Sentences with phrase «appellate issues from»

His article, entitled «Winning Your Appeal At Trial,» discusses how attention to appellate issues from the earliest stages of a case, continuing through trial, can lead to better outcomes on appeal.

Not exact matches

JUDGE BLOCKS BODY CAM VIDEOS» RELEASE — New York Times's Ashley Southall: «A state appellate judge issued a temporary order on Monday blocking the New York Police Department from releasing video from officers» body cameras to the public.

Jonathan Lippman, who was chief judge of the state Court of Appeals from 2009 through last year, has joined the New York office of Latham & Watkins LLP, where he will provide expertise on state law and appellate matters while remaining a high - profile advocate on the public policy issues.

Randall G. Bennett is the Deputy Executive Director and General Counsel of the Tennessee School Boards Association where he provides general legal opinions to local boards of education, superintendents and TSBA staff on school governanace issues, organizes and presents at seminars and training events, prepares and files amicus briefs in appellate cases affecting public schools, monitors current litigation and changes in state and federal law, and supervises the Association's Policy Department, A former school board member and police officer, Mr. Bennett obtained his law degree from Nashville School of Law.

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

The issue the appellate court examined was whether the plaintiff was prevented from obtaining damages under common law, due to the Texas Workers» Compensation Act.

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.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground.

Courts, including a number of appellate courts, have reviewed human rights tribunal decisions, and spoken to the obligation of professional regulatory hearing panels to address alleged discrimination, unless such issues are expressly excluded from their scope by enabling legislation.

In a short time, I bet, the phone for each blog's author would be ringing regularly with calls from the media seeking analysis of cases and key appellate issues.

Litigation in the US Tax Court, the US Court of Federal Claims, and multiple federal district and appellate courts, with experience ranging from partnership tax litigation, research and development credit litigation, fringe benefits and payroll tax litigation, transfer pricing litigation, and numerous other domestic and international issues

This differs from Combined Air, in which the Court of Appeal observed the question of whether there was a genuine issue requiring trial is a legal question, subject to appellate review at the lower standard of correctness.

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.

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 appellate court, not reaching this issue, affirmed the dismissal finding the judicial estoppel doctrine barred plaintiff from asserting an inconsistent position in a subsequent proceeding... Click here for full article.

Two other experienced appellate practitioners joined in discussing the various points during trial proceedings, from preparing initial pleadings through post-trial motions, where potential appellate issues must be recognized and steps taken to protect the record.

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

From «quick and dirty» summaries of legal issues to complex appellate briefs, I provide legal research and writing services to solo and small - firm attorneys on a per - case basis.

3d 494, 503 - 04 (2009), which the parties do not cite, the appellate court, also apparently on its own impetus, referenced Google Maps to show that the victim traveled approximately 295 feet from when he was set on fire to when he was able to make the statements at issue in the case.

Requiring federal appellate courts to hear appeals from orders issued in MDL proceedings where immediate review may materially advance the ultimate termination of the case.

From pre - and post-nuptial agreements to property division to spousal and child support to custody, GMSR has extensively litigated family law issues in the appellate courts.

The monograph examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

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».

The appellate court sent the case of Carey v. Wolnitzek back to U.S. District Judge Karen Caldwell to determine the meaning of the word «issue» in the Kentucky Supreme Court rule that prohibits judicial candidates from saying how they will rule on «issues.»

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.

Slip opinions are issued Fridays after 9:00 a.m. and are retained on the court's website 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.

Baker Botts lawyers also handle district court litigation related to federal regulatory issues and appellate cases arising from review of both lower court decisions and agency orders.

The Court cited a number of reasons, including that it is not appropriate for an appellate court, twice removed from the parties» initiating motion, to grant this relief; the appellants have not had the opportunity to make full submissions on this new issue; the «irregularity» that State Farm seeks to correct was intentional; the delay in seeking the alternate relief was significant; the pleadings would be deficient and unable to support an ongoing action by the Trustee without further amendments; and State Farm is a sophisticated party.

Explores and discusses issues affecting appellate practice, including recent cases, primarily from the Michigan Supreme Court, Michigan Court of Appeals, and the Sixth Circuit Court of Appeals.

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.

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: [phone] Cell Phone: [phone] Fax: [phone] 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

A federal appellate court considered whether a state can stop a corporation from making direct financial contributions to ballot issue campaigns.