Sentences with phrase «jury trials under»

He has numerous jury trials under his belt.

However, if negotiations fail, we have over 60 years combined experience as trial lawyers, and more than two hundred jury trials under our belt.

Posted in Editorials Comments Off on Wisconsin Supreme Court: No Right to Jury Trial under Wisconsin's Family or Medical Leave Act

This was the first jury trial under the False Claims Act in ten years since the Act was amended to make it easier for the government to prevail.

They claimed that the maximum penalty under Alberta securities laws of five years less a day in prison, or a $ 5 million fine, or both, triggers the right to a jury trial under section 11 (f) of the Canadian Charter of Rights and Freedoms.

The statute setting a $ 250,000 limit on punitive damages awards violated the right to jury trial under the State Constitution.

Insurance Department had authority under 40 P. S. § 2000 to adopt this regulation which requires inclusion of an arbitration clause in Uninsured Motorist Coverage; the arbitration requirement did not violate the rights to jury trial under the United States or Pennsylvania Constitutions.

Not exact matches

According to background information from LifeNews, Gosnell could face the death penalty, which prosecutors are pursuing when a second jury is impaneled «to determine sentencing under the penalty phase of the trial.»

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard.»

A federal appeals court on Monday upheld the bribery conviction of former Brooklyn Assemblyman William Boyland Jr. — despite acknowledging that some of the jury instructions at his trial were technically wrong under the new rules.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement reads, in part.

The appellate judges in Silver's case found that, under the Supreme Court's ruling, the instructions given to the jury at Silver's trial were improper and prejudicial.

ALBANY — A federal appeals court ruled Monday that former Brooklyn Assemblyman William Boyland Jr.'s corruption conviction should stand even though the jury instructions at his trial may have been improper under a 2016 Supreme Court decision.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement said.

In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases.

For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.

A criminal jury trial is practically unheard of for offences under the Competition Act, because the accused normally plead out so the process is faster, especially in cases like this one, where there is no real case law available under the act, Khoury notes.

[1] THE COURT: The defendants in this medical malpractice trial have brought an application asking that I discharge the jury and, under R. 12 - 6 (12), continue the trial by judge alone.

Upon his return north, he joined the New York office of Davis Polk & Wardwell as a lateral, during which he successfully prosecuted and first chaired a federal jury trial involving claims of excessive force under Section 1983 (Ruffin v. Fuller).

Federal criminal lawyers practice in a court where the jury trial «right» under the U.S. Constitution no longer truly exists as a right freely available.

This technical distinction makes a difference at trial because the jury is not told there is insurance behind the case under Maryland's collateral source rule.

Whether the Bush administration had the authority to lock up individuals under claims of wartime power, without benefit of traditional protections such as a jury trial, the right to cross-examine one's accusers and the right to appeal.

Trial by jury, he asserted in the one place in our justice system that gives meaning to the words, «equal justice under the law, fair and impartial.»

We use special preparation techniques, including mock juries and mock trials, when working on your spinal lawsuit to ensure that your claim is as strong as possible under the particular circumstances which govern your situation.

Nelson reminds me of State v. Lessley, the case from a few years ago which addressed whether the state has the power under the Minnesota constitution to veto a defendant's decision to waive a jury trial.

At the end of the tort trial, the jury also awarded the Plaintiff damages under these categories, but lumped them all together so that it was impossible to determine, on an «apples to apples» basis, how much should be deducted from each category.

Smith has asked a federal district court in Nashville to certify the trial - by - jury question under the state constitution to the Tennessee Supreme Court, which will decide that constitutional law question while the rest of the case remains in federal court.

In the trial judgement released on November 12, 2012, Trkulja v Google Inc LLC & Anor (No 5)[2012] VSC 533, a jury considered whether the material was defamatory under Section 22 (3) of Australia's Defamation Act.

Exercising one's right to trial by jury virtually guarantees that if one is convicted, one will suffer substantially more punishment than what one would suffer under a plea bargain.

Under Alabama law, a jury's decision on the execution of a defendant is an «advisory verdict,» and the trial judge may override the jury's conclusion.

