Sentences with phrase «for affirmance»

JUSTICE STEVENS apparently believes that this issue is properly before the Court because «the party defending the judgment has explicitly rested on the issue in question as a controlling basis for affirmance.»

[Footnote 7] The state ground for affirmance, i.e., the failure to take certiorari from the action refusing a license, depends upon the constitutionality of the ordinance.

2005)(obtained the imposition of sanctions against counsel for the assertion of RICO and litigation fraud claims against physicians arising out of previously dismissed medical malpractice claims and argued successfully for the affirmance of the District Court's dismissal of the federal claims).

Not exact matches

«We are gratified by the affirmance and are pleased that the necessary inquiry into matters the district attorney believed needed careful and conflict - free investigation can now go forward,» a spokesman for Donovan said.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Julie Green and Howard Cooper obtained a complete affirmance from the U.S. Court of Appeals for the Third Circuit of a 2008 trial court victory in a case brought on behalf of Judge Leon A. Kendall of the Superior Court of the Virgin Islands against the judicial conduct commission of the Virgin Islands, called the Commission on Judicial Disabilities.

Participated in obtaining a summary judgment for a hospital affiliated with a national health system in a physician's multimillion dollar federal court discrimination lawsuit, and obtaining an affirmance on appeal before the Eleventh Circuit Court of Appeals

Today's affirmance ruling is yet another success for Microsoft's counsel in the Munich cases against Motorola, a team of Bardehle Pagenberg lawyers led by litigator Dr. Tilman Mueller - Stoy and patent attorney Peter Hess.

His notable victories in these matters have included affirmance of a lower court's dismissal of a complaint that alleged that the installation of lechis on public utility poles violated the Establishment Clause of the U.S. Constitution (Jewish People for the Betterment of Westhampton Beach, et al. v.

aul, Weiss secured an affirmance of the dismissal of a New York state court action for breach of fiduciary duty against Silverpeak Real Estate Partners LP, which had been filed by investors who purchased Lehman real estate assets...

2001): Implemented a strategy to place plaintiff in a catch - 22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

Paul, Weiss secured an affirmance of the dismissal of a New York state court action for breach of fiduciary duty against Silverpeak Real Estate Partners LP, which had been filed by investors who purchased Lehman real estate assets...

2002): As counsel for investment company owning plaintiff, worked closely with co-counsel to obtain verdict against infringer; authored appeal brief to obtain affirmance by CAFC with additional price erosion damages awarded.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

suits; that these purchases were made in pursuance of the conspiracy, secretly and fraudulently, for the purpose of preventing the Toledo Company and the District Court of Northern Illinois and the Circuit Court of Appeals of the Seventh Circuit from learning of the Phinney commercial practice; that the Toledo Company made diligent effort and investigation to find the Phinney commercial practice, and also evidence of the Computing Company's fraudulent suppression of evidence thereof; that, while Toledo Company had had knowledge of the Phinney commercial practice since 1913, it had no knowledge of Computing Company's fraudulent suppression thereof until December 20, 1921, which was after the affirmance of the accounting decree.

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

One (unnamed) commentor assails me for a a lack of «objectivity» because I critique this affirmance of an above - guideline sentence but often praise affirmances of below - guidelines sentences.

The default position is to affirm, and it is easy for an ineffective presentation to mask decent appeal points so that a case gets tossed into the «probable affirmance» pile early on.