Sentences with phrase «appellate issues as»
While clerking I kept track of the potential appellate issues as they happened.
https://lawyerist.com/ Not exact matches
«We consider this a VERY big victory for the WEP, as now all three appellate courts to hear the issue agree with us that the Gold WEP rules govern the operation of the WEP,» said Steven C. Russo, an attorney for Greenberg Traurig, which argued the cases for the governor's allies.»
Still, as a federal appellate judge, Gorsuch has issued hundreds of opinions that offer some idea of where he might stand on health and science issues.
In short, the outcome would appear to turn on the views of its newest member — a product of Catholic schools who, as Arizona Supreme Court justice Clint Bolick explains in this issue (see «Gorsuch, the Judicious Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate judge.
A subsidiary, and, as time may tell, perhaps a more significant issue, was how an appellate court should deal, on appeal, with a legal services order made by the judge below.
[26] In a case such as this, the essence of the complaint is not that the reasons are functionally insufficient — the parties agree that on their face, the reasons explain what was decided and provide a basis for appellate review — but rather that the judge's wholesale incorporation of the material of others shows that he did not put his mind to the issues and decide them impartially.
Earlier this month, one state's appellate court issued a written opinion in a medical malpractice case that required the court to determine whether the single doctor named as a defendant should be able to introduce evidence that there had originally been several other doctors named as defendants, but they had all settled with the plaintiff before the case reached trial.
Acted as appellate counsel in cases where the firm was not trial counsel, including matters involving complex commercial litigation and novel issues of law.
The trial court determined the billing records were not privileged so as to be exempt from the disclosure, but the appellate court disagreed by issuing a writ to the contrary.
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.
And know that you will win accolades as a new appellate lawyer by massive amounts of preparation — long hours reading the record and reading all the cases relevant to your issue, both in and outside your jurisdiction.
Mark is highly experienced in appellate court rooms as well, having served as lead appellate counsel in dozens of appeals presenting cutting - edge business issues and constitutional issues.
Maybe I'm cynical, but when the December 2014 roster listed Ricigliano v. Ricigliano as a case in which the issue was whether the family court erred in failing to award a husband permanent periodic alimony I figured the South Carolina appellate courts had finally found a case in which they would approve an award of rehabilitative alimony.
We hope to keep our readers informed about cases and issues on appeal as well as scholarship, research, conferences, and news related to appellate courts.»
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.
Antigone has acted as lead trial counsel and appellate counsel in federal civil lawsuits across the United States and she has represented numerous Fortune 500 companies involved in high stakes intellectual property disputes and a variety of other business and legal issues.
He frequently litigates business disputes and issues relating to supply network and distribution matters, as well as disputes involving contracts, business torts, trade secrets, trade dress, covenants not to compete, and enforcement of intellectual property rights before state and federal trial and appellate courts, including arbitration panels.
The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.
When answering that question, we consider the five Florida appellate court decisions below that ruled, as a matter of law, on the issue of whether or not a jury's award of pain and suffering damages were inadequate.
We are frequently brought in shortly before trial to serve as lead trial counsel, co-trial counsel or appellate counsel to make sure that the case is properly tried and that all appellate issues are properly preserved.
I suspect that my client will win on that issue, but if his predecessor in title had simply given notice to himself as required by statute and kept proof of doing so, this case might never have gone to court, instead of having to be litigated to the second highest possible appellate court in the land, saving huge amounts of money and time and aggravation and this would have made his successor's title more secure.
Earlier this month, an appellate court issued a written opinion in a Connecticut sports injury case that required the court to determine if the school that was named as a defendant in the case was entitled to government immunity.
Most notably, appellate - level courts addressed issues such as the power of regulators to prohibit professionals from participating in customer incentive programs (Sobeys West), or to refuse to accredit educational programs that discriminated, on religious grounds, against persons of different sexual orientations (TWU).
The second step, as you probably guessed, is weeding out the issues that do not have a reasonable probability of prevailing in the appellate court.
Wystan M. Ackerman has a national appellate practice focusing on insurance coverage and class actions, regularly representing insurers and national insurance industry associations (as amicus curiae) on critical insurance coverage issues.
