Sentences with phrase «appellate review of»

The court of appeal restated the test for appellate review of the best interests of the child.

And, of course, the limitation on appellate review of factual determinations under Rule 52 (a) is no more stringent than the limitation on federal appellate review of a jury's factual determinations under the Seventh Amendment, which commands that

Canadian courts have consistently adopted a similarly deferential approach to the appellate review of factual findings, as illustrated most notably by the Supreme Court of Canada's judgment in Stein v.

But some lower courts have found that to be an improper avenue for seeking appellate review of a class certification decision.

[19] Finally, appellate review of punitive damages must adopt a «de novo» standard of review of the jury's award, at least when the action is a federal case.

A different and less deferential standard applies to appellate review of a jury award of punitive damages.

As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases.

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

As I have noted before, the fact that Gall seemed to loosen the stardards for appellate review of variances will not always benefit defendants.

The simple underlying rule is that if, in the opinion of the appeal court, the deficiencies in the reasons prevent meaningful appellate review of the correctness of the decision, then an error of law has been committed.»

For that reason, the U.S. Supreme Court adopted a rule in 1998 permitting discretionary appellate review of class certification rulings.

Ultimately, barring judicial factfinding is the only way a scheme can truly comport with the Sixth Amendment, at least to the extent there is ANY appellate review of sentence lengths.

The court's straightforward application of the statutory bar to appellate review of remand orders based on lack of subject matter jurisdiction rejects the notion that the AIA somehow creates an exception to that longstanding bar to appellate review.

The risk that an explanatory memorandum may unfairly affect the rights of a party or appellate review of the underlying order.

One thing is certain, the Supreme Court's ruling will have a significant impact on a patent owner's ability to seek appellate review of a PTAB decision to institute an IPR proceeding.

When the Supreme Court rendered the Federal Sentencing Guidelines nonbinding in United States v. Booker, it established appellate review of federal sentences for reasonableness to cabin sentencing judges» newly acquired discretion.

This month, four authors — Judge Nancy Gertner, Professors Doug Berman and Steve Chanenson, and Yale Law Journal Editor Eric Citron — offer their perspectives on the definition and practical meaning of appellate review of sentencing.

The Eleventh District Court of Appeals does appellate review of judgments of common pleas, municipal and county courts for Ashtabula, Geauga, Lake, Portage, and Trumbull; appeals from board of Tax Appeals; original jurisdiction in select cases.

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.

Not exact matches

UPDATE, 4:25 pm EST: A different New York judge has granted DraftKings and FanDuel an «emergency stay» of the injunction order; it means the companies can, for now, continue to operate in New York until an appellate panel reviews the injunction on January 4.

Long before she embarked upon the journey that is now the Corporation for Social Security Claiming Strategies, Cheryl was an avid researcher and writer as Managing Editor of the Law Review and clerk in the appellate screening division of the Rhode Island Supreme Court where she had several successes.....

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

We are reviewing other options and what we might do in terms of making motions and pursuing our appellate rights.»

In asking the Court of Cassation to review the verdict, he said that the appellate judges should have held the scientists to account for failing to object to the idea of an energy discharge.

The U.S. Supreme Court recently agreed to review an appellate court ruling in a case (Friedrichs v. California Teachers Association) challenging the constitutionality of a California law that levies an agency fee on teachers who refuse to join a union.

She pointed out that the California Teachers Association has racked up three wins since spring, with the appellate court's unanimous ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedures.

The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»

Before joining DOT, Mr. Bradbury was a litigation partner at Dechert LLP in Washington, D.C., where his practice focused on regulatory enforcement and investigations, rulemaking and judicial review of agency actions, appellate cases, and antitrust matters.

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.

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.

Read chooses one aspect of each case (opening statement, direct examination, cross-examination, deposition, closing argument and appellate oral argument) and then reviews relevant transcripts from this «turning point,» analyzing why it was outcome - determinative.

For example, Michael Murray used manual review and coding to study the use of parentheticals in 200 federal appellate court briefs and 107 Supreme Court opinions.256

[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.

672, 596 A. 2d 687 (1991), the court nevertheless declined to «interpret Haslip to hold that an award of punitive damages, to comport with the requirements of the Due Process Clause, always must be subject to a form of post-verdict or appellate review that includes the possibility of remittitur.»

It also noted that trial and appellate courts were «not entirely powerless» because a judgment may be vacated if «there is no evidence to support the jury's decision,» and because «appellate review is available to test the sufficiency of the jury instructions.»

Chapters containing advice on research, citation, and standards of review for trial and appellate courts are included.

Prepared various appellate briefs for review by the Arizona Court of Appeals and the Arizona Supreme Court.

Their independent variable was readability, as measured by the Flesch Reading Ease score calculated by Microsoft Word.127 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 (present or absent), and readability of the opinion deciding the appeal.

Clerks bring research, analytical, and writing skills to the table; judges bring their vast experience and understanding of trial and appellate procedure, standard of review, and how the law is applied.

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.

The appellate court first recognized the standard of review.

This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.

And so might appellate guy Jason Steed's recent review of the fourth edition (here).

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.

The appellate court first recognized the applicable standard of review, that the evidence would be viewed in a light favorable to the prevailing party, all reasonable inferences in its favor, citing Congdon v. Congdon, 20 Va..

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.

In reviewing the trial judge's order, the Court of Appeals took offense at the comment, feeling that the trial court had unfairly lashed out at the appellate judges because precedent precluded the judge from resolving the case as he saw fit.

I review my picks for the year's 10 most important appellate opinions involving the admissibility of expert opinions and the procedural formalities surround their use.