Sentences with phrase «appellate issues in»

Counseled large utility client on appellate issues in connection with acquisition of a nuclear power plant.

During law school, Jason interned at the North Carolina Supreme Court, where he researched and briefed current appellate issues in state law.

Not exact matches

Adam Ross, the UFT's general counsel, issued a statement in response to the appellate division's decision to allow an anti-tenure lawsuit to proceed.

Following three state appellate court rulings in the second appellate division in September 2017 requiring healthcare agencies to pay home care workers for all their hours on 24 - hour shifts, Governor Cuomo's Department of Labor issued «emergency regulations» in October consistent with contrary federal court rulings allowing payment for only 13 hours.

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 judgIn 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 judgin this issue (see «Gorsuch, the Judicious Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate judge.

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.

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

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.

That is a central issue in a recent lawsuit by Southeastern Legal Foundation (SLF), the Competitive Enterprise Institute (CEI), a host of lawmakers and several companies, who are petitioning the Supreme Court to review an appellate court decision upholding the EPA's global warming regulations.

This specific issue of proportionality will undoubtedly lead to further litigation in the appellate courts.

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.»

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.»

Her written work on legal issues — in trial and appellate courts — is considered to be some of the best in the nation.

[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.

That the appellate court would have done things differently or reached a different result, however, does not mean that the lower court abused its discretion or, in post-Booker parlance, issued an unreasonable sentence.

Earlier this month, a state appellate court issued a written opinion in a personal injury case that raises interesting and important issues for Florida slip - and - fall accident victims.

His broad appellate practice includes extensive experience in constitutional matters and business issues, with notable recent activity in disputes concerning contractual arbitration provisions.

Acted as appellate counsel in cases where the firm was not trial counsel, including matters involving complex commercial litigation and novel issues of law.

Ms. Deluhery, a partner at Todd & Weld, told the publication in its Feb. 19 issue that» [a] sking an appellate court to say that using the Supreme Court's phraseology of the law in a jury instruction is wrong is going to be a tough sell.»

Earlier this month, a state appellate court issued a written opinion in a personal injury case that illustrates the importance of following all procedural and court rules in South Florida medical malpractice cases.

Recently, a state appellate court issued a written opinion in a personal injury lawsuit that was filed against a Florida nursing home.

Instead, lawmakers chose to let Tennesseans weigh in on the issue in 2014, when voters will be asked whether a modified federal process — gubernatorial appointment, legislative confirmation, and retention elections — should be used to select appellate judges.

We also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue, and advise on complex legal issues that arise in various trial - level fora.

Earlier this month, an appellate court issued a written opinion in a nursing home case brought by the surviving loved ones of a woman who died while in the care of the defendant nursing home facility.

Attorneys Horton and Bartschi provide case and practice annotations to Connecticut's appellate rules in Connecticut Practice Series: Connecticut Rules of Appellate Practice, which is issued annually by West Publishing.

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.

During this hearing, the appellate judges ask the attorney questions about issues initially raised in the appellate brief.

Depending on the appellate court's ruling, the trial court may rehear the case to deal with specific issues addressed in the appellate opinion.

Earlier this month, an appellate court in Georgia issued an opinion in a personal injury case that discusses principles that often arise in Florida medical malpractice cases and other personal injury cases.

When you show a judge that the legislature has weighed in on your issue, or an appellate court has ruled your way in a similar case, then you're probably going to win the day.

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.

Each attorney in the firm brings a long - standing commitment to appellate practice to bear in assessing appeals, recognizing and defining issues and preparing the appeal for its respective court.

Five weeks ago I discovered that Oracle had enlisted several high - profile lawyers with a strong background in copyright issues and in appellate proceedings.

Earlier this month, an appellate court in California issued a written opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he suffered his fatal injury.

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.

And in criminal law, criminal - defense firms have formed coalitions to spearhead appellate litigation that can benefit all criminal defendants facing the same legal issue.

Other times, I can find oral arguments in the federal circuits or at SCOTUS, the audio files or transcripts, that tip where the appellate benches are going on issues.

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.

I almost landed in another federal agency's appellate office that practiced a very narrow issue before federal circuits across the country, but chose my current job because of the very broad swath of constitutional criminal issues we routinely litigate, which is endlessly fascinating.

Furthermore, in my view, it is preferable for the appellate judge who becomes aware of an Internet posting about a pending case, written by someone with particular expertise in the area of the law at issue, to read the posting instead of refusing to consider it.

Cassels Brock had appealed the original decision, with the appellate judge stating in her decision that the firm «raises legal issues relating to liability, the availability of an aggregate damages award, and the trial judge's damages assessment.»

In a Florida civil appellate family law case, the 2DCA issues a PCA thereby preventing FL Supreme Court review.

August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney's fees awards.

However, the appellate court in Linafelt allowed the employee to have another jury trial on the issue of tortious interference with an advantageous business relationship.

Earlier this month, a Rhode Island appellate court issued a written opinion discussing principles that are important to understand for anyone considering filing a personal injury case in South Florida.

The Model Penal Code: Sentencing project provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of judicial powers to review many collateral consequences of conviction; and many issues having to do with judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.

During her clerkship, Sarah researched and analyzed novel issues in many areas of law including civil, criminal, family, unemployment, workers compensation, and juvenile to advise and recommend the resolution of appellate cases to rotating three - judge panels.

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