSP), Intellia Therapeutics, Inc. (NASDAQ: NTLA), Caribou Biosciences, Inc. and ERS Genomics, Ltd. announced that The Regents of the University of California, the University of Vienna, and Dr. Emmanuelle Charpentier (collectively «UC»), co-owners of foundational intellectual property relating to CRISPR / Cas9 genome engineering, today submitted an appellate brief to the U.S. Court of Appeals for the Federal Circuit (the «Federal Circuit») seeking reversal of a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board («PTAB») in an interference proceeding relating to CRISPR / Cas9 gene editing technology.

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.

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.

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.

Following a broadly structured decision by the 5th U.S. Circuit Court of Appeals to vacate the DOL fiduciary rule expansion, the National Association for Fixed Annuities decided its own appellate challenge has been made unnecessary.

If the defendant disagrees with the decision set forth by NAD, then they will go before NARB, which is the appellate body for advertising industry self - regulation (see Blue Buffalo vs. Hill's Pet Nutrition).

But the appellate court's decision to keep blocking the ban pending trial or further appeal is also «a losing situation for the business travel industry,» GBTA said, because «the uncertainty it will create as we await an appeal to the Supreme Court will continue to make its mark.

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.

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.

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.»

Moreover, they have to explain almost every decision they make — many decisions can be appealed, while some trial judges and all appellate judges have to put in writing the reasons for their decisions.

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.

When a party takes a case to trial and does not get the result they had hoped for, they can sometimes appeal the lower court's decision to an appellate court to have the case reviewed.

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.

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.

We have consistently obtained favorable results for our clients in dozens of published and unpublished appellate decisions.

In considering the appellate judge's reasons for decision, it is helpful to review the trial judges» findings under the other heads of damages.

The 2003 version of Family Proceedings Rules 1991, r 8.1 (3) requires that the judge, as appellate tribunal, «be limited to a review of the decision or order of the district judge», save where the «judge considers that... it would be in the interests of justice to hold a rehearing» — as happened, for example in R v R (Lump Sum Repayments)[2003] EWHC 3197 (Fam), [2004] 1 FLR 928, where Mr Justice Wilson (as he then was) decided that the evidence before the district judge needed to be revisited by him.

Smith's Blawg Review # 123 is styled as an appellate decision that sets a great precedent for future Blawg Reviews by covering a wide range of subjects, from the Nixon Peabody theme song debacle to judges who write and cite law blogs.

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.

For all of our followers, we have one for worker's compensation practitioners — a category we do not see come up in many appellate decisions (it usually comes up through writ proceedingFor all of our followers, we have one for worker's compensation practitioners — a category we do not see come up in many appellate decisions (it usually comes up through writ proceedingfor worker's compensation practitioners — a category we do not see come up in many appellate decisions (it usually comes up through writ proceedings).

The Court pointed to other appellate decisions holding that a pedestrian is not required to continually look for defects.

Either or both parties can appeal a judge's decision to a higher court, but it is fairly uncommon for civil cases to be overturned by appellate courts.

The appellate court did vacate the family court decision regarding the relocation of the children to Wisconsin and remand for additional findings that are consistent with Arizona law.

The Rita decision emphasized that this is a standard for appellate review only.

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.

In this recent appellate decision, a participant in a Sudbury youth soccer program who suffered a personal injury as the result of an accident in which a metal goal post flipped over onto him during a team practice can not sue for any alleged negligence arising from the improper placement of the posts.

A decision as to whether or not acts attributable to a body such as a school or college amount to occupation of premises for VAT purposes is a question of degree, sensitive to the particular facts, and one in which an appellate court has to pay considerable respect to the opinion of the fact - finding body.

According to yesterday's news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-RRB-.

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.

I've been reading a lot of judges» decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an appellate court to overturn their decision.

The first appellate level decision to interpret the threshold for a plaintiff to meet to be granted leave in a secondary market class action since the Supreme Court decision in Green was issued by the Ontario Court of Appeal earlier this year.

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.

For one thing, Scholar has a fairly significant cache of articles and case law that runs back about 60 years and encompasses federal district court cases, state and federal appellate decisions, and other topics generally reserved for the legal communiFor one thing, Scholar has a fairly significant cache of articles and case law that runs back about 60 years and encompasses federal district court cases, state and federal appellate decisions, and other topics generally reserved for the legal communifor the legal community.

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There are are risks to the integrity of the process where, for example, the governing decision is a Supreme Court of Canada decision which purports to apply to the common law of all of the provinces — maybe even the civil law by analogy — where the decision has been considered by the appellate courts (and the trial courts) of other provinces, and one would never now that from a particular provinces's jurisprudence.

In other words, from 24 Feb, there were competing legal claims as to the child's best interest, which the courts may make a decision about pursuant to § 31 of The Children Act, and where the hospital submitted a conventional plan for treatment (withdraw life support, limit treatment to palliative care): see the appellate judgment para 116 ff.