Sentences with phrase «first appellate»

I was a second year attorney when I made my first appellate appearance.

This was not the first appellate decision involving the enforcement of an arbitration agreement in cases involving tort and contract.

After reviewing basic principles concerning s. 8 of the Charter [118] and the reasoning of the first appellate court (the Divisional Court), [119 - 131] the Court of Appeal concluded the summons power was a reasonable power, properly constrained, when used by an investigator appointed under s. 75 of the Code.

In the first appellate decision interpreting and applying Pennsylvania Rule of Civil Procedure 1006 (a. 1), Pennsylvania's tort reform measure involving venue, the Pennsylvania Superior Court affirmed the ruling of the trial court and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia County.

It is the first appellate decision in Canada following a joint trial conducted by a Canadian Court with a foreign Court.

This is the first appellate decision on Carter judicial authorizations.

Following the precedent set by the decision of the Supreme Court in Montgomery v. Lanarkshire Health Board [2015] UK SC 11, the case constitutes the first appellate decision where the Court of Appeal has emphatically ruled in favour of patient choice.

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.

If they would have just waited to purchase the company shares after they owned the home for a few days, I imagine the case would not have made it past the first appellate court.

The U.S. Court of Appeals for the Eighth Circuit upholds the constitutionality of the «off the top» funding method used to allocate Chapter 1 aid to pupils in church - affiliated schools; it is the first appellate court to rule on the question, on which federal district courts have been divided.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

Not exact matches

Both the trial and appellate courts first looked at the isolated moment of the shooting and concluded the force was reasonable.

Our 2011 Cabernet Sauvignon Reserve debuts for the first time ever as a To Kalon Vineyard appellated wine.

In a 1984 fight between Lake in the Hills and Crystal Lake over the property that is now the Lake in the Hills Airport, an appellate court judge ruled that the first valid eminent domain nullified subsequent condemnation efforts.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

In several cases, Bharara expanded the definition of misappropriated information so much that it appeared — at least according to the appellate courts — to criminalize information that the trader might not have known was stolen in the first place.

He has already made two appointments: Jenny Rivera, a Latina and law professor, (replacing Carmen Beauchamp Ciparick, his father's appointee and the first Hispanic judge on the court); and Sheila Abdus - Salaam, an associate justice in the appellate division, who is the first black woman to serve on the court, (she replaced the late Theodore Jones, an African - American appointee of former Gov. Eliot Spitzer).

The Supreme Court only has appellate jurisdiction over this case; the district court is the entity that has the authority to decide this on first instance.

The second murder conviction of a Cohoes man in Warren County, after the appellate court overturned the first conviction, unfolded against a changed landscape in Glens Falls, District Attorney Kate Hogan said.

According to the Court of Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and facts.

He's the former president of the New York State Bar Association, has served on numerous legal councils and committees, including the state First Department appellate screening committee, and is the current chief judge's Commercial Division Advisory Council.

«In the first court rulings after Waters, the faculty win - rate plummeted from 22.6 percent to 13.1 percent, and in appellate rulings, the rate dropped even more precipitously, from 14.5 percent to 3.3 percent,» LeRoy said.

The shift in policy was upheld by the Maine Supreme Court on First Amendment grounds in 1999 and subsequently confirmed by a federal appellate court, with the Supreme Court refusing to hear an appeal.

Nearly a month after an appellate court unexpectedly quashed the DOL fiduciary rule expansion, the Securities and Exchange Commission has announced a date and time for its first formal meeting on the topic.

The case was considered the first constitutional challenge to the Green Energy Act to reach the appellate court level.

98 commercial cases went before the court from September 2010 to January 2011, according to data collected from the New York state court's appellate division, first department.

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.

(And if you don't do appellate briefs in Microsoft Word very often, compiling your first TOA will come as a rude shock.)

Strengths Clients say: «Their appellate lawyers are first - rate, with one of the best reputations in the field.

First, readability scores for federal appellate court opinions and state supreme court opinions were similar.131 Second, readability scores from U.S. Supreme Court opinions were lower than opinions from the other courts.132 Third, briefs from U.S. Supreme Court cases had lower readability scores than briefs from the other courts.133 Finally, at the U.S. Supreme Court level, the opinion readability scores were significantly lower than the brief readability scores.134

But if you're crying over an appellate court's decision, just know you're neither the first nor the only one to experience the pain of losing a case on appeal.

The appellate court first recognized the standard of review.

The appellate court also upheld the testimony of the Conde Nast employee over wife's objection, as the employee had first hand knowledge of the terms and basis for the stock purchase agreement in her position at the company.

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.

David is Senior Research Scholar in Law and Floyd Abrams Clinical Lecturer in Law at Yale Law School, Co-Director of the Media Freedom and Information Access Clinic there, is also a Partner in the law firm Levine Sullivan Koch & Schulz, a national trial and appellate practice representing news and entertainment media in defamation, privacy, newsgathering, access, intellectual property and related First Amendment matters.

The attorneys in our construction law practice are skilled litigators with years of experience defending first party and third party construction law claims in both the state and federal trial and appellate court systems.

Thus, if an appellate court is presented with an issue that was raised for the first time on appeal, the party making the argument should be prepared to explain why the argument was not presented below.

Almost two years after that ruling, and two days after the (first) appellate opinion in that case, there can be no doubt that the FRAND part of the ruling did indeed (as I had accurately predicted) become the most influential part.

The appellate court first recognized the applicable standard of review, that the evidence would be viewed in a light favorable to the prevailing party, all reasonable inferences in its favor, citing Congdon v. Congdon, 20 Va..

In considering the equitable distribution award, the appellate court first pointed out the distinction between the considerations in equitable distribution and the considerations for spousal support, that spousal support requires a consideration of the equities between the parties and the standard of living established during the marriage while equitable distribution is concerned with the acquisition, growth and preservation of marital assets, citing Lightburn v. Lightburn, 22 Va..

Gambling: Members have considerable experience before the First - tier Tribunal (Gambling), and acting in judicial reviews before the High Court and appellate courts.

With respect to the judge, the first instance process and the appellate process are very different and it does not follow as night follows day that what is essential for one is also essential for the other.»

For example, a criminal defense attorney in need of CLE credits is more likely to forego a first - rate appellate writing course that may cost several hundred dollars but only yields a handful of credits in favor of cheap or low - cost classes that aren't as relevant.

In my first two years in small law, I was able to work 4 trials, argue too many motions, take to many depositions, participate in case evaluations and facilitations, and write at least two appellate briefs that I can recall of the top of my head.

When the Navy decided to create a new position to ensure continuity of appellate expertise in the division, I became the Department of the Navy's first civilian appellate resident expert a few short years later.

If you're going to become a judge advocate, I'd recommend you make it known early and often that you want to practice in your service's appellate division — but so you're worth the billet, I'd cut your trial teeth first, read widely in criminal law, and hone your writing skills.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

Nothing in the Constitution requires that assessment of fault in a civil case tried in a state court be made by a jury, nor is there any prohibition against such a finding being made in the first instance by an appellate, rather than a trial, court.

Nigel has over 20 years» experience as an advocate before the English Courts, both at first instance (particularly in the Commercial Court) and appellate level, and before domestic and international arbitration tribunals, both ad hoc and institutional, including ICC, LCIA, LMAA, UNCITRAL, and FOSFA / GAFTA.

First, the appellate court determined that legislative amendments to section 6147 — replacing prior language «plaintiff» with the current «client» verbiage — clearly demonstrated that 6147 applies to both litigation and transactional work by an attorney.