Sentences with phrase «lower appeal court judges»

Now, in what lower appeal court judges have called a «most troubling appeal» and a «most unfortunate circumstance,» the Supreme Court will hear on Tuesday the case that asks when and under what circumstances a judge can copy the submissions of a party without attribution.

Not exact matches

A judge suspended the lower court's ruling to ban the company from operating in Italy completely, allowing Uber to continue providing services until the appeals process is over.

The 2nd U.S. Circuit Court of Appeals in Manhattan reversed a lower court judge's dismissal of investors» antitrust claims against 16 banks, including Deutsche Bank AG, UBS AG, Bank of America (bac) and J.P. Morgan because she found no showing of anticompetitive Court of Appeals in Manhattan reversed a lower court judge's dismissal of investors» antitrust claims against 16 banks, including Deutsche Bank AG, UBS AG, Bank of America (bac) and J.P. Morgan because she found no showing of anticompetitive court judge's dismissal of investors» antitrust claims against 16 banks, including Deutsche Bank AG, UBS AG, Bank of America (bac) and J.P. Morgan because she found no showing of anticompetitive harm.

Despite the fact that at least five of the judges involved in the two appeal court judgements were originally appointed to lower courts by Brian Mulroney's Conservative government, Harper insisted: «It was the government that decided to put the judges on the bench, the government that decided not to appeal, the government that decided to lose the case and the government that decided not to come back to Parliament.

The new panel of the United States Court of Appeals for the Seventh Circuit agreed with a lower court judge who ruled last summer that prosecutors had coerced Dassey into his video - taped confession, which was played on the Court of Appeals for the Seventh Circuit agreed with a lower court judge who ruled last summer that prosecutors had coerced Dassey into his video - taped confession, which was played on the court judge who ruled last summer that prosecutors had coerced Dassey into his video - taped confession, which was played on the show.

Overturning a lower court's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&rcourt's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&rCourt of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.»

Lower courts have ruled in favor of the TRS, but Empire Center officials said they'll try again at the seven - judge Court of Appeals.

Notably, unlike the U.S. and U.K., the pool of people from whom judges can be appointed in Poland to the Poland Supreme Court is limited to people with at least 12 years experience in the next lower court of appeals (regional couCourt is limited to people with at least 12 years experience in the next lower court of appeals (regional coucourt of appeals (regional courts).

Anti-horse carriage activists won an appeal that eliminates a 9 - foot buffer zone imposed by a lower - court judge — and lets them get as close as they want to the hansom cabs.

Delivering the Appeal Court judgement on Friday, the Presiding Judge of Court of Appeal, Kaduna, Justice Umani Abba Aji, said the lower tribunal was right in its rulings, which nullified the election of the first appellant, Hon. Mansir Aliyu Mashi.

Dane County District Attorney Ismael Ozanne argued in his lawsuit that it was premature for an appeals court to hear the case given that the lower court judge scheduled a full hearing on the matter for Tuesday.

ALBANY — The Court of Appeals on Thursday upheld a lower court ruling that a judge can not use the threat of contempt charges to compel a district attorney to prosecute a case, specifically addressing Albany County district attorney David Soares» decision not to prosecute Occupy Albany protesCourt of Appeals on Thursday upheld a lower court ruling that a judge can not use the threat of contempt charges to compel a district attorney to prosecute a case, specifically addressing Albany County district attorney David Soares» decision not to prosecute Occupy Albany protescourt ruling that a judge can not use the threat of contempt charges to compel a district attorney to prosecute a case, specifically addressing Albany County district attorney David Soares» decision not to prosecute Occupy Albany protesters.

The fight against Carl Paladino's removal from the Buffalo School Board is something far more involved than just asking a judge to «appeal» the decision of a lower court; it involves building an entire new case and starting a lawsuit from scratch

(The dissenting appeals judge sided with the lower court.)

Arguing before a three - judge panel of the United States Court of Appeals for the District of Columbia Circuit, Beth Brinkmann (pictured), an attorney for the US Department of Justice, said that a lower court's reading of the law, which led to a temporary shutdown of funding for the research last summer, «is fundamentally flawed and should be reversed.&rCourt of Appeals for the District of Columbia Circuit, Beth Brinkmann (pictured), an attorney for the US Department of Justice, said that a lower court's reading of the law, which led to a temporary shutdown of funding for the research last summer, «is fundamentally flawed and should be reversed.&rcourt's reading of the law, which led to a temporary shutdown of funding for the research last summer, «is fundamentally flawed and should be reversed.»

Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals makes a point while delivering prepared remarks before a group of attorneys last Friday at a luncheon in a legal firm in lower downtown Denver.

The charter school got a favorable ruling from a lower court, but an appeal went to a panel of N.C. Court of Appeals judges who are expected to weigh in soon with their decicourt, but an appeal went to a panel of N.C. Court of Appeals judges who are expected to weigh in soon with their deciCourt of Appeals judges who are expected to weigh in soon with their decision.

The case was under appeal after Judge John Dietz's lower court ruling that the Texas school finance system is unconstitutional because it «fails to provide an adequate, suitable education.»

However, in a unanimous 2016 decision, a three - judge panel on California's Court of Appeals struck down the lower court ruling and the state Supreme Court declined to hear the Court of Appeals struck down the lower court ruling and the state Supreme Court declined to hear the court ruling and the state Supreme Court declined to hear the Court declined to hear the case.

Last month, a three - judge panel of the 1st District Court of Appeal upheld a lower court's ruling that the opponents of the program don't have stanCourt of Appeal upheld a lower court's ruling that the opponents of the program don't have stancourt's ruling that the opponents of the program don't have standing.

But in April, a three - judge state appeals court reversed the ruling, saying that the lower court failed to show evidence that tenure causes substandard education.

Earthjustice represented three environmental justice groups and challenged the impact statement, which a lower court judge found illegal, whose opinion was upheld by a state court of appeal.

Although Saskatchewan Appeal Court Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way itCourt Justice Justice Ralph Ottenbreit allowed McKercher to continue acting for Wallace, overturning a lower court ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way itcourt ruling, the judge found «McKercher did breach its duty of loyalty» for «dumping» CN the way it did.

The Appeals Court also found that the lower court judge's curative instructions to the jury, after striking the evidence, was sufficiently «rigorous and emphatic» to remedy any potential prejuCourt also found that the lower court judge's curative instructions to the jury, after striking the evidence, was sufficiently «rigorous and emphatic» to remedy any potential prejucourt judge's curative instructions to the jury, after striking the evidence, was sufficiently «rigorous and emphatic» to remedy any potential prejudice.

The Ontario Court of Appeal restored the arbitrator's initial award, noting that the lower court judge failed to consider all of the facts in evaluating the appropriate equitable remedy, which is always a matter of discreCourt of Appeal restored the arbitrator's initial award, noting that the lower court judge failed to consider all of the facts in evaluating the appropriate equitable remedy, which is always a matter of discrecourt judge failed to consider all of the facts in evaluating the appropriate equitable remedy, which is always a matter of discretion.

In a decision Tuesday, a three - judge panel from the 11th U.S. Circuit Court of Appeals, affirmed a lower court's decision not to overturn the verdict or grant TD Bank a new trial in a lawsuit brought by Texas investment partnership Coquina InvestmCourt of Appeals, affirmed a lower court's decision not to overturn the verdict or grant TD Bank a new trial in a lawsuit brought by Texas investment partnership Coquina Investmcourt's decision not to overturn the verdict or grant TD Bank a new trial in a lawsuit brought by Texas investment partnership Coquina Investments.

The error by the lower court: The Court of Appeal decided that the judge below made errors when she set aside the order of the inquiry commicourt: The Court of Appeal decided that the judge below made errors when she set aside the order of the inquiry commiCourt of Appeal decided that the judge below made errors when she set aside the order of the inquiry committee.

A lower court judge rejected Brunker's claims, finding that Brass and Donaldson acted ethically, but the state is persisting in pressing its argument on appeal.

If a case is appealed, a new panel of judges may emphasize some facts that were not emphasized by the lower court and the result may change.

In a 3 - 0 decision in Mor - Town Developments Ltd. v. MacDonald, the Nova Scotia Court of Appeal ruled that the lower court judge's narrow interpretation would not adequately protect the public when it comes to assessment, or taxation as it is known in the provCourt of Appeal ruled that the lower court judge's narrow interpretation would not adequately protect the public when it comes to assessment, or taxation as it is known in the provcourt judge's narrow interpretation would not adequately protect the public when it comes to assessment, or taxation as it is known in the province.

As the Court of Appeal wrote, «the proof is in the pudding» — counsel for one of the Respondents calculated the lowest intermediate balance for each beneficiary (and the proportion each balance comprised) to the satisfaction of the Chambers Judge who signed the Order.

Although the judge at the trial level had relied on Farber v Royal Trust Co in making its decision, the Court of Appeal nonetheless upheld the lower court's decision by applying the Potter Court of Appeal nonetheless upheld the lower court's decision by applying the Potter court's decision by applying the Potter test.

