Sentences with phrase «court erred»

Jorgensen also contended that the trial court erred in failing to conduct an evidentiary hearing regarding the circumstances surrounding CAR's declaration and application of its appeals rules.

In connection with this point, she alleged that the trial court erred in finding that she waived her right to object to Board arbitration by appearing at the hearing.

Thirdly, Lancaster argued that even if she were subject to arbitration, it was not established that she received sufficient notice, and that the trial court erred in finding that she had waived notice by appearing at the hearing.

Thompson told REM that the case is being appealed because Mincom believes the court erred in its judgment.

«[T] his case... turns on the credibility of the witnesses and whether the trial court erred in relying on Dr. DeYoub's conclusions instead of Dr. Thomas's.

And he contends that the trial court erred by ruling that he had waived an objection to certain post-trial evidence of contemptuous conduct by failing to object when the evidence was first introduced in support of the mother's motion for contempt.

«[A] ppellant contends that the trial court erred in allowing expert testimony regarding Parental Alienation Syndrome, because the testimony did not meet the standards of Frye... Appellant failed to make this argument before the expert testified, therefore the point is waived for review.»

«In the third assignment of error, Mother maintains the trial court erred in finding a change of circumstances in July 17, 2007....

Benotto J.A., dissenting, agreed with the majority that the correct standard of review was applied, but did not agree that the Divisional Court erred in its application.

Representation of a leading global food delivery franchise in the Eighth Circuit in a case determining whether the district court erred by certifying a class of drivers claiming that a fixed charge customers paid for delivery was a gratuity under Minnesota law.

The SCC will review whether the appeal court erred in its assessment, given that the respondent was out on bail at the time and still being paid as a teacher under suspension.

The SCC will determine whether the appeal court erred in limiting the declaration.

An appellant is one who does plea; Begs the Court of Appeals to agree That the lower court erred.

A Roanoke City Circuit Court denies plaintiff estate's post-trial motion objecting to a jury verdict for defendant emergency room physician, rejecting the estate's contention that the trial court erred in granting defendant a jury instruction on contributory negligence in this...

That did not occur in this case, and the district court erred by entering a sua sponte mutual protection order against Kimberly ---- we further note that the court also entered the order without providing Kimberly with a hearing

He appealed, arguing the court erred in admitting a photograph of the dog.

The appeals court held that the lower court erred when it excluded evidence at the second trial of a prior summary judgment ruling that the driver lacked insurance and that the insurance company paid a sum of money to settle the third party's claim.

Because plaintiff pleaded sufficient facts to establish a plausible claim that plaintiff could pierce the corporate veil, the trial court erred when it granted Goei's motion to dismiss on the pleadings.

Based on this precedent, it is apparent that the trial court erred by submitting seven identical sexual abuse instructions to the jury.

On appeal, the Department argued that the district court erred by overruling the Department's final decision and by restricting the application of the adverse inference to situations where the Department provides an «adequate explanation» of why it has applied the inference.

He further asserts that the lower court erred in rejecting his proposed «defense of others» jury instruction, and in permitting the prosecution to present cumulative evidence as rebuttal testimony.

(Ga., filed August 31, 2017): Arguing the lower court erred by admitting CEO pay evidence because it creates extreme unfair prejudice and provokes a jury response based on passion and prejudice.

The Supreme Court erred in law by failing to employ the two - step standard of review analysis enumerated in Dunsmuir to accord appropriate deference to the Panel's finding of unprofessional conduct.

Husband further argued the family court erred in holding his whole retirement account was marital.

The appellate court did find the lower court erred by admitting the entire arbitral award at trial, but found the error was not prejudicial in nature.)

The circuit court erred in ordering a defendant to pay the total value of the victim's stolen items, when a television was the only item found in his possession as the basis for his conviction.