The appellate court justices ruled there remained a genuine issue of material fact as to whether the owner of the property should have anticipated the plaintiff's harm, despite her knowledge of the danger.
Several academics have proposed algorithms for predicting case outcomes based on information such as the composition of an appellate panel and the ideology, gender and background of the judges, and these algorithms have generally performed better than law professors» predictions based on the legal issues involved.
Earlier this month, an appellate court in California issued a written opinion in a premises liability case that was brought by the mother of a child who was struck by an errant golf ball as she was wheeling her son in a stroller on a walking path owned and maintained by the city.
The law in 2018 is likely to be substantially different than in years past, which only creates more issues for the appellate courts to attempt to untangle as everyone attempts to make sense of what the new laws mean and how to apply them going forward.
So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56
Earlier this month, a federal appellate court issued a written opinion in a personal injury case discussing the theory of premises liability as it pertained to a case involving a child who was seriously injured when a metal stanchion fell atop his finger.
[5] Although no federal appellate court decision has yet addressed the issue, there currently is a split in authority at the district court level as to whether the limitations periods for FMLA (and, by analogy, FLSA and EPA) claims may be contractually shortened.
«At 25 Years and 26 Days, Chief Justice Hecht Marks History as Longest - Serving Justice»: The Supreme Court of Texas today issued a news release that begins, «Texas» longest - serving appellate judge, Chief Justice Nathan L. Hecht, celebrates a new milestone Sunday: longest - serving justice in state Supreme Court history.»
R. v. Mian, 2014 SCC 54 (35132) An appellate court will be found to have raised a new issue when the issue was not raised by the parties, can not reasonably be said to stem from the issues as framed by the parties, and therefore would require parties be given notice of the issue to make informed submissions, and issues forming the backdrop of appellate litigation will typically not be «new issues».
Insight A federal appellate court has issued an order dealing with indemnification for prior settlements, and it could have a hugely beneficial impact on potential indemnitors, including sellers of mortgage loans as well as insurers, reports Bilzin Sumberg.
The test, as the majority judgment and the dissent agree is that there must be enough evidence in the file to allow the appellate court to rule on the new issue, and the failure to raise it at first instance can not be the result of a strategic choice by the party that seeks to raise it on appeal.
A further category of issues that will not be considered as «new» are those «that form the backdrop of appellate litigation, such as jurisdiction, whether a given error requires a remedy and what the appropriate remedy is the standard of review» (par.
The Academy often appears as amicus curiae in cases involving important issues of appellate practice.
On this subsidiary issue the Chief Justice was also clear in stating that such an «invitation» should not be given as the appellate court should not go beyond raising questions during oral argument.
As is frequently the case with appellate courts, the lawyer's issues were sidetracked by questions which the judges thought up.
One reason the results drop so fast as you narrow your search is that appellate judgments don't tend to list every relevant sentencing factor the way the trial courts do, but instead focus on those at issue on the appeal.
In each of these judgments, the Court has sought to provide clarity with respect to a number of issues surrounding the scope of appellate powers, particularly insofar as the distinctions between questions of fact and questions of law are concerned.
These cases may provide some needed guidance on not only provocation as a defence but generally on the issue of threshold tests and on the level of deference appellate courts should have for the jury process.
I don't think my service as an appellate judge has changed my views on the difficult issue of illegal drugs.
His expertise in the area of costs (described by Legal 500 as the leading player), provides him with an excellent platform for all wasted costs issues and applications at both first instance and appellate levels.
Each student prepares a brief on a significant appellate issue, as well as an oral argument on both sides of that issue.
Let me begin by disclosing that I am an enthusiastic supporter of the view that federal appellate courts should not be able to issue decisions identified as «non-precedential.»
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request
Florida appellate court finds that fact issues remained as to whether the broker ratified the salesperson's conduct and made the brokerage vicariously liable for his actions.
The appellate court concluded that summary judgment on the negligence claim was improper because disputed facts had to be determined, such as what the licensee knew at the time and to what extent he participated in the actions at issue.