However, legal experts point to
an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.
Not exact matches
Cuomo's preferred slate to run the Women's Equality Party got a boost from an
appellate court decision, but a ruling on a similar case is due
early next week in Rochester.
While it did not deem scholarship tax credits generally unconstitutional, the
decision, if not overturned on appeal, will prevent religious organizations from participating in similar initiatives nationwide — including a parallel program for corporate donations upheld by an Arizona
appellate court just weeks
earlier.
I expect we will see a burst of inconsistent lower
court judgments
early in the new year followed by some significant
appellate decisions in the spring.
Earlier this month in New York, an
appellate court handed down a
decision broadening the liability of treating physicians when they administer medication to a plaintiff in the hospital.
Here, client at first suffered a default judgment of $ 86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the
appellate court in an
earlier decision.
Following
earlier decisions, the
court effectively held that the PTAB's
decision whether to institute review is immune from
appellate review.
Earlier this month, a Florida
appellate court handed down a
decision in an interesting nursing home negligence case, requiring the
court to determine the validity of an arbitration contract signed by a deceased resident's daughter.
The first
appellate level
decision to interpret the threshold for a plaintiff to meet to be granted leave in a secondary market class action since the Supreme
Court decision in Green was issued by the Ontario
Court of Appeal
earlier this year.
The
court's
decision in Acuity does not, at first instance, appear to be consistent with
earlier decisions of the
appellate courts in Ontario or British Columbia.
Earlier last month, an
appellate court in California issued a written opinion in a medical malpractice case upholding a lower
court's
decision to grant the plaintiff a new trial after newly discovered evidence showed that the defendant may be liable for her loved one's death.
The
appellate court found that
earlier court decisions on whether the Code's protections for employees applied to independent contractors were divided.
The
appellate court recently issued a
decision in a case we examined in an
earlier Pulse.
Federal
appellate court reverses its
earlier decision and determines that arbitrator's failure to disclose his minimal contact with prevailing party's attorney did not require vacating an arbitration award.