Sentences with phrase «by appellate counsel»

Maybe you'll decide you need to input the leave to appeal and appeal facta, too, and somehow take into account what was in there in assessing the significance of Clements, Ediger and Benhaim to the decision you need to make to render your opinion bearing in mind you don't actually know what grounds of appeal the SCC thought mattered and, remarkably enough, sometimes the SCC delivers comments on issues that (arguably) weren't dreamt of by appellate counsel;

Not exact matches

Atty. Zelda Soriano, Legal Counsel for the Petitioners discussed the grounds on which the appellate court based their favorable decision, which includes the main argument of the petitioners that the field testing is characterized by «serious scientific uncertainty with regard to its health and environmental effects.»

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).

Defense counsel and appellate counsel for a large medical device company owned by a Fortune 500 company in a patent infringement suit involving methods of using electrochemical sensors for blood glucose monitoring.

Kathleen Sullivan is revered by clients and peers as a major force in the nationwide appellate sphere, who laud her keen insights and expert counsel in constitutional law and wider corporate disputes.

Served as trial and appellate counsel for Ambry Genetics in a patent infringement suit by plaintiffs University of Utah and Myriad Genetics involving BRCA1 and BRCA2 breast and ovarian cancer genes and associated genetic testing.

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

Joel served as lead counsel in many landmark cases in both trial and appellate courts, including the U.S. Supreme Court, and participated in shaping several important pieces of federal legislation enforced by the FDA.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Represented citizens group in election redistricting case in Pennsylvania, by stepping in as appellate counsel obtaining reversal of unfavorable lower court judgment, on appeal to Pennsylvania Commonwealth Court.

These cases have been pre-screened by a staff attorney based on a determination that briefing and argument by counsel would benefit appellate review and assist with the fair and efficient administration of justice.

Since 1938, when Sutherland's founding partner Judge Elbert P Tuttle argued in the US Supreme Court to establish a Sixth Amendment right to counsel in criminal cases (Johnson v. Zerbst, 304 US 458), our lawyers have been lead appellate counsel both in cases we have tried and in cases brought to us by other counsel after trial.

Often times, government will aggressively litigate until the end, only to tell the appellate court that fees to a successful party were excessive or multipliers unjustified despite the contingency risk absorbed by the winning party's counsel showing great acumen to prevail in the matter.

Defendant finally argued the time records were incomplete / unreliable, but the appellate court dispatched this one by noting this factor was used to deny a requested lodestar enhancement by plaintiff's counsel such that the defense did get some traction on this argument, but traction already factored in by the lower court in reducing claimed fees.

The vast majority of defence counsel will recommend it to a client because a joint submission would certainly be accepted by the court as falling «within the range» that would then insulate the disposition from hostile appellate intervention.

Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel.

trial judges who remain unsatisfied by counsel's submissions should provide clear and cogent reasons for departing from the joint submission (and as the S.C.C. wrote, these «[r] easons will... facilitate appellate review.»)

The court's proposal, that a document not referred to either in evidence or an argument could be inferred by the court to be unimportant, was generally acceptable to counsel as a pragmatic approach, but not to the extent that it limited appellate review.

An appellate holding that the attorney - client privilege applied to a memorandum written by in - house counsel, reversing the district court's denial of the client's claim of the privilege.

Any finding by a trial or appellate judge that a prosecutor has improperly lied to the court about material issues, or who has knowingly withheld exculpatory evidence, shall be reported by the presiding judge to the Bar Counsel for investigation and said report shall be part of the public record.

In my view, when counsel fully address the Guidelines in argument, and a trial judge decides to award a quantum of support outside the suggested range, appellate review will be assisted by the inclusion of reasons explaining why the Guidelines do not provide an appropriate result.

Some of our notable entertainment and media attorneys are: John Quinn, General Counsel of the Academy of Motion Picture Arts and Sciences, who has also represented entertainment and media clients in a number of high profile cases; Kathleen Sullivan, the former Dean of Stanford Law School, First Amendment scholar, and nationally renowned appellate advocate, who heads the firm's appellate practice group; Bob Raskopf, an expert in the sports, entertainment and media bars in New York, who is perhaps best known for his work on behalf of professional sports leagues and teams, newspapers and publishers; Claude Stern, who has represented a broad array of leading software developers, videogame manufacturers, online publishers and other media clients in all forms of intellectual property litigation, including copyright, patent, trade secret, trademark, and licensing disputes; Bruce Van Dalsem, who has tried and resolved disputes for studios, producers and performing artists in the film, television, music and finance businesses, securing a top five verdict in California based on the misappropriation of a film library; Gary Gans, an expert litigator in motion picture financing, production and distribution disputes, as well as copyright and idea theft cases, who has been named in 2012 by The Hollywood Reporter as one of America's «Top Entertainment Attorneys;» Jeff McFarland, who has litigated entertainment related cases for more than 20 years, including cases involving motion picture and television series profits, video game licenses, idea theft and the «seven year rule;» and Michael Williams, who represents a satellite exhibitor and other media clients in trademark, copyright, patent, antitrust and other commercial litigation.

Although at the time this case was heard, the majority of provincial and territorial appellate courts held that courts had jurisdiction to prevent defence counsel from withdrawing due to non-payment in fees, there was some division in the case law and differing approaches had been taken in the codes of conduct established by provincial law societies.

Nothing is more frustrating for an appellate judge than being confronted by counsel who do not know the record.

It is quite true, as was argued by the counsel for the petitioner, that the appellate jurisdiction of this court is not derived from acts of Congress.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance