Not exact matches
Noonan wrote a dissent
from the
appellate court's
opinion that the firm could not require its employees to attend company prayer services, even though the owners allowed them to sleep, read, or otherwise ignore the service so long as they were present.
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 immediate cause of these lower returns is undisputed: Fidelity allocated MIP investments away
from higher - return, but higher - risk sectors (e.g., corporate bonds, mortgage pass - throughs, and asset - backed securities) and toward treasuries and other cash - like or shorter duration instruments,» the
appellate court wrote in its
opinion.
The latest
appellate iteration of the Procter & Gamble versus Amway spat today produced a lengthy
opinion from the U.S. Court of Appeals for the Tenth Circuit.
And so it is with Google's entry into the legal research field with its announcement yesterday that Google Scholar now allows users to search full - text legal
opinions from U.S. federal and state
appellate and trial courts.
Usually, the menu of options for an
appellate judge participating in an
opinion is limited: You either write the
opinion, concur with it, dissent
from it, or concur in part and dissent in part.
Michael Murray studied rhetorical uses of parentheticals in federal
appellate briefs and
opinions.110 He drew a cross-sectional sample of briefs filed in several
appellate courts
from February through July of 2011.
First, readability scores for federal
appellate court
opinions and state supreme court
opinions were similar.131 Second, readability scores
from U.S. Supreme Court
opinions were lower than
opinions from the other courts.132 Third, briefs
from U.S. Supreme Court cases had lower readability scores than briefs
from the other courts.133 Finally, at the U.S. Supreme Court level, the
opinion readability scores were significantly lower than the brief readability scores.134
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.
The October 7, 2015 Supreme Court
opinion in Moore v. Moore, 414 S.C. 490, 779 S.E. 2d 533 (2015), is the first published South Carolina
appellate opinion to distinguish personal goodwill
from enterprise goodwill for equitable distribution purposes.
A recent
appellate opinion discusses how one plaintiff's execution of an overly broad settlement agreement actually dismissed multiple defendants
from the case, despite her lack of intention to do so.
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
This unique rule dates
from a time when the California Supreme Court reviewed trial court decisions de novo, so that its agreeing to hear a case effectively nullified the prior
opinion of the intermediate
appellate court in the matter.
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.
That, for receiving appeals
from the decrees and other proceedings and conduct on the part of the above - mentioned judges immediate, there be judicatories
appellate, all single seated, in such number as experience shall have shown to be necessary: if more than one, station of all of them the metropolis: that being the central spot, to which persons
from all parts of the country have occasion to resort for other purposes; and at the same time that in which the best - formed and most effective public
opinion has place — public
opinion!
In September 2002, I published online a letter
from a Mississippi - based reader of my
appellate Web log who thought odd the practice of one or more of your colleagues on the Supreme Court of Mississippi to dissent, in whole or in part, without
opinion from majority
opinions of your court.
Wrote the initial drafts of over 20
appellate opinions and responded to questions
from the Judge as my work was reviewed.
This research summary surveys studies showing alleged and adjudicated batterers receiving custody at rates ranging
from approximately 1/3 (Wellesley study) to the vast majority (Meier's survey of
appellate opinions), with the majority in the 50 - 70 % range.