Washington asked Gidez whether, if the appeals court took his side, the court would be lowering the standard for a judge to give a change - of - appearance instruction.

However — with one exception I know about — in Reilly v. Lynn 2003 BCCA 49 (Southin J.A. dissenting — though this wasn't the point of the dissent) when discussing the scope of appellate power to review lower court findings of fact, said that once upon a time it was important for that court to take into account which judge the appeal came from because of the quality of the judge — nobody says that openly.

A judge of the Quebec Court of Appeal refused to grant leave to appeal this interim decision of the lower cCourt of Appeal refused to grant leave to appeal this interim decision of the lower Appeal refused to grant leave to appeal this interim decision of the lower appeal this interim decision of the lower courtcourt.

A three - judge panel for the U.S. 6th Circuit Court of Appeals agreed with the lower court and kept the stay in pCourt of Appeals agreed with the lower court and kept the stay in pcourt and kept the stay in place.

A three - judge panel of the District of Columbia Court of Appeals on July 3 upheld the lower court ruling, which said the plaintiff failed to present enough evidence that D.C. Water's actions caused the lCourt of Appeals on July 3 upheld the lower court ruling, which said the plaintiff failed to present enough evidence that D.C. Water's actions caused the lcourt ruling, which said the plaintiff failed to present enough evidence that D.C. Water's actions caused the leaks.

In the decision of 1201059 Ontario Inc. v. Pizza Pizza Limited, 2015 ONSC 1208, dated February 26, 2015, a three - judge panel of the Divisional Court (an appellate branch of the Ontario Superior Court of Justice that is higher than a trial level but lower than the Court of Appeal), upheld the trial judge's dismissal of the franchisee's action for damages based on an alleged failure to provide disclosure at the time of the franchise renewal.

Pharris said the high court may have decided to accept the appeal because it also agreed last week to take an elections case from New York state, where lower courts threw out nominating conventions for state judges.

Being as kind as possible to the reasoning, the Court adopts a «Goldilocks» approach: the amount of punitive damages awarded by the trial judge ($ 1,000,000) was «too high», the amount awarded by the Court of Appeal ($ 250,000) was too low because it «fails to fully reflect the gravity of the conduct and the need to deter others», so $ 500,000 is perfect.

This is perhaps more acute in the lower courts where a judge might wish, out of caution, to deal with every authority lest failure to do so results in an appeal.

Typically, violations of the 5th amendment are handled by the judicial system through appeals to superior court who will review the case to ensure the Prosection and the Lower Judge followed the rules.

Each of these four cases involved, first, a decision by a Superior Court Judge interpreting an insurance contract (or in Ross - Clair, a construction contract with the federal government), and then a decision of the Court of Appeal reviewing that lower court deciCourt Judge interpreting an insurance contract (or in Ross - Clair, a construction contract with the federal government), and then a decision of the Court of Appeal reviewing that lower court deciCourt of Appeal reviewing that lower court decicourt decision.

1) Fresh evidence: Generally, an appeal judge only reviews the evidence and oral arguments that were presented at the lower court trial.

As reported in the Vancouver Sun the Chief Judge of the British Columbia Court of Appeals: «has suggested lawyers either significantly lower their fees — now averaging about $ 340 an hour — or agree to give up their monopolistic hold... Continue reading →

In any civil action pending in a district court, which has not been appealed from a lower court, each side is entitled, as a matter of right, to one change of judge by peremptory challenge.

In Mancinelli v. Barrick Gold Corporation, the Court of Appeal said the lower court judge was correct to give carriage to Rochon Genova, which presented a broader claim than Koskie Minsky and had done «more extensive preparation» on the Court of Appeal said the lower court judge was correct to give carriage to Rochon Genova, which presented a broader claim than Koskie Minsky and had done «more extensive preparation» on the court judge was correct to give carriage to Rochon Genova, which presented a broader claim than Koskie Minsky and had done «more extensive preparation» on the file.

«I'd have thought that the Court of Appeal might explain these apparent gaps in the lower court judge's reasons, but it diCourt of Appeal might explain these apparent gaps in the lower court judge's reasons, but it dicourt judge's reasons, but it didn't.

«the moral turpitude here is quite low,» says Barrs, who adds that his client was granted bail this week pending appeal, by a judge of the court of appeal.

Some justices seemed sympathetic to the problems caused by splintered opinions for lower court judges especially when, as Chief Justice John Roberts Jr. put it, «If I'm a court of appeals judge, it seems to me the most important thing in deciding the case is to make sure that I'm not reversed.»