Sentences with phrase «appellate rulings by»

The Bardehle lawyers analyzed all German patent validity determinations in 2010 - 2013: 392 rulings by the Federal Patent Court and 173 appellate rulings by the Federal Court of Justice.

Not exact matches

«Today's ruling is a major milestone in our efforts to recover damages for our investors,» said James Dondero, co-founder and president of Highland Capital Management, L.P. «We are pleased the appellate court recognized the harm caused to our investors by Credit Suisse's fraud and breaches of contract.»

Just how that charge is to be exercised is nowhere indicated in the text, and the possibility remains, therefore, that outside the Latin church the jurisdiction will be exercised via the patriarchs and ruling synods of the Oriental churches — normally, by way of reaction, namely, in the event of patriarchs or ruling synods calling on the pope for mediation in some dispute («appellate» jurisdiction), and abnormally, in the pope taking some initiative to bring a matter to the attention of such patriarchs and synods.

Latin has finished construction of more than half of the $ 2 million artificial soccer field.The one - paragraph ruling from the appellate court says no construction or excavation can occur on the field until a decision is reached by the Cook County Circuit Court.

The New York Court of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in place.

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.»

Under the rules, parties are not allowed to approach the appellate court, except under the special circumstance that the record of proceedings at the court below had been compiled and transmitted by its registry.

Here's the decision by four appellate court judges — two Democrats and two Republicans — dismissing Sen. Craig Johnson's appeal of a Dec. 4 ruling of State Supreme Court Justice Ira Warshawsky that handed the 7th SD race to Republican Jack Martins.

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.

That decision was appealed by Tkaczyk to an appellate court which unanimously ruled that 90 more contested ballots should be counted.

«Anything they do in regards to Mr. Prudenti's financial disclosure form has already been ruled upon by the appellate division,» Besso said.

The appellate division of New York State Supreme Court on July 28 declined to rule on the allegations in a lawsuit filed by the UFT and a coalition of community groups and parents on Jan. 5, 2010 that the New York City Department of Education was misusing hundreds of millions of dollars in Contract for Excellence funds earmarked for smaller class sizes.

That response drew yet another from the university and its public record custodian urging the state appellate court to either protect the competitive interests of Arizona's higher educational institutions by defending «the freedom, vigor, candor and integrity of the researchers who work there» or rule on its own that «the need to protect the confidentiality and privacy of the work done at Arizona's universities» outweighs the public's right to know.

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

But in 2015 that ruling was overturned by an appellate court.

(A 2014 ruling in that case sided with the students but was overturned by an appellate court earlier this year; the plaintiffs are now appealing to the California Supreme Court.)

Fields, who ruled the opposite in 2015 and was reversed by the appeals court, refused Friday to stay the appellate decision.

Following a broadly structured decision by the 5th U.S. Circuit Court of Appeals to vacate the DOL fiduciary rule expansion, the National Association for Fixed Annuities decided its own appellate challenge has been made unnecessary.

Upheld by an appellate court, the ruling briefly protected the Hegins pigeon shoot organizers from prosecution for cruelty.

I clicked on the «Settled Principles» tab to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater right of access to public records than the general public,» and this from a Florida court, «It is well - settled that public records and reports or business records are admissible as an exception to the hearsay rule provided they are authenticated by a custodian.»

Starting December 1, lawyers filing briefs with the Texas Supreme Court, the Texas Court of Criminal Appeals and the state's 14 intermediate appellate courts must contend with a new rule that limits the filings by the number of words.

Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).

The Economist said it read more like «novice high - school debate speech than a ruling by a federal appellate judge.»

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.

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 Publisrules in Connecticut Practice Series: Connecticut Rules of Appellate Practice, which is issued annually by West PublisRules of Appellate Practice, which is issued annually by West Publishing.

This ruling appears to be out of step with appellate authority which holds the costs borne by an insured to secure his or her right to a defence under an insurance policy should be paid on a full indemnity basis.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»

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 appellate court held that the ruling in Brown v. Brown was superceded by amendments to Virginia's equitable distribution statute in 1991.

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

Generally, an appellate court can only review issues that were presented to and ruled on by the trial court.

I am surprised by the number of appellate level decisions in Canada that rule correctness is the applicable standard to review a ministerial decision, and I must admit to being somewhat puzzled over why this has become an issue.

So under the current court rules, they're doing themselves somewhat of a disservice by limiting the length of their briefs, but they decided that they'd rather have their briefs readable to the appellate judges who are reading them on their iPads.

Following the precedent set by the decision of the Supreme Court in Montgomery v. Lanarkshire Health Board [2015] UK SC 11, the case constitutes the first appellate decision where the Court of Appeal has emphatically ruled in favour of patient choice.

Most recently, a New York appellate court ruled this week that a college baseball pitcher who was struck in the face by a batted ball during batting practice could not sue his school because he assumed the risk of injury.

The appellate court ruled that plaintiffs were attempting to sidestep the requirement for expert testimony by drawing a false distinction between «symptoms of discomfort» and «symptoms of disease.»

The annual Haynes and Boone Securities Litigation Year in Review comments on significant securities - related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes significant rulings in state law fiduciary litigation against directors and officers of public companies.

For example, the legal fight in the U.S. to hold bans on same sex marriage to be unconstitutional was fought in and resulted in ruling in dozens of courts at the trial court and state appellate court, and federal intermediate appellate court level before a uniform ruling was established by the U.S. Supreme Court.

Indeed, one of the rules of appellate practice is that a trial court's ruling will be upheld for any reason supported by the evidence even if it wasn't made by any party at trial.

Although the debate over the extent of employers» duty to accommodate employees» childcare obligations will likely continue until there is a definitive ruling by an appellate court (and quite possibly the Supreme Court of Canada), prudent employers should carefully assess any request for accommodation based on family obligations, taking into account such factors as:

Last year a state appellate court in Ohio ruled that the firm should be broken up and that Lynn Kelley should receive a new trial on damages after overturning rulings against her by lower state courts.

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 article, which was titlted «Ruling Reinforces Need to Abide by Contracts in Construction Disputes,» focused on a recent Florida appellate court ruling finding -LSRuling Reinforces Need to Abide by Contracts in Construction Disputes,» focused on a recent Florida appellate court ruling finding -LSruling finding -LSB-...]

The emphasis in Pt 35 of the Civil Procedure Rules on the experts» duty to the court, and the several decisions of the appellate courts concerning experts» conflicts of interest and independence, has encouraged a more professional approach by the vast majority of experts.

By holding that appellate courts are to review interpretation of «standard form» contracts on a correctness standard, the court protects the rule of law.

Tennessee SB 3660 / HB 3060 (2008) Specifies that if an appellate court declares a disaster pursuant to applicable court rules, then all statutes of limitation and repose will be extended by the same number of days that the applicable filing deadlines are extended with deadlines to be extended only in county in which disaster is declared.

The rules of evidence and civil procedure are complicated, and must also be understood in light of appellate cases that have been decided by appellate courts over the years.

A panel of Illinois appellate court judges ruled that an Ottawa newspaper published by Ottawa Publishing must release the names of commentators on its Web site alleged to have made defamatory statements, the Chicago Tribune reported.