Sentences with phrase «earlier appeal in the case»

Cockram v Air Products [2014] I.C.R. 1065, [2014] I.R.L.R. 672 (EAT) An earlier appeal in the case above.

Not exact matches

The Air Force Court of Appeals in May 2017 also reversed a conviction in the sexual assault case U.S. v. Boyce after finding that public statements by Sens. Claire McCaskill and Kirsten Gillibrand regarding the «Marines United» scandal earlier this year created «the appearance of unlawful command influence» in the case, as retired Col. Don Christensen, a former Air Force chief prosecutor and current president of the advocacy group Protect Our Defenders, told Task & Purpose at the time.

Earlier this week, the U.S. Department of Justice filed a legal brief in an appeals court case, arguing against workplace discrimination protection for employees who are gay.

A judge ruled in the city's favor in the case earlier this month, but Malliotakis has said she plans to appeal the ruling.

The U.S. Supreme Court dismissed an appeal in one of the cases challenging President Trump's efforts to limit travel to the United States, calling an earlier version of the ban moot because it has expired.

The BHA has made its comments in light of a new legal case launched by Tony Nicklinson which seeks clarity in the law on murder and assisted dying, and ahead of an appeal later today in the case of Frances Inglis, who was given a life sentence earlier this year after being found guilty of murder after giving her permanently brain - damaged son a lethal heroin overdose.

The Bush administration has reversed an earlier stance taken by the federal government on a legal appeal dealing with the burden of proof in special education cases, choosing to support the position taken by a Maryland school district in a case pending before the U.S. Supreme Court.

(A 2014 ruling in that case sided with the students but was overturned by an appellate court earlier this year; the plaintiffs are now appealing to the California Supreme Court.)

Seven years earlier, the ninth Circuit Court of Appeals similarly ruled, in the Mendez vs. Westminster case, that Mexican American children could not be denied a quality education because they were Mexican American.

This culminated in a judgement against DM in early 2011, which they promptly appealed (sent to the European Court of Justice as a test case).

Earlier this month, on October 11, the North Carolina Supreme Court denied the Woodleys» final attempt to appeal the case, giving clear affirmation of the right of animal protection organizations to utilize this statute to rescue animal victims in cases of extreme abuse.

First Mojang's victory in the «Scrolls» case, and now it has been revealed that the United Court of Appeals denied the right to appeal an earlier decision that dismissed an injunction against Interplay and their Fallout MMO.

Similar cases are set to go to trial in California (as early as Oct. 22) and Rhode Island, and the auto makers are likely to appeal the decision.

Earlier this month the Court of Appeals of Indiana ruled (via Deliberations) in an interesting case that involved a jury deciding that a plaintiff should be awarded $ 336,300 in damages, but failing to adequately communicate that to the court because of confusion about how the verdict form worked.

What the panel had to say: «Du Vernet led the case to appeal despite an earlier loss in the Superior Court.

The Ontario Court of Appeal decision in December overturned a ruling six months earlier by Ontario Superior Court Justice David Brown, who had granted Chevron a stay in the proceedings on the basis that the case had little hope of success and that Chevron Canada's assets were not directly owned by Chevron Corp..

The Court of Appeal recognized that the issue was not decided by an earlier case — Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31 — a case where a regulatory body refused to accredit TWU on the basis that the covenant might affect the ability of TWU graduates to teach in public schools in a non-discriminatory matter.

The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Circuit.

While our firm attempts to negotiate and settle cases as early on as possible, our skilled litigators represent clients in mediation and arbitration proceedings and vigorously defend against medical malpractice claims at all stages of the litigation process, including appeals.

Trial counsel may also retain us early in the litigation process, to help position the case for ultimate success on appeal.

In upholding an earlier decision, the Court of Appeal said that forcing the courts to impose at least a 12 - month jail term could, in some cases, be out of line with the various acts captured by the laIn upholding an earlier decision, the Court of Appeal said that forcing the courts to impose at least a 12 - month jail term could, in some cases, be out of line with the various acts captured by the lain some cases, be out of line with the various acts captured by the law.

Quoting an earlier case, the Employment Appeal Tribunal said that it was the Tribunal's right and obligation «to decide what the context is... it may be a mistake to focus upon a remark in isolation.

There is the case of John Fries, an early tax rebellion case in 1800, who was pardoned by the president thus rendering the need for legal appeal moot, but this involved armed insurrection and is thus not analogous.

This is the second time that the ECJ was confronted with the issue of trade in seals, after having dismissed an earlier appeal to the order of the General Court in an action for annulment of Regulation No 1007/2009 on the basis of lack of admissibility (Case T - 18 / 10, Inuit Tapiriit Kanatami I, EU: T: 2011:419).

Like the earlier amendments to the Criminal Code, the POA abolished appeals by way of trial de novo except in cases where the appeal court is of the opinion that a trial de novo will better serve the interests of justice.

Earlier this month, a federal court of appeals issued a written opinion in a workplace injury case involving claims made by an employee that the allegedly negligent party intentionally destroyed or lost evidence necessary to his case.

We often represent clients as early as the audit stage, continue our work through administrative appeals levels, and we ultimately litigate cases in state trial and appellate courts where appropriate.

