Sentences with phrase «for appellate»

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance

The court of appeal restated the test for appellate review of the best interests of the child.

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The premise underlying the Federal Circuit's narrowing of Chenery — that agencies ought to be subject to the same rules for appellate review as litigants on appeal from the decisions of district courts — is fatally flawed.

The Court cited a number of reasons, including that it is not appropriate for an appellate court, twice removed from the parties» initiating motion, to grant this relief; the appellants have not had the opportunity to make full submissions on this new issue; the «irregularity» that State Farm seeks to correct was intentional; the delay in seeking the alternate relief was significant; the pleadings would be deficient and unable to support an ongoing action by the Trustee without further amendments; and State Farm is a sophisticated party.

This link will take you to a CanLII search result for appellate decisions across Canada over the past year (Sept. 2014 — Sept. 2015).

And for an appellate court to supplant bad agency decision - making with a replacement of the court's own creation is a usurpation of Congress's power, and a derogation of the court's legitimate authority to hold agencies to account for their decisions.

One of this blog's most popular features is its «20 questions for the appellate judge» interview series.

She gave clear and cogent reasons in her ruling and the Court saw no ground for appellate intervention.

Nothing is more frustrating for an appellate judge than being confronted by counsel who do not know the record.

His name has been bandied about among candidates for the appellate court, which Obama, a constitutional lawyer, can shape as a pool for future Supreme Court nominees.

While it is common in appeals from ordinary district court litigation for appellate courts to substitute a proper legal rationale to affirm when the district court's grounds for its judgment are unsupportable, an agency appearing in court is no ordinary litigant.

A commission nominates three candidates for an appellate court vacancy, and the Governor must then select one of those candidates for the position.

calling more evidence than they need to, including marginally useful evidence, listening to more argument than they need to, disclosing more information than they need to, taking too long to rule and then ruling in the most protective way, out of undue concern for appellate review.

«In an Article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family can not reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by Article 8.

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In Housen, the Supreme Court of Canada expressly adopted the correctness standard for the appellate review for questions of law.

The most plausible explanation lies in the very limited scope that exists for appellate review in this area.

At the heart of this appeal are two potentially competing tensions: (1) the adversarial system, which relies on the parties to frame the issues on appeal, and reserves the role of neutral arbiter for the courts; and (2) the need for an appellate court to intervene in order to prevent an injustice.

Before Campbell, it was well established that a good character direction will be of some value in every case in which it should be given (see R v Fulcher [1995] 2 Cr App R 251 at 260) and therefore, although a failure to give the direction will not necessarily render a conviction unsafe, with each case to be reviewed in the light of its own facts (see Singh v The State [2005] UKPC 35, [2005] 4 All ER 781), it will rarely be possible for an appellate court to say that such a failure could not have affected the outcome of the trial (see R v Kamar (1999) The Times, 14 May).

The Federal Court dismissed the applications, but certified two related questions for appellate consideration.

DALLAS — Dallas attorney, ADR authority, and former Texas Supreme Court Justice Deborah Hankinson has been selected to D Magazine's listing of the Best Lawyers in Dallas for appellate law.

Others assign students roles so that they can conduct a hearing and then argue a motion to suppress; yet others involve arguing a motion to suppress from facts developed in a hearing transcript; still others involve short writing assignments; and others allow for appellate arguments.

Norman A. Thomas is dedicated to achieving beneficial outcomes for his appellate clients in both civil and criminal appellate matters throughout Virginia.

In such cases as this one, there are even two infringement rulings (regional court and higher regional court) prior to the Federal Patent Court's decision; in other cases, the Federal Patent Court's decision comes in just about in time for the appellate hearing.

Thus the authorities make it clear that it is not for an appellate court to re ‑ weigh the evidence or to interfere on the basis that the appellate court would give more weight than the trial judge did to one factor or another or, in the words of the Court in Hickey, that it would have «balanced the factors differently.»

All associates in the group have spent at least a year as law clerks for an appellate judge, with over half previously clerking for a U.S. Supreme Court Justice.

But Justice Richard Fybel, in an unpublished opinion for the appellate panel, noted that the waiver form contained all of the required advisements and that Brar, given his educational level, should have understood it completely.

The court saw no basis for appellate interference with them.

Judges may make better choices and there is a clearer basis for appellate judges to monitor lower court judges for mistakes or manipulation and for the legislature to make its wishes known about who should be making a decision.

Our attorneys have spent their careers earning credibility and are recognized for appellate excellence

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.

The difficulty of course is that case - by - case analysis raises the costs of decisions for the litigants, increases the risk of error and manipulation by lower court judges, makes it harder for appellate judges to monitor lower court decisions, and makes life less certain for litigants and legislators.

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

For those worried about the preservation of the trial record, the risks of electronic tampering, and the mechanics of having a reasonable transparent process for appellate, public, and litigation review, there are cautionary concerns.

Figures for appellate courts were updated by AJS staff in October 2009.

Supreme Court; Agency and constructive trust in acquisition of property; proper approach for appellate court to take to findings of court of first instance.

Moreover, its case law discourages the transparency needed for appellate review and public scrutiny.

The Appellate Practice Section's legislative and policy agenda this year continues to support the need for maintaining an independent judiciary with funding for appellate judges and support personnel consistent with the Supreme Court of Florida's budget requests.

As I have noted before, the fact that Gall seemed to loosen the stardards for appellate review of variances will not always benefit defendants.

«Prevailing party» determinations under Santisas v. Goodin, 17 Cal.4 th 599, 617 (1998)[one of our Leading Cases] are especially subject to de novo review given that the facts frequently are undisputed and only legal issues are presented for appellate review.

For an appellate lawyer, perhaps the sweetest words one can read from a panel (depending on what side one is on) are found at para. 46 of the decision: (more...)

For appellate practitioners and litigators contemplating an appeal, you by now should know that most factual findings — even those than can be implied — usually will uphold a judgment or trial court determination.

Inadequate reasons therefore pose a particular challenge for appellate review.

Two bills to convert races for both appellate courts (HB 2661 of 2011) or just the Supreme Court (HB 1051 of 2015) were never heard in committee.

These appellate matters derive from the firm's existing cases and from matters referred to the firm specifically for appellate purposes.

Yesterday, the Howard County man paid a heavy price for his appellate victory.

The Court's decision in Barton will potentially expand the frequency of interventions in criminal matters — a positive opportunity for appellate counsel and interest groups alike to explore alternatives to the traditional binary process.

He is also an expert in technology for appellate lawyers and courts.