U.S. Sen. Robert Menendez, D - New Jersey, has filed a new motion to dismiss corruption charges against him, finding hope in last week's
appellate ruling reversing the bribery conviction of former New York Assembly Speaker Sheldon Silver.
Not exact matches
A state
appellate court in July unanimously
reversed a lower court
ruling and dismissed the case.
Fields, who
ruled the opposite in 2015 and was
reversed by the appeals court, refused Friday to stay the
appellate decision.
The Texas Supreme Court,
reversing the
appellate court,
ruled that this anomaly was just the tip of a troubling iceberg.
A Florida
appellate court recently
reversed a lower court's
ruling that when the amount of the judgment in a tort case is modified on appeal, post-trial interest must accrue from the date of the verdict rather than from the date of the original judgment.
The
ruling that makes clear that an
appellate court can
reverse a guidelines sentence, even when it is followed by the trial judge, implies far more latitude to deviate from the guidelines when the trial judge disagrees with the way the guidelines work in a particular case.
Co-wrote an
appellate brief whereby the federal district court
reversed a bankruptcy court and
ruled that an architect could bring a third - party claim involving a large public project against a consultant who had previously obtained a discharge in bankruptcy.
Although this
ruling was
reversed on appeal, the
appellate court directed entry of an attorney's fees award of only $ 1.4 million, based on the trial court's alternative finding that the prevailing party was not entitled to several million dollars in legal fees.
The
appellate court did not address whether the evidence should have been admitted by the district court, affirming the lower
ruling based on the plaintiffs» inability to show that they were prejudiced by the lower court's evidentiary
ruling, a showing that is necessary for the
appellate court to
reverse the lower decision.
The Court
reversed the
rulings of the trial and
appellate courts and remanded Lawson's case for a new trial based on the above standard.
In the end, the
appellate court
reversed the trial court's
ruling terminating Wife's spousal maintenance but found the trial court did not consider Husbands» alternative request to modify Wife's spousal maintenance.
In the first comprehensive
appellate decision interpreting Pennsylvania
Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court
reversed the
ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claim.
First, its meager support in Texas precedent was blown away when the Texas Supreme Court unanimously
reversed the «
appellate court» decision that Murthy had followed and just an unanimously adopted the learned intermediary
rule:
notable
rulings from lower state
appellate courts (both affirming and
reversing long prison sentences) that I have not seen.
The Eighth Circuit granted discretionary
appellate review under
Rule 23 (f) and
reversed both the order on the motion to dismiss and the class certification
ruling, remanding with direction to dismiss the complaint.
That motion judge's
ruling was
reversed by the
Appellate Division of the Superior Court of New Jersey (our intermediate
appellate court),
ruling that giving such a presumption in favor of the custodial parent is improper in cases where the children's surname was chosen by the parties at the birth of each child and especially in cases where the parents share joint legal custody.
However, the
ruling was
reversed by the state's
appellate court.
The trial court
ruled in favor of the City, but the
appellate court
reversed and found the TUF to be an impermissible excise tax.
The Lender and the Appraiser appealed, and the
appellate court affirmed the compensatory damages but
reversed the lower court's punitive damage
ruling.
The trial court found in favor of the buyer, but on appeal, the
appellate court
reversed that
ruling.
The Broker appealed this
ruling, and the Supreme Court of the United States unanimously
reversed the
appellate court.
The
appellate court
reversed the trial court's
ruling, determining that the Broker had potential liability in his capacity as owner, president, or designated officer / broker for Crank's actions because the Broker's duty to conform with the Act was non-delegable.
The
appellate court
reversed the trial court, determining that the Co-op did have the power to eject the Shareholder, so long as it followed its own
rules and acted in good faith while furthering its corporate purpose.
Initially the trial court awarded damages to the buyers, but the
ruling was
reversed by the state
appellate court and upheld by the Oregon Supreme Court.
Buyer appealed the trial court's
ruling, and the
appellate court
reversed and assessed the costs of the appeal against the Managing Broker.
The Supreme Court of Washington has partially
reversed the
rulings of the
appellate court in Svendsen v. Stock, a case previously summarized in The Letter of the Law.