Sentences with word «certiorari»

Lawyers will be well advised to review this most recent Supreme Court decision before advising their clients to pursue petitions for writs of certiorari of discovery orders which do not involve claims of privilege.

The case that may provide the vehicle for such a ruling, Ellison v. United States, was recently the subject of an order directing the U.S. Solicitor General to file a response to the defendants» petition for certiorari by May 21.

The Supreme Court started its work this morning with this order list that include a grant of certiorari in one federal criminal case, Luis v. US.

Glenwood also appears to have been a client of the tax certiorari firm from which former Assembly speaker Sheldon Silver is accused of taking undisclosed payments.

The court denied certiorari in Jones v. United States, which asked the court to rule that in deciding on a sentence, federal judges should not be able to take into consideration conduct for which the defendant was acquitted.

Barring a stunning grant of certiorari by the U.S. Supreme Court, or perhaps a sequel to «The Social Network,» we may have finally seen the last of Cameron and Tyler Winklevoss.

The charges against Silver revolved around clients to a tax certiorari firm where he was of counsel, and some senators expressed concern Flanagan might face questions regarding similar conflicts.

The Supreme Court granted certiorari on whether RICO can be applied extraterritorially.

On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.

Town Attorney Amy Mele said he has a very high conviction rate for his tax certiorari cases and that is what we go by.

On April 2, 2013, the Clarkstown Town Board held a special Town Board meeting to discuss the continued retention of the Law Office of Joseph J. Savino to represent the Town in tax certiorari matters, in light of the recent charges filed against Mr. Savino.

The appeal from that order was therefore properly «in» the Court of Appeals, and the case is now properly before this Court on the writ of certiorari before judgment.

The only time a federal court can review that ruling is if the U.S. Supreme Court decides to review a decision by a state supreme court either on the merits, or by denying certiorari at the state level.

Hudson is the first time since I began this blog that the Supreme Court has issued a published decision dismissing a writ of certiorari as improvidently granted for a Court of Appeals opinion pertaining to family law.

So, to avoid the possibility of a 4 - 4 tie, Bashman proposes legislation or a judicial rulemaking to authorize the U.S. Supreme Court to randomly tap a non-recused judge from the U.S. Courts of Appeals to replace a recused Justice in a case in which certiorari has been granted.

Microsoft sought certiorari before dismissing its Petition.

[15] Thus, «in addition to case law dealing with the same issue of law, an interpretation or application of a statute, a procedural rule, or a constitutional provision may be the basis for granting certiorari review.»

Dec. 29, 2014: The Times reports that federal investigators are probing Silver over payments he received for referring real estate clients to the tax certiorari law firm of Goldberg & Iryami.

· The county budgeted for the issuance of $ 5 million in serial bonds to cover the costs of tax certiorari claims.

In a case previously discussed in this blog here, the United States Supreme Court denied the petition for certiorari filed by the City of Houston, seeking to challenge the Texas Supreme Court's ruling in Pidgeon v. Turner, No. 15 - 0688.

Those standards are derived largely from the precedent established by the 9th Circuit's now - expired certiorari power over the Guam Supreme Court.

[Footnote 7] The state ground for affirmance, i.e., the failure to take certiorari from the action refusing a license, depends upon the constitutionality of the ordinance.

[3] The analysis did not consider firms that made fewer than 30 appearances as either a petitioner or respondent in petitions for certiorari since 2000.

There is no point in predicting whether certiorari will.

The Supreme Court's denial of certiorari lets stand an August 2010 decision by the Ninth Circuit Court of Appeals in favor of World Vision and against three employees who were fired after the organization concluded that they did not believe that Jesus Christ is fully God.

The second scheme alleges Silver urged major real estate developers, including Glenwood Management, the state's sveltest political donor, to hire Goldberg & Iryami for tax certiorari work.

A contingency budget should not be a zero increase in the tax levy; it should be set it at the cap and contain necessary exclusions (debt service, increases in pension costs, tax certiorari payments and costs due to enrollment increases, etc.);

Silver was accused of receiving $ 700,000 in payments from one law firm in exchange for using his official position to obtain recurring tax certiorari legal claims of two real estate developer clients with business before the New York State Legislature.

«I believe the retainer agreements for certiorari [certain legal tax issues] are filed somewhere to be viewed and the side letter would not be,» Runes said.

Silver is accused in court documents of using his official position to get Glenwood to send its tax certiorari business to a law firm headed by a lawyer who served as Silver's counsel decades ago.

Silver did not respond to questions about the investigation or his relationship with the Goldberg firm, including how much the firm has paid him, when the payments began, what work he has performed, or whether he has any tax certiorari experience.

It's wonderful that the production team has revived a judicial action that is ultimately heroic, ground - shaking, celebrating the good work of the American Civil Liberties Union (ACLU), its representative lawyers noting that only one out of four hundred cases is even accepted for review, i.e. certiorari.

As I stated in a letter to the editor a few years ago and as repeated elsewhere, denials of certiorari convey no decision upon the merits of the case; the high court is merely exercising its discretion not to affirm,...

Decisions of the V.I. Supreme Court can be reviewed by the 3rd Circuit only on a more limited certiorari basis.

Using certiorari, the Court may set aside a decision, or refer it back to the tribunal for reconsideration.

None of these steps would require release of any private information about the court's deliberations, or even the justices» privately recorded certiorari votes....

Mr. Ackerman was successful in persuading the United States Supreme Court to accept certiorari in Standard Fire Ins.

My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18, 2011 Court of Appeals opinion in Dulaney v. Dulaney.

Bridging Communities Inc v Top Flite Financial Incorporated 843 F3d 1119 (6th Cir 2016)(reversing district court decision to deny class action certification)(petition for writ of certiorari currently pending)

His five - page handwritten petition for a writ of certiorari arrived at the U.S. Supreme Court in early 1962, and the court agreed to hear his case.

The defendant promptly filed a writ of certiorari asking the state Supreme Court to instruct the lower court to look over the facts of only the sanctions involved in this case again.

Our petition for certiorari presents the question whether conviction under a statute prohibiting acts that cause bodily harm is a «crime of violence,» subjecting the defendant to longer imprisonment under the U.S. Sentencing Guidelines, even though the statute does not require physical force as an element of the offense.

We granted certiorari because of the importance of the constitutional questions presented.

Finding «significant» cases was difficult this year, because much of the real action in making class action law was occurring in the Supreme Court's certiorari pool.

Cautioning that a departure from the essential requirements of law is «something more than a simple legal error,» the court said there must be a violation of a «clearly established principle of law resulting in a miscarriage of justice» to warrant certiorari review.