The youth submitted that the trial judge erred (1) in leaving liability as a party (Criminal Code, s. 21 (1)-RRB- with the jury; (2) in admitting hearsay evidence under the co - conspirator's exception...

For example, in Texas, I've noticed that a lot of agreements prohibit the tenant from withholding rent, whereas in California, tenants have the right to withhold rent and «repair and deduct» (for people in San Francisco who don't necessarily care about their credit, it might be cheaper to pay a retainer than continue paying rent, and under certain circumstances, they practically can not be evicted through a jury trial).

The youth submitted that the trial judge erred (1) in leaving liability as a party (Criminal Code, s. 21 (1)-RRB- with the jury; (2) in admitting hearsay evidence under the co - conspirator's exception to the hearsay rule (and misdirected the jury on the application of that exception);...

Under this approach, a court's role is to hear challenges to administrative agencies» rulings in a manner analogous to reviewing a jury's verdict or a trial judge's legal conclusions.

Oil States also argues that since the eighteenth century, actions challenging the validity of issued patents have been decided by courts of law, and thus the patent owner's right to a jury trial is preserved under the Seventh Amendment.

Under the test, the appellate court was unable to find the verdict of the jury clearly and grossly inadequate and Mrs. West did not get a new trial on the damages award.

Based upon this, the high court ordered the trial court to reinstate the jury verdict on the LAD claim and the man's $ 500,000 award of damages under that claim.

Skansen, a tiny contracting company with 30 people working in an open plan office no bigger than a court room, was dragged to the quarter deck of Southwark Crown Court and duly put on trial before a jury on a charge of failure to prevent bribery under section 7 of the Bribery Act, the first contested trial of this offence since the Act came into force in the summer of 2011.

[12] Under the old Rule 35 (4)(a), a pre-trial conference judge, the trial judge or a master could make an order that a trial be heard without a jury.

Counsel for plaintiff at TRO and preliminary injunction hearing and jury trial for daily newspaper suing another newspaper alleging monopolization and restraint of trade under state antitrust law, unfair competition, and tortious interference

In all cases of criminal contempt arising under the provisions of this act, the accused, upon conviction, shall be punished by fine or imprisonment or both; Provided however, that in case the accused is a natural person the fine to be paid shall not exceed the sum of $ 1,000, nor shall impriSonment exceed the term of six months; Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury; Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court on conviction is a fine in excess of the sum of $ 300 or imprisonment in excess of forty five days, the accused in said proceeding upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases.

Successfully defended life insurance company in jury trial in federal court in Massachusetts concerning denial of life insurance benefits under cancelled insurance policy.

The plaintiff in the challenge had been issued patents in the late 1970s based on an application from 1959, but on the eve of jury trial in 1982, the case had been continued pending a reexamination under the new statute.

During contentious deliberations, the trial judge in U.S. v. Thomas dismissed Juror Number 5 — the only black juror in a trial of all black defendants — based on the belief that Juror Number 5 was engaging in jury nullification and would not convict the defendants under any circumstances.

The composition of the jury in the trial came under attack for an apparent lack of Indigenous members and the Boushie family has said they were treated poorly by the RCMP.

As is typical with omnibus Bills, instead of stopping at what needs to be done, the government went above and beyond by also adding under the proposed s 644 (3), an ability to convert a jury trial in mid-trial into a trial by judge alone, in the event the number of jurors fall below the number required to continue the trial.

We were able to convince the judge assigned to the case to grant us the ability to ask for punitive damages at a jury trial due to the defendant's willful and wanton reckless conduct in driving while under the influence of alcohol.

The rule states that students are permitted to appear as counsel, under supervision, for «an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.»

In Walker v Sauvinet, 92 U.S. 90 (1876), the U.S. Supreme Court held that the right to a jury trial guaranteed under the Seventh Amendment to the Constitution did not apply to states.

«In sum,... we conclude that the noneconomic damages caps in [Official Code of Georgia] § 51 -13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution,» today's opinion says