Sentences with phrase «lower trial court»

From a legal perspective, Florida is divided into regions or «districts» that have mid-level review courts (appeals courts) set up to oversee and review the decisions and determinations of lower trial courts.

Not exact matches

In 2010, the Supreme Court said one of his convictions was flawed when it sharply curtailed the use of the «honest services» fraud law, and told a lower court to decide whether he deserved a new tCourt said one of his convictions was flawed when it sharply curtailed the use of the «honest services» fraud law, and told a lower court to decide whether he deserved a new tcourt to decide whether he deserved a new trial.

The SEC's muzzling of Citi followed an appeal the regulator filed two weeks earlier in response to a trial ordered by the lower court.

When the trial court ruled against the AG's office, we encouraged them to appeal, but unfortunately the chances of a successful appeal under the federal Natural Gas Act were low.

SB 219 would serve to clarify employer requirements and keep New Hampshire in compliance with current Federal laws and court decisions, including the March 25 Supreme Court ruling on Young vs United Parcel Service (UPS), which ruled in favor of Peggy Young to reverse the lower court's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodatcourt decisions, including the March 25 Supreme Court ruling on Young vs United Parcel Service (UPS), which ruled in favor of Peggy Young to reverse the lower court's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodatCourt ruling on Young vs United Parcel Service (UPS), which ruled in favor of Peggy Young to reverse the lower court's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodatcourt's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodations.

After his first trial for these corruption charges the European Court of Human Rights ruled that his trial was unfair and demanded a retrial, following which the ruling was overturned, sent back to a lower court, and that lower court affirmed the corruption chaCourt of Human Rights ruled that his trial was unfair and demanded a retrial, following which the ruling was overturned, sent back to a lower court, and that lower court affirmed the corruption chacourt, and that lower court affirmed the corruption chacourt affirmed the corruption charges.

The former Lower East Side assemblyman is undergoing a second trial after the first guilty verdict on corruption charges was nullified by an appeals court.

Percoco, Aiello and Gerardi and are on trial in U.S. District Court in Manhattan along with energy company executive Peter Galbraith Kelly, who is alleged to have bribed Percoco by securing what prosecutors have termed a «low - show» corporate education job for his wife, a former schoolteacher.

Sometimes when a Supreme Court Justice is out sick, or there's only an even number of Justices currently appointed, the Court makes a tie decision, (which may result in accepting a lower court's decision), making the Supreme Court trial a bit of a wCourt Justice is out sick, or there's only an even number of Justices currently appointed, the Court makes a tie decision, (which may result in accepting a lower court's decision), making the Supreme Court trial a bit of a wCourt makes a tie decision, (which may result in accepting a lower court's decision), making the Supreme Court trial a bit of a wcourt's decision), making the Supreme Court trial a bit of a wCourt trial a bit of a waste.

If lower court Jury trials are considered important enough to provide alternates, how is it that such a useful practice has never trickled up to the highest court?

Holding a banner depicting a mock up pasta box with the word «bribezoni,» New York Republican leaders stood outside federal court in Lower Manhattan doing their best to tie Cuomo to the trial, Kramer reported.

In July the state's highest court upheld a lower court ruling that state prosecutors improperly combined two cases against Perez into a single trial.

The appeals court in the Silver case ordered the case be referred to the lower court again for a new trial.

Flanagan's aides did not respond to a request for comment on Silver's verdict; his predecessor, Skelos, told reporters at the court house in Lower Manhattan that was too focused on his own corruption trial to comment on the fate of his partisan opposite.

Onjeh said, «Being dissatisfied with the ruling of the Election Petition Tribunal, which struck out my petition, I approached the Court of Appeal to set aside the decision of the lower court, and order the trial of my petiCourt of Appeal to set aside the decision of the lower court, and order the trial of my peticourt, and order the trial of my petition.

Silver, 71, was convicted on all seven counts of honest services fraud, extortion and money laundering that he faced over five weeks of trial in Federal District Court in Lower Manhattan.

Dissatisfied with the judgment of the trial court, Aminu filed an appeal at the Court of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower ccourt, Aminu filed an appeal at the Court of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower cCourt of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower ccourt to set aside the judgment of the lower courtcourt.

The trial court agreed, followed by the 9th Circuit, making the lower court's disposition of Friedrichs underdeveloped at best.

It is similar to a moot court, but mock trials simulate lower - court trials, while moot court simulates appellate court hearings.

«Lawmakers Brace for Lawsuit Over School Funding,» Colorado News Agency (12/11/09) «Keeping the Call in the Right Venue», The Denver Post (10/27/09) «Lawsuit Over State's School Funding as Inadequate Far - Reaching», The Denver Post (10/25/09) «Court Allows Schools Trial», The Denver Post (10/20/09) «Court Rules Parents Can Sue Colorado for Low School Funding, The Durango Herald (10/20/09) «Ruling Lets School Funding Case Go to Trial», The Denver Daily News (10/20/09) «High Court Revives Lobato «Adequacy» Suit», Education News Colorado (10/19/09)

Meanwhile, a trial just wrapped up in state court in Hartford in a lawsuit accusing the state of underfunding low - performing neighborhood schools and asking the court to set a standard for educational quality required under the state constitution.

