Sentences with phrase «certiorari from»

SCOTUS can not grant certiorari from the district court level.

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.

[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.

Not exact matches

Justice Scalia wrote a dissent from the denial of certiorari.

It is clear from the foregoing that this Government and the Attorney - General were clearly acting mischievously to politicize the excellent work of the Sole Judgment Debt Commissioner by connecting the NPP's Attorney - General who merely paid upon the consent judgment the Supreme Court had refused to quash by certiorari during the NDC 2 Government as a means of aborting the further investigations ordered by the Commissioner.

The trial further exposed how Silver received hundreds of thousands of dollars in kickbacks from a tax certiorari firm he had asked Glenwood to give its business to — a key component leading to Silver's conviction.

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.

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.

He is not known to have any expertise in the complex and highly specialized area of the law in which Goldberg & Iryami practices, known as tax certiorari, which involves challenging real estate tax assessments and seeking reductions from municipalities.

Soon after the Court failed to resolve the case of Tom F., it denied certiorari in the earlier case from the Second Circuit, with Kennedy again recusing himself without explanation.

In their petition for certiorari, the teachers contend that «public - sector collective bargaining constitutes core political speech about governmental affairs that is not materially different from lobbying.»

See Scenic Am., Inc., v. Department of Transportation, No. 16 - 739 (Gorsuch, J., statement respecting the denial of certiorari)(questioning whether deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), is owed to an agency's interpretation of contractual terms); see also Garco Constr., Inc. v. Speer, No. 17 - 225 (Thomas, J., dissenting from the denial of certiorari, joined by Gorsuch, J.)(encouraging the Court to overrule Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)-RRB-.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Jonathan drafted several merits and certiorari - stage briefs before the U.S. Supreme Court, and his work garnered a 2017 Supreme Court Best Brief Award from the National Association of Attorneys General.

SCOTUS Blog reports here that the Solicitor General has thrown its support behind a petition for certiorari seeking reversal of a the 6th Circuit's decision in Winkelman v. City of Parma, barring parents of a disabled child from enforcing their child's rights under the Individuals with Disabilities Education Act (IDEA) unless represented by an attorney.

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.

The next, he's fooling law professors and the legal media with a story about the Supreme Court Justices recusing themselves from a certiorari matter involving rotisserie baseball to avoid a conflict of interest due to their own participation in the league.

I disagree with that conclusion, and dissent from the denial of certiorari.

The most notable judicial stab at noir came last year from Chief Justice John Roberts, in a dissent opposing a denial of writ of certiorari in Pennsylvania v. Dunlap.

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.

If the Supreme Court granted Samsung's petition from writ of certiorari, the outcome could have similarly positive effects as the recent Lexmark decision.

San Francisco, CA (Law Firm Newswire) January 27, 2017 — A team from Gibson Dunn & Crutcher LLP, led by Theodore B. Olson, the former Solicitor General of the United States, will represent Mandana D. Farhang and M.A. Mobile Ltd. in the Supreme Court of the United States in opposition to a petition for a writ of certiorari recently filed by the Indian Institute of Technology, Kharagpur (IITK).

Our limited grant of the writ of certiorari has withdrawn from our consideration at this date those questions, which include, inter alia, sufficiency of the evidence, composition of jury, and conduct of the trial.

Apple has just responded to Samsung's mid-December petition for writ of certiorari (request for Supreme Court review) regarding two legal questions concerning design patents and, in the same document, to amicus curiae («friend of the court») briefs from major industry players, many IP law professors and various public interest advocates, all of whom agree with Samsung that the top U.S. court should take a look at this matter.

Since granting certiorari, the Court has received several amicus briefs from interested parties, some with matters before the court, as well as various bar associations, such as the ABA.

APPEAL from, and certiorari (309 U.S. 626) to review, a judgment which sustained the conviction of all the defendants on one count of an information and the conviction of one of the defendants on another count.

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.

Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»

'' Chief Justice Roberts Fiddles, Troy Davis To Die from Simple Justice The last execution date, September 23, ended with a stay pending determination of his application for certiorari to the Supreme Court.

He relies on his own clerks to help cull perhaps 80 worthy cases from the thousands of appeals, called petitions for certiorari, that reach the court each year.

I decided to make a momentary re-appearance in blog - land because I've been a bit perturbed by the various blog coverage of the Chief Justice's dissent from the denial of certiorari today in Pennsylvania v. Dunlap.

questions of «scope of review» and the «face of the record» rule had arisen even before the writ of error was clearly distinguished from certiorari.

McCray v. New York, 461 U.S. 961, 963 (1983)(MARSHALL, J., dissenting from denial of certiorari), referred to with approval, id.