[UNPUBLISHED][Per Curiam - Before Bye, Smith and Benton, Circuit Judges]: District court erred in applying the presumption of reasonableness; this error is now plain, and the record shows a reasonable probability that defendant would have received a lesser sentence but for the error; case remanded for resentencing.

... the district court erred in dismissing a juror, based largely on its finding that the juror was purposefully disregarding the court's instructions on the law, where the record evidence raised the possibility that the juror's view on the merits of the case was motivated by doubts about the defendants» guilt, rather than by an intent to nullify the law.

Ninth Circuit holds that district court erred in dismissing GMSR's client's express defamation claim against ABC on anti-SLAPP grounds.

Court of Appeal granted petition for writ of mandate in favor of Robie & Matthai client, holding that the trial court erred in granting a «good faith» settlement motion under Code of Civil Procedure section 877.6.

In Hohider, the Third Circuit held that the district court erred by concluding that it could certify the class by deferring its analysis of whether the members of the class had proved that they are both disabled and otherwise qualified to perform the essential functions of the job in order to prove discrimination under the ADA until the second «remedial» stage of the two - stage framework described in International Brotherhood of Teamsters v. United States, 431 U.S. 324 (1977).

BASF appealed on three questions: whether the trial court erred in granting a directed verdict to the plaintiff on a statute of limitations defense, whether the plaintiff showed sufficient proof that diacetyl provided by BASF caused his injuries, and whether the court improperly instructed the jury about BASF's duty to warn of diacetyl's hazards.

ZTE argued that its contract with a call center in Plano, Texas was insufficient to establish that it had «a regular and established place of business» in that district and that the district court erred in placing the burden of the proof on it to show that venue was improper.

It therefore held that the trial court erred regarding the statute of limitations.

The Court of Appeal held that the lower court erred in law in finding that there was no consideration for the new employment agreement.

It also argues that the Divisional Court erred in drawing a comparison between reinstatement in human rights litigation and labour relations litigation.

Mother also argues on appeal that the family court erred when introducing corporal punishment as an issue.

The BCCA found that the lower court erred by making a finding of irreparable harm which was unsupported by the evidence, and by failing to assess the impact that the injunction could have on the defendants» constitutionally protected speech.

The trial court erred by refusing to allow expert witness testimony on the issue of false confessions.

According to court records in the case, the question was whether the trial court erred, even though the evidence tended to show the plaintiff, as a business invitee, knew about the dangerous condition on the floor.

In particular, the Court erred in determining that to establish discrimination, a disabled student, seeking accommodation in relation to public education, was required to demonstrate differential treatment of disabled students, within the special education categories of funding and programs established for special needs students.

In that case, the husband claimed that the court erred in classifying the family pet as marital property, because the dog had been purchased as a gift for the parties» son.

Because the family court awarded Wife retroactive alimony on its own initiative more than ten days after the final decree of divorce, we find the family court erred in awarding Wife retroactive alimony.

In this wrongful death suit against a school board for a bus accident that killed a four - year - old child, the trial court erred in in ordering that the separate awards to the child's two minor brothers be held by the clerk...

Wife filed a motion to reconsider, arguing the family court erred in finding Husband was not the titled owner of the subject properties.

[T] he family court erred in allowing Husband and Son to relitigate the issue of ownership of the subject properties at the contempt hearings.

CCD respectfully submitted that the Court erred in determining that to establish discrimination, a student with disability, seeking accommodation in public education, needed to demonstrate differential treatment of students with disabilities in special education.

In finding that the family court erred in modifying the equitable distribution award, rather than enforcing it against Son and the LCC, the Court of Appeals distinguished this case from Richardson v. Richardson, 309 S.C. 31, 419 S.E. 2d 806 (Ct..

CCD respectfully submits that the Court erred in employing a model of comparator group analysis that is ill suited to the adjudication of a disability accommodation complaint.

Wife raised two issues regarding child support, claiming the lower court erred in only awarding $ 1,000 per month in child support and in not requiring Husband to contribute to son's private school tuition.