Sentences with phrase «in unpublished opinions»

The court had consistently reached this result in unpublished opinions, and it used Goode to memorialize the rule in a precedential opinion.

Alexandria, Va. (July 7, 2015)- In an unpublished opinion on July 6, the Court of Appeals for the Ninth Circuit, ruled in favor of Meridian Joint School District, Idaho, finding that the school district had appropriately determined that a student was not eligible for special education services.

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In an unpublished opinion by the California Court of Appeals last week, the court held that the alibi offered by a criminal defendant — that he was playing poker on MySpace at the time of the crime — was neither «implausible or bizarre,» as argued by prosecutors.

While this is not a novel legal principle, the Appellate Division, in its unpublished opinion, Wallace Bros, Inc. v. East Brunswick Board of Education, Docket No.

In an unpublished opinion of this length and depth, rest assured that this case was important to the panel of judges assigned to hear and decide it; and I can reasonably assure you that they will not forget this case in the future, even though you may not be able to cite it in the present.

But Justice Richard Fybel, in an unpublished opinion for the appellate panel, noted that the waiver form contained all of the required advisements and that Brar, given his educational level, should have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

In an unpublished opinion, the Virginia Court of Appeals affirmed a Circuit Court judge's award of fifty percent (50 %) of a husband's net military retirement pay and spousal support where the wife was living on credit cards, social security, and food stamps.

In an unpublished opinion, the Virginia Court of Appeals upheld the Circuit Court's denial of a reduction in the case of Lane v. Lane, Record No. 0951-09-4 (September 15, 2009).

In an unpublished opinion, the Superior Court affirmed a Fulton County decision denying alimony pendente lite (APL) to an unemployed husband who was accused of delaying the divorce.

Plaintiff appealed and, in an unpublished opinion (Docket No. 1E33202, June 14, 1996) the Court vacated the trial court's order, finding that the separation agreement was a separate contract to which those remedies applied and that the claim of fraud related to the contract and not the divorce judgment.

The United States Court of Appeals for the Second Circuit affirmed the rulings of the trial court in an unpublished opinion.

Not exact matches

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On Advicesbooks, new and established authors can also get professional services of book reviews or book promotion, translations into the Italian language, editing services for books in Italian and opinions about translated or unpublished books.

In a recent interview, as yet unpublished, I was asked: I've seen some instances where you have been called a «denier» when it comes to climate change, I am just curious as to your opinion on that?

Moreover, if you are submitting, say, an unpublished opinion with a declaration or in an appendix, in what format do you submit it so that the court can check its accuracy, too?

One way to do this in federal court is to cite only unpublished opinions, which «are not binding precedent.»

7 May 27, 2014)(unpublished) drew a majority and two concurring opinions in a case where a breach of contract jury verdict of $ 14.625 million and postjudgment fee award of $ 1,512,999 went POOF!

Apparently, unpublished opinions represent 80 percent of cases decided in the federal appeals courts.

Tags: Marital Litigation in South Carolina, Marriage, Monogamy, Morality, New York Times, Popular Culture, Sex, Unpublished Opinions

In fact, the unpublished opinion drew very well reasoned majority and dissenting opinions in a context dealing with how much does an employer have to actively prosecute a matter — during the litigation process or to judgment — in order to decide whether a dispute falls within Labor Code section 3856 (b) or section 3856 (cIn fact, the unpublished opinion drew very well reasoned majority and dissenting opinions in a context dealing with how much does an employer have to actively prosecute a matter — during the litigation process or to judgment — in order to decide whether a dispute falls within Labor Code section 3856 (b) or section 3856 (cin a context dealing with how much does an employer have to actively prosecute a matter — during the litigation process or to judgment — in order to decide whether a dispute falls within Labor Code section 3856 (b) or section 3856 (cin order to decide whether a dispute falls within Labor Code section 3856 (b) or section 3856 (c).

In the unpublished part of the opinion, the Court addresses the landlord's request for $ 73,352.50 in appellate sanctions, bearing in mind that, at the trial court level, the landlord sought and obtained an award of $ 3,392.50 for the expense of opposing the tenant's anti-SLAPP motioIn the unpublished part of the opinion, the Court addresses the landlord's request for $ 73,352.50 in appellate sanctions, bearing in mind that, at the trial court level, the landlord sought and obtained an award of $ 3,392.50 for the expense of opposing the tenant's anti-SLAPP motioin appellate sanctions, bearing in mind that, at the trial court level, the landlord sought and obtained an award of $ 3,392.50 for the expense of opposing the tenant's anti-SLAPP motioin mind that, at the trial court level, the landlord sought and obtained an award of $ 3,392.50 for the expense of opposing the tenant's anti-SLAPP motion.