Ultimately, the defendant was convicted and appealed, arguing that the «trial court's remarks during voir dire trivialized the reasonable doubt standard, diluted the concept of reasonable doubt and lowered the People's burden of proof, constituting structural error.»

Nevertheless, the Court fails to clearly explain why it lowers the constitutional protection of the right to a fair trial.

On appeal, the Superior Court reversed the trial court, holding that the lower court erred in admitting the photographs and the accompanying declaration over the Khaled's hearsay and confrontation clause objectCourt reversed the trial court, holding that the lower court erred in admitting the photographs and the accompanying declaration over the Khaled's hearsay and confrontation clause objectcourt, holding that the lower court erred in admitting the photographs and the accompanying declaration over the Khaled's hearsay and confrontation clause objectcourt erred in admitting the photographs and the accompanying declaration over the Khaled's hearsay and confrontation clause objections.

The trial judge, albeit observing the lack of time records but based upon 33 years of experience as a practitioner, finally awarded $ 180,880 to plaintiff after a reconsideration motion from the defense — this included a 1.25 multiplier to the lodestar found reasonable by the lower court.

Finding that the defense would be unjustly prejudiced by allowing the case to proceed toward a jury trial without permitting the defendant's expert to examine the plaintiff as the plaintiff's own expert had, the appellate court granted the writ of mandamus, forcing the lower court to honor the defendant's request.

The Wyoming Supreme Court disagreed and reversed, remanding the case back to the lower court for tCourt disagreed and reversed, remanding the case back to the lower court for tcourt for trial.

We also are retained by trial counsel to assist their clients and will accept cases directly from clients seeking to appeal a lower court ruling.

When a party takes a case to trial and does not get the result they had hoped for, they can sometimes appeal the lower court's decision to an appellate court to have the case reviewed.

The court explained that, while it is not always appropriate for a judge to override the jury, in instances where the damages award is shockingly low or high, the trial judge is in a position to adjust the total award amount.

The lower courts agreed and dismissed the case in an early proceeding before the case reached trial.

This is a document that notifies the trial and appellate court of an intent to appeal the lower court's verdict.

State Supreme Court Permits Trial Judge Ability to Adjust Verdict When Jury's Damages Award «Shockingly» Low, New Mexico Personal Injury Lawyer Blog, October 14, 2015.

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

A McKenzie friend The phrase McKenzie friend comes from the 1970 Court of Appeal case McKenzie v McKenzie -LRB-[1970] 3 All ER 1034) in which a husband acting in person in contested divorce proceedings successfully appealed the decision of the lower court to deny him the use of an assistant to take notes, quietly advise, and prompt him at the tCourt of Appeal case McKenzie v McKenzie -LRB-[1970] 3 All ER 1034) in which a husband acting in person in contested divorce proceedings successfully appealed the decision of the lower court to deny him the use of an assistant to take notes, quietly advise, and prompt him at the tcourt to deny him the use of an assistant to take notes, quietly advise, and prompt him at the trial.

In Poindexter, the 6th Circuit reversed the lower court's decision that the defendant was deprived of effective assistance of counsel during his trial.

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 Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofCourt recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofcourt's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofcourt to enter judgment in favor of the defendant as a matter of law.

August 24, 2005 909 So.2 d 464 2005 As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip - and - fall case, without first granting a motion for additur.

It noted that a trial judge's discretion is not unlimited, that there was no authority for awarding damages under the CSPA to class plaintiffs who had suffered no injury, and that the lower courts ignored the clear distinction in the CSPA between the kinds of damages available in an individual action and the actual damages available in a class action.

As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip - and - fall case, without first granting a motion for additur.

As the appellee concedes, the lower court erred when it granted a new trial on damages alone, in this slip - and - fall case, without first granting a motion for additur.

Without these, a pro se litigant can be stuck in the lower court with an un-winnable case, unable to obtain discovery or present a real case at trial.

This differs from Combined Air, in which the Court of Appeal observed the question of whether there was a genuine issue requiring trial is a legal question, subject to appellate review at the lower standard of correctness.

While courts await 2016 trials, anyone participating in or potentially injured by low testosterone therapies should be aware of the risks.

We can handle the case after an appeal and employ the best strategies to attack the result in the lower court or make sure the trial court's ruling or judgment is affirmed.

«I think that, fairly read, the lower courts should take away from today's opinion that the Court is serious about the right to confrontation and that statements describing past incidents to law enforcement agents can not serve as a substitute for live testimony at criminal trials.»

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

An appeal is most simply a request for a higher court to review the decision of a lower court and overturn the outcome by either ordering a new trial or substituting the verdict that should have been reached.

In the decision, the New Mexico Court of Appeals dismissed the case, siding with Dr. Delgado and reversing a lower court's order that the case would proceed to tCourt of Appeals dismissed the case, siding with Dr. Delgado and reversing a lower court's order that the case would proceed to tcourt's order that the case would proceed to trial.