Sentences with phrase «appellate ruling required»

Apple argued that the Federal Circuit's appellate ruling required the court to enter partial final judgment for Apple «immediately» and that the appeals court had implicitly rejected Samsung's argument that Apple's defeat before a Patent Trial and Appeals Board (PTAB) last year had the effect of collateral estoppel on the parties» first California litigation.

Not exact matches

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

Paterson's counsel told state agencies in May that a recent appellate court ruling required them to recognize gay marriages legally performed elsewhere.»

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.

A state appellate court ruled in In re Rachel L. that state law requires all children to be taught by certified teachers.

In that ruling, the appellate court relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not apply.

The Virginia Court of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of Virginia.

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.

The rules of appellate procedure, however, require the notice to be sent by certified mail or hand - delivered.

Our standard of review in appeals from the family court requires a de novo review of the family court's decision, and appellate courts are consistent in holding that procedural rules are subservient to the court's duty to zealously guard the rights of minors.

The issue will likely require an appellate review because of these conflicting rulings, Brown says.

In accordance with the federal rules of appellate procedure and the Seventh Circuit's local rules, the parties were required to set out a statement of jurisdiction and specify the basis for diversity jurisdiction and the amount in controversy.

The article, which is titled «Contractors That Allow Court Notices to Fall Through the Cracks Will Face Severe Consequences,» focuses on the takeaways from a recent appellate ruling against a contractor that failed to file suit against a surety bond within the required 60 days.

As a respondent, if your adversary has filed an appeal to which you must respond, and you require an attorney with appellate experience to assist you, I can review the appellate record and with a fresh perspective, fight to have the court uphold any favorable rulings.

The practice continues; the court's rules of appellate procedure still require use of this public domain citation system.

(1) is not required to comply with Canons 4A (4), 4A (5), 4D (2), 4E, 4F, or 4H (3); (2) except as provided in the Conflict - of - Interest Rules for Part - time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding.

First, the principle of universality requires appellate courts to ensure that the same legal rules are applied in similar situations.

Because of that divergence the state's rules of appellate procedure required parallel case citations of Pennsylvania decisions.

Creating a circuit split between federal appellate courts, the Second Circuit has ruled that courts are required to defer to United States Department of Housing and Urban Development's («HUD») interpretation of section 8 (b) of the Real Estate Settlement Procedures Act («RESPA») regarding a lender's mark - up of a third party's fees when no additional...

The court ruled that the appellate court's ruling would have essentially required the garage owner and other property owners to become insurers of the public safety, which the court stated was against the public policy of California.