Sentences with phrase «many appellate decisions»

Hard on the heels of that decision comes an appellate decision against one....
As word of an appellate decision ¯ In re Rachel L. ¯ in California got around earlier this month, homeschoolers around the country reacted with incredulity and outrage.
Just read the appellate decisions that overturned Bharara's cases.
«The District Court's charge, encompassing «any action taken or to be taken under color of official authority,» was overbroad,» the appellate decision states.
«But we intend to go to the appellate decision to have the case heard on the merits.»
Carver said his lawyers also are weighing whether to appeal Wednesday's ruling, but the state Court of Appeals must give permission after the unanimous appellate decision.
While the appellate decision was viewed as a win for TechCity, most of the money refunded by the KCSD and the town won't be paid to Alan Ginsberg, the owner of the business center; Ulster County paid the town back taxes when TechCity didn't always meet its obligations during the period covered by the settlement.
(The Supreme Court later limited a portion of the appellate decision, offering some vindication for Mr. Bharara.)
In addition to the Arizona decision that Welner cites, there were also two appellate decisions in Illinois that ruled that tax credits are not «appropriations» or «public funds».
Fields, who ruled the opposite in 2015 and was reversed by the appeals court, refused Friday to stay the appellate decision.
The state of Illinois has not yet decided whether to challenge an appellate decision handed down last week that could result in three Lake County school districts seeing required payments to their local charter schools decrease, a state spokeswoman said...
«Analysis and commentary on recent California appellate decisions and legislation of interest to trial lawyers and judges.»
I clicked on the «Settled Principles» tab to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater right of access to public records than the general public,» and this from a Florida court, «It is well - settled that public records and reports or business records are admissible as an exception to the hearsay rule provided they are authenticated by a custodian.»
News.lawreader.com has summaries of Kentucky cases, federal appellate decisions, U.S. Supreme Court decisions, and professional ethics cases.
APPELLATE DECISION: The appeal was dismissed.
Just published is the appellate decision of Judge Dight, assisted by Master Whalan, in the case of May v Wavell.
In one province (not Alberta), there are so many appellate decisions condemning the practice, but not ordering a new trial, that one wonders whether the prosecutors there think that it is a matter of «Do as I say, not as I do.»
I expect we will see a burst of inconsistent lower court judgments early in the new year followed by some significant appellate decisions in the spring.
Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).
The appellate decision did not reveal terms of the settlement agreement, but the plaintiffs» attorneys reportedly received $ 1.85 million in the state - court settlement.
In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.
He has won many important appellate decisions for physicians and other healthcare providers and has argued several cases in the United States and California Supreme Courts.
1 Feb. 19, 2016)(unpublished), parties got into a hotel management imbroglio where plaintiff sued defendants, and one defendant brought a cross-complaint in a back - and - forth matter, even in two prior appellate decisions, resulting «kinda» in a mixed decision.
I hope you will still find this blog a useful, interesting source of information and opinion even as I discontinue my high - frequency, granular litigation (and litigation - related antitrust) coverage and focus on select issues, which I'll mostly be able to write about at a time of my choosing, except for some key appellate decisions.
Yet another Canadian appellate decision has confirmed that employers who do not provide for the early termination of fixed - term employment agreements do so at their peril.
We have consistently obtained favorable results for our clients in dozens of published and unpublished appellate decisions.
He has tried jury and bench trials in state and federal courts and has been counsel in reported appellate decision.
They have not only litigated hundreds of insurance cases with great success at the trial court level, but they've also helped shape the law in this area through their published appellate decisions,» commented Frank Falzetta, head of Sheppard Mullin's Insurance practice.
As of January 1, 2018, BASTA's attorneys claimed an impressive nine published appellate decisions, including:
Smith's Blawg Review # 123 is styled as an appellate decision that sets a great precedent for future Blawg Reviews by covering a wide range of subjects, from the Nixon Peabody theme song debacle to judges who write and cite law blogs.
In the end, there's nothing more frustrating to read than appellate writing that doesn't know where it's going, and evidences that it doesn't care, or has no sense, of where it stands in the «pantheon» of appellate decision - making.
In my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals court.
For all of our followers, we have one for worker's compensation practitioners — a category we do not see come up in many appellate decisions (it usually comes up through writ proceedings).
The Court pointed to other appellate decisions holding that a pedestrian is not required to continually look for defects.
Also, the lower court failed to issue a written factual recital of the sanctionable conduct, with the reference to the prior appellate decision not having any value given that the reviewing panel did not find the prior motion or appeal frivolous.
Now there are two published appellate decisions from which to begin a sketch of the contours of post-McNeely Minnesota.
I base this view on two recent appellate decisions: Strickland v. Strickland, 375 S.C. 76, 650 S.E. 2d 465 (2007) and Semken v. Semken, 379 S.C. 71, 664 S.E. 2d 493 (Ct.App.2008).
As common law doctrines evolve, sometimes their rationale, and proper application, can get lost; that can be because of just one «less than thoughtful» reported appellate decision.
The following two recent appellate decisions are examples of the diligence required to safeguard trade secrets in litigation.
Published appellate decision holding that an individual development project can be fully approved through the initiative process.
At the end of each quarter, the speakers will review the appellate decisions during the quarter that will have the greatest impact on Intellectual Property law.
In this recent appellate decision, a participant in a Sudbury youth soccer program who suffered a personal injury as the result of an accident in which a metal goal post flipped over onto him during a team practice can not sue for any alleged negligence arising from the improper placement of the posts.
Much in the D.C. Circuit appellate decision in Noel Canning v. National Labor Relations Board hinges on the «the» found in the Recess Appointments clause in Article Two of the US Constitution:
Following the precedent set by the decision of the Supreme Court in Montgomery v. Lanarkshire Health Board [2015] UK SC 11, the case constitutes the first appellate decision where the Court of Appeal has emphatically ruled in favour of patient choice.
denied, 117 S. Ct. 770 (1997), the first major appellate decision in the country on the issue of admissibility of evidence of repressed and recovered memories.
Over the years, we have also successfully defended high - profile sexual misconduct claims that resulted in precedent - setting appellate decisions in the areas of repressed memory and statutes of limitations.
Specifically designed to inform non-appellate litigators of appellate decisions statewide affecting their practice.
The new site describes itself as a portal of patent caselaw built on a foundation of timely, accurate and considerate reviews of appellate decisions.
In a release covering 50 years of appellate decisions, he found 1,718 with personal identifiers.
For one thing, Scholar has a fairly significant cache of articles and case law that runs back about 60 years and encompasses federal district court cases, state and federal appellate decisions, and other topics generally reserved for the legal community.
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