Although the Court of Appeal held that the trial had been stayed too early, they acknowledged that they could not rule out case being stayed in the future due to the lack of high quality legal representation.

Earlier last month, the Connecticut Court of Appeals issued a written opinion in a Connecticut car accident case requiring the court to disc...

Earlier last month, the Connecticut Court of Appeals issued a written opinion in a Connecticut car accident case requiring the court to discuss the distinction between a judge's decision whether to admit certain evidence and the weight that evidence is afforded by the fact - finder once admitted.

A # 3 million appeal concerning the proper approach to quantum in a concurrent liability case against a professional and the Judge's duty to give a reasoned judgment (drawing on Ed's earlier experience in English v. Emery Reimbold).

The decision of the Court of Appeal in this case is very much in line with its earlier recent decision in Richards v London Borough of Bromley [2012] EWCA Civ 1476; [2012] All ER (D) 184 (Nov).

In a decision released earlier this month a strong panel of the Ontario Court of Appeal took a look at one aspect of the issue of what constitutes a «record,» in this case for the purposes of applying the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 5In a decision released earlier this month a strong panel of the Ontario Court of Appeal took a look at one aspect of the issue of what constitutes a «record,» in this case for the purposes of applying the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 5in this case for the purposes of applying the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56.

I think it would, in fact, be quite interesting to know how much attention the Federal Court of Appeal pays to earlier decisions of the provincial court of appeal of a province from which it is hearing theAppeal pays to earlier decisions of the provincial court of appeal of a province from which it is hearing theappeal of a province from which it is hearing the case.

The Federal Court of Appeal on June 27, 2014 has given its judgments in Catherine Leuthold's two uphill appeals in a case about which I have written earlier at length.

In that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax - protest caseIn that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax - protest casein tax - protest cases.

The appeals court affirmed the district court, distinguishing prior cases awarding design patent damages for components by noting that the components in earlier cases were sold separately and considered separate products.

The Court of Appeal was mindful of the exhortations in earlier Ablyazov cases that the Court should do all it could to ensure obedience to its orders.

Earlier this month, the District Court of Appeal for Florida's Fourth Circuit issued an interesting written opinion in a medical malpractice case requiring the court to determine if a medical release waiver signed by the plaintiff should prevent the plaintiff's medical malpractice case from proceeding to trial.

Earlier, among other matters, he obtained a full defense jury verdict as lead trial counsel in a case on behalf of the New York City Law Department; served as lead counsel in an appeal where the court vacated a first degree robbery conviction of a client on the basis of ineffective assistance of counsel (People v. Cyrus, 48 A.D. 3d 150 (1st Dept. 2007)-RRB-; and was co-lead counsel on the submission of an amicus brief on First Amendment issues with the United States Supreme Court.

Abbott, Austin, 1831 - 1896 Title Abbott's New York digest: table of cases criticised, presenting decisions of the courts of the state of New York, which have been affirmed, reversed or modified in error or on appeal, or examined and explained, limited, questioned, overruled, or approved and followed in later decisions of American or English courts, or by commentators and text writers: from the earliest period to January 1, 1887 / ed.

Earlier this month, the Eighth Circuit Court of Appeals decided a case in favor of a woman whose husband was killed when a gun in his friend's possession accidentally discharged.

This case follows two earlier conflicting decisions of the High Court and Competition Appeals Tribunal in respect of the same subject - matter: Asda Stores Ltd v. Mastercard -LSB-...]

Dismissing the appeal, the Supreme Court distinguished the earlier decision in Harding v. Wealands on the basis that that case turned on the NSW tort damages rules constituting a package of rules -LSB-...]

In an earlier decision, Sechelt Indian Band v British Columbia (Manufactured Home Park Tenancy Act, Dispute Resolution Officer), 2013 BCCA 262 (CanLII), leave to appeal dismissed, 2014 CanLII 62242 (SCC), the Court of Appeal had found that the legislation did not apply by virtue of the IJI doctrine (see a post on that case appeal dismissed, 2014 CanLII 62242 (SCC), the Court of Appeal had found that the legislation did not apply by virtue of the IJI doctrine (see a post on that case Appeal had found that the legislation did not apply by virtue of the IJI doctrine (see a post on that case here).

Earlier this month, one state's supreme court heard an appeal in a personal injury case in which the jury found that the defendant was liable for causing the accident but awarded the plaintiff zero dollars as compensation.

Although the overall policy behind the BIA would not endorse the wife leaving the marriage with nothing, it was up to federal Parliament to amend the BIA to avoid this kind of outcome in some provinces, a point that was also made years earlier in an Ontario Court of Appeal case called Shea v. Fraser.

Earlier this month, the Federal Court of Appeals for the Seventh Circuit issued a written opinion affirming an $ 11 million jury verdict in a product liability case brought by a man who was injured while using a ladder manufactured by the defendant.

The report summarizes much of what has already been stated above and the findings of the Commission are surprisingly consistent with those made 50 years earlier by the Clement Report in Alberta, including a recommendation that there should generally be no requirement for a prospective appellant to obtain leave from the court to exercise a right of appeal except in cases where there is a genuine concern for frivolous appeals.

Matthew Flinn posted here recently on an earlier decision in this case, PJS (22 January 2016), in which the Court of Appeal granted an interim injunction banning revelation of PJS's extra-marital ventures.