Sentences with phrase «first appellate decision»

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

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.

Not exact matches

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.

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.

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.

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.

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.

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.

denied, 117 S. Ct. 770 (1997), the first major appellate decision in the country on the issue of admissibility of evidence of repressed and recovered memories.

A recent Utah Supreme Court decision sets forth a good example of how not to use out - of - state authority when writing an appellate brief on a question of first impression.

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decisions in the united states and several european countries lexis is a computer lexis is a computer assisted legal research service that provides access to databases covering primary and secondary legal and lexis is a massive collection of legal databases which includes over 650 full text legal journals lexis is a massive collection of legal and news databases owned by reed elsevier lexis is a collection of full lexis is beschikbaar op de publieks lexis is available at the public pc in front of the information desk on the 1st floor lexis is made up of a number of different databases lexis is available via the university dial lexis is te vergelijken met een zelfstandige juridische bibliotheek op het gebied van amerikaans recht lexis is a comprehensive online information service containing the full text of legislation and case lexis is the most comprehensive site for online legal research lexis is blind and will need special care lexis is not a common term but is primarily associated with the services offered by complainant lexis is a paper exchange programme that our department participates in with several english departments in ontario and quebec lexis is and particularly how it is different from «vocabulary lexis is the basis of language lexis is probably less well known lexis is now advertising lexisone on law lexis is continued until graduation lexis is determined to carry on with similar community projects for future lexis is used extensively to provide legal information lexis is closed or lexis is a french lexis is only permitted lexis is less sophisticated than westlaw lexis is concerned lexis is designed to keep out of the way of the candidate as much as possible lexis is open to all areas of literary study lexis is available from most of the other subject categories as well lexis is remarkably homogenous in nature lexis is similar to westlaw in coverage lexis is licensed by west group to use its star pagination system lexis is an exciting new twist on the «falling blocks» classic concept familiar to most gamers lexis is free and unlimited lexis is restricted to educational use only lexis is great for ferreting out story ideas and background research lexis is owned by darlene zapp & willis alford of fairbury lexis is a large collection of computerised legal information lexis is a full text database covering a wide range of legal information sources including case law lexis is a good starting point lexis is a legal information retrieval system lexis is giving away 100 lexis is introduced by a full colour illustration which means the learner will remember the word much more easily lexis is a legal information system lexis is prepared to offer the same kind of limited password as westlaw for first lexis is available to people with lexis passwords lexis is known as star pagination lexis is an amazing twist on the classic «falling blocks» game concept lexis is easier via the web than via its graphical software lexis is a literal search engine 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In the first such appellate decision nationwide, the Second Department of the New York Supreme Court, Appellate Division held that a person's lack of lawful immigration status is «immaterial» to his or her eligibility to serve as a child's guardian.

After all, most of what law students read are appellate decisions, divorced from the human reality that spawned the dispute in the first place.

Within each state, that state's supreme court decisions appear first, decisions of intermediate appellate courts next, and decisions of trial courts appear last.

During this same project, Spesia's efforts in the appellate court led to a landmark decision that allowed the pipeline company to access all contested tracts and begin construction of its pipeline before the question of just compensation was completely resolved — the first time in the history of Illinois that this has ever been done.

In the first New York appellate decision to rule on the issue, the Appellate Division, Second Department held in its February 28, 2018 opinion in Spencer v. Spencer, that violations of matrimonial action «Automatic Orders» can be grounds for a finding of civil contempt, but an application for that relief must be made before the entry of the judgment of divorce.

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.

As the first published California appellate court decision to apply Tobacco II, the Opinion in Morgan, et al. v. AT&T Wireless Services, Inc. (September 23, 2009)(covered on this blog here) is receiving quite a bit of attention.

In the first such appellate decision nationwide, the Second Department of the New York Supreme Court, Appellate Division held that a person's lack of...

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claim.

3 It quoted a 1988 decision of the First District reprimanding a lawyer who sought to «amend» the record to include matters not before the trial court, and declaring in this regard that the fact «an appellate court may not consider matters outside the record is so elemental there is no excuse for an attorney to attempt to bring such matters before the court.»

First, its meager support in Texas precedent was blown away when the Texas Supreme Court unanimously reversed the «appellate court» decision that Murthy had followed and just an unanimously adopted the learned intermediary rule:

Although that statute has been in place since 1872, Kimes is the first published appellate decision to so much as mention it.

To make the correct evaluation first instance decision - makers and appellate tribunals must remember that the Directive's purpose is to simplify and strengthen the right of free movement and residence for all EU citizens.

• Boliden Ltd. v. Liberty Mutual Insurance Co.: In the first Canadian appellate court decision to interpret how a pollution exclusion in a D&O policy applied to a securities claim, the outcome surprised many and resulted in many insurers and policyholders re-examining their contractual wording.

The Oklahoma judiciary is not the first to declare electronic versions of its appellate decisions «official.»