And most people actively use unpublished opinions and there's a lot of courts say you can't cite a case that's not been published in a book, but that's evaporating day by day.

The Michigan Court of Appeals recently issued an unpublished opinion in Home Owners Insurance Company v AllState Insurance Company that addresses who pays in a visitor pedestrian accident.

«The justices» vote represents a major milestone in the long - running debate over unpublished opinions, the sometimes - cursory dispositions that resolve upward of 80 percent of cases in federal appeals courts nationwide.»

Tags: South Carolina Court of Appeals, Standing, T. Ryan Phillips, Unpublished Opinions, Visitation Posted in Jurisdiction, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation No Comments»

Tags: Business Valuation, Equitable Distribution / Property Division, Personal Goodwill, South Carolina Court of Appeals, Unpublished Opinions Posted in Equitable Distribution / Property Division, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions No Comments»

A recent unpublished opinion Court of Appeals opinion, Herring - Wilson v. Wilson, highlights a common fallacy in valuing small personal services businesses for purposes of equitable distribution: treating personal goodwill as marital property.

This list is by no means comprehensive: I typically focus only on published opinions in my blog coverage and there may be many notable reasonableness outcomes among unpublished opinions.

Tags: South Carolina Court of Appeals, Termination of Parental Rights, Unpublished Opinions Posted in Department of Social Services / Child Abuse and Neglect, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions 1 Comment»

Tags: Adultery, Alimony / Spousal Support, Attorney - Client Relations, Attorneys / Lawyers, Condonation, Divorce, Litigation Strategy, Marital Litigation in South Carolina, Popular Culture, Unpublished Opinions

Tags: Adultery, Alimony / Spousal Support, Attorney - Client Relations, Attorneys / Lawyers, Condonation, Divorce, Litigation Strategy, Marital Litigation in South Carolina, Popular Culture, Unpublished Opinions Posted in Alimony / Spousal Support, Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific 3 Comments»

The court imposed the penalty and explained the reason for it in a footnote to a 2008 unpublished opinion, Espitia v. Fouche.

Although it is commonly believed that the no - citation rule in Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&raquin Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.&raquIn this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.»

Gilbert v. Master Washer & Stamping Co. (2001) 87 Cal.App.4 th 212, 218, n. 14 (taking judicial notice of an unpublished opinion of the California Court of Appeal to aid in the analysis of a subsequent appeal therefrom).

4th 212, 218, n. 14 (taking judicial notice of an unpublished opinion of the California Court of Appeal to aid in the analysis of a subsequent appeal therefrom).

In 2011, one Hastings College of Law student dedicated their law review article to unpublished opinions.

Further to my previous posts about Independent Medical Exams in BC Supreme Court Injury Claims unpublished reasons for judgement recently came to my attention (Hou v. Kirmani BCSC Vancouver Registry, 20091119) dealing with the ability for a Defendant to have an injured party undergo multiple exams where the first defence expert feels an opinion from a second expert would be of benefit.

The author of this article requested that the California Court of Appeal, Fourth District, Division Two (Riverside) take judicial notice of an unpublished opinion cited solely for any pursuasive value the case may have in a pending appeal.

In this conflict, the judicial notice statute should take precedence, and courts should allow unpublished opinions to be cited as persuasive authority.

Reference to unpublished opinions will aid in the development of the law.

An unpublished July 22, 2015 Court of Appeals opinion in Huggins v. Pritchett presents a rare custody reversal.

This decision has now forced the hand of the Fourth Circuit to vacate and remand in an unpublished per curiam opinion the Washington Redskins» appeal of the district court decision to uphold the PTO's cancellation of its six trademark registrations as disparaging to Native Americans.

An unpublished Court of Appeals opinion from November 15, 2011, Fekete v. Fekete, provides some rationale to support the family court's decision not to use Schedule C guidelines in setting child support:

Tags: Child Support, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions Posted in Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific No Comments»

Tags: Appellate Practice, Jurisprudence, South Carolina Court of Appeals, South Carolina Supreme Court, Unpublished Opinions Posted in Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific 1 Comment»

Tags: Alimony / Spousal Support, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions Posted in Alimony / Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific No Comments»

South Carolina Appellate Court Rule 268 (d)(2) states, «Memorandum opinions and unpublished orders have no precedential value and should not be cited except in proceedings in which they are directly involved.»