Sentences with phrase «appellate rulings on»

Not exact matches

On Friday, however, an appellate court in Rome ruled to give Uber a little bit more time.
The appellate court ruling could open the door for internet providers to charge different rates based on the content people download.
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 appellate ruling is part of a multipronged court battle between Tinari forces and dissidents who say the party is still under the control of ex-Conservative chairman Edward Walsh, who is in federal prison after his conviction on corruption charges.
Cuomo's preferred slate to run the Women's Equality Party got a boost from an appellate court decision, but a ruling on a similar case is due early next week in Rochester.
A state appellate court ruled unanimously on Thursday that New York City must keep open 19 schools it wanted to close for poor performance, blocking one of the Bloomberg administration's signature efforts to improve the educational system.
The appellate court ruled that the burden fell on the challengers to provide «clear and convincing evidence» that Teachout does not to meet the residency requirements — a burden that they failed to meet.
This week, in a move that typifies the administration's recent approach, the state appealed an appellate court ruling that Indian Point is grandfathered into the state's Coastal Management Plan, which protects the wildlife habitat and recreational activities on the river.
Late last year, the state lost one of its bargaining chips in the attempt to shut down Indian Point, when an appellate court ruled the plant is grandfathered in under the state's Coastal Management Plan, which protects wildlife habitat as well as recreational activities on the Hudson River.
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.
The appellate division of the State Supreme Court in Manhattan ruled on Aug. 25 that the Department of Education's Teacher Data Reports should be released to the public.
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.
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.
Within days the Home School Legal Defense Association (HSLDA), a national organization with more than 14,000 member families in California, had collected over 250,000 signatures calling on the California Supreme Court to «depublish» the appellate court's ruling, which would strip it of precedential value.
The U.S. Court of Appeals for the Eighth Circuit upholds the constitutionality of the «off the top» funding method used to allocate Chapter 1 aid to pupils in church - affiliated schools; it is the first appellate court to rule on the question, on which federal district courts have been divided.
Texas created the policy in 1997 after a federal appellate court ruled, in Hopwood v. Texas, that the state's previous affirmative - action system based on racial preferences was unconstitutional.
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.
The federal appellate ruling last month lets stand a massive court - ordered property - tax hike imposed last fall on the city's residents to help fund the school district's desegregation efforts, which are among the most comprehensive and expensive ever undertaken.
The boards of 10 charter schools appealed to the high court on Monday, saying a Franklin County appellate court ruling that says the company owns the equipment «threatens the public accountability that ordinarily accompanies the use of public funds.»
They are seeking a declaratory ruling that follows up an appellate court win that vacated much of a 2015 FCC ruling on the use of autodialers to call cell phones.
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.
Nearly a month after an appellate court unexpectedly quashed the DOL fiduciary rule expansion, the Securities and Exchange Commission has announced a date and time for its first formal meeting on the topic.
But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.
The appellate judges have now tossed out anything relating to Mann's original fraudulent complaint, including Judge Combs - Greene's unbelievably careless ruling in which the obtuse jurist managed to confuse the defendants, and her subsequent ruling in which she chose to double - down on her own stupidity.
Before there appeared to be a 5 - 4 majority on the Supreme Court that was likely ready to overrule the appellate court if the appellate ruling favored the Plan.
Now there's just four, and on a 4 - 4 split, the appellate ruling would stand.
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.»
Rather, it merely proves that the different regional federal appellate courts follow somewhat different rules governing the order in which the judges on the three - judge panel that decided the case are listed on an opinion.
The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).
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.
(3) In the case where an immediate appeal against a ruling has been lodged, and only when there is prima facie evidence showing that there are circumstances that will cause the revocation of the protection order, an appellate court may order, upon a petition, the suspension of the validity of the protection order until the judgment on the immediate appeal against a ruling has come into effect.
Depending on the appellate court's ruling, the trial court may rehear the case to deal with specific issues addressed in the appellate opinion.
Then move on to the criminal statutes, the Rules of Criminal Procedure, and then you can start reading the cases from our appellate courts (the cases start in the 1800s).
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.
When you show a judge that the legislature has weighed in on your issue, or an appellate court has ruled your way in a similar case, then you're probably going to win the day.
He was lead counsel in the federal and appellate courts and on the briefs in the United State Supreme Court on behalf of the County of Los Angeles and Los Angeles Flood Control District in Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 133 S. Ct. 710 (2013), a unanimous ruling in favor of his client.
Ultimately, the objective is to present an argument based on the law that will persuade the appellate judges to hear the appeal and issue a favorable ruling.
One of the most commonly encountered rules of appellate procedure is the requirement that a claim of error must be raised at trial in order for an appellate court to consider the alleged error on appeal.
On the other hand, the appellate court could affirm the trial court's ruling in which case the verdict will stand.
So what do Sotomayor's appellate opinions on the 2nd U.S. Circuit Court of Appeals tell us about how her trial court experience shaped her rulings on expert witness issues?
A Canadian appellate court ruled that the defendant, described as the victim's «on - again, off - again partner of seven years,» did not commit sexual assault, overturning his conviction.
Generally, an appellate court can only review issues that were presented to and ruled on by the trial court.
Rather, it focuses on whether the appellate mechanism conforms with existing international rules, primarily the New York Convention and the ICSID Convention.
The Model Penal Code: Sentencing project provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of judicial powers to review many collateral consequences of conviction; and many issues having to do with judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.
The case ultimately settled on appeal, but because Ross failed to file a supersedeas bond, Lightfoot submitted extensive briefing in the appellate court regarding the requirements of Rule 8 of the Alabama Rules of Appellate Procedure.
When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously ruled.
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.
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.
We offer a comprehensive service, from early advice on avoiding engagement or breach of the procurement rules, to representation at interim hearings and at trial, and beyond to the appellate courts.
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