Sentences with phrase «of appellate issues»

He has also successfully handled a wide variety of appellate issues.

Clients say: «He is incredibly intelligent with a total command of appellate issues, yet still very personable and relatable.»

Not exact matches

«We consider this a VERY big victory for the WEP, as now all three appellate courts to hear the issue agree with us that the Gold WEP rules govern the operation of the WEP,» said Steven C. Russo, an attorney for Greenberg Traurig, which argued the cases for the governor's allies.»

Jonathan Lippman, who was chief judge of the state Court of Appeals from 2009 through last year, has joined the New York office of Latham & Watkins LLP, where he will provide expertise on state law and appellate matters while remaining a high - profile advocate on the public policy issues.

One case has already reached an appellate court and the whole issue could go to the state's highest court, the Court of Appeals.

Following three state appellate court rulings in the second appellate division in September 2017 requiring healthcare agencies to pay home care workers for all their hours on 24 - hour shifts, Governor Cuomo's Department of Labor issued «emergency regulations» in October consistent with contrary federal court rulings allowing payment for only 13 hours.

Still, as a federal appellate judge, Gorsuch has issued hundreds of opinions that offer some idea of where he might stand on health and science issues.

In short, the outcome would appear to turn on the views of its newest member — a product of Catholic schools who, as Arizona Supreme Court justice Clint Bolick explains in this issue (see «Gorsuch, the Judicious Judge,» features), has interpreted the establishment clause narrowly during his tenure as an appellate judge.

Randall G. Bennett is the Deputy Executive Director and General Counsel of the Tennessee School Boards Association where he provides general legal opinions to local boards of education, superintendents and TSBA staff on school governanace issues, organizes and presents at seminars and training events, prepares and files amicus briefs in appellate cases affecting public schools, monitors current litigation and changes in state and federal law, and supervises the Association's Policy Department, A former school board member and police officer, Mr. Bennett obtained his law degree from Nashville School of Law.

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

They are not qualified to determine scientific issues: they are politically selected, regardless of whether they are state or federal or local judges, trial or appellate judges.

That is a central issue in a recent lawsuit by Southeastern Legal Foundation (SLF), the Competitive Enterprise Institute (CEI), a host of lawmakers and several companies, who are petitioning the Supreme Court to review an appellate court decision upholding the EPA's global warming regulations.

This specific issue of proportionality will undoubtedly lead to further litigation in the appellate courts.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

Her written work on legal issues — in trial and appellate courts — is considered to be some of the best in the nation.

[26] In a case such as this, the essence of the complaint is not that the reasons are functionally insufficient — the parties agree that on their face, the reasons explain what was decided and provide a basis for appellate review — but rather that the judge's wholesale incorporation of the material of others shows that he did not put his mind to the issues and decide them impartially.

Acted as appellate counsel in cases where the firm was not trial counsel, including matters involving complex commercial litigation and novel issues of law.

Ms. Deluhery, a partner at Todd & Weld, told the publication in its Feb. 19 issue that» [a] sking an appellate court to say that using the Supreme Court's phraseology of the law in a jury instruction is wrong is going to be a tough sell.»

Earlier this month, a state appellate court issued a written opinion in a personal injury case that illustrates the importance of following all procedural and court rules in South Florida medical malpractice cases.

Earlier this month, an appellate court issued a written opinion in a nursing home case brought by the surviving loved ones of a woman who died while in the care of the defendant nursing home facility.

Attorneys Horton and Bartschi provide case and practice annotations to Connecticut's appellate rules in Connecticut Practice Series: Connecticut Rules of Appellate Practice, which is issued annually by West Publishing.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

Areas of expertise include arbitration, construction law, employment contracts, government contracts, agency, U.C.C. matters, arbitration issues, corporate formation, franchises, unfair trade practices, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and motion and appellate practice.

There will be plenty of time with the panel to address higher level appellate issues.

[73] Differing perspectives and insights on complex and difficult legal issues find expression when all members of an appellate court are afforded an equal opportunity to contribute to its jurisprudence.

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.

Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground.

The Third, Sixth, Seventh and Eleventh Circuit Courts of Appeal (the federal appellate courts) have held that Section 15 is a jurisdictional prerequisite, and an issue for the courts to decide.

Courts, including a number of appellate courts, have reviewed human rights tribunal decisions, and spoken to the obligation of professional regulatory hearing panels to address alleged discrimination, unless such issues are expressly excluded from their scope by enabling legislation.

Earlier this month, an appellate court in California issued a written opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he suffered his fatal injury.

The appellate court reversed the lower court on this issue, finding that the doctors did owe the third - party plaintiff a duty of care under these circumstances.

In a short time, I bet, the phone for each blog's author would be ringing regularly with calls from the media seeking analysis of cases and key appellate issues.

So what do Sotomayor's appellate opinions on the 2nd U.S. Circuit Court of Appeals tell us about how her trial court experience shaped her rulings on expert witness issues?

And know that you will win accolades as a new appellate lawyer by massive amounts of preparation — long hours reading the record and reading all the cases relevant to your issue, both in and outside your jurisdiction.

But at the same time, you have to be mindful of your client's potential appellate issues.

I almost landed in another federal agency's appellate office that practiced a very narrow issue before federal circuits across the country, but chose my current job because of the very broad swath of constitutional criminal issues we routinely litigate, which is endlessly fascinating.

Furthermore, in my view, it is preferable for the appellate judge who becomes aware of an Internet posting about a pending case, written by someone with particular expertise in the area of the law at issue, to read the posting instead of refusing to consider it.

Cassels Brock had appealed the original decision, with the appellate judge stating in her decision that the firm «raises legal issues relating to liability, the availability of an aggregate damages award, and the trial judge's damages assessment.»

August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney's fees awards.

The appellate court found that if it accepted this, every plaintiff would win on the issue of whether there was a duty and a breach.

However, the appellate court in Linafelt allowed the employee to have another jury trial on the issue of tortious interference with an advantageous business relationship.

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.

Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.

A large number of federal appellate courts state on the face of their precedential opinions that the date on which the opinion issued is the date on which the case was decided.

Our appellate attorneys not only provide monitoring at trial for appellate issues, but they also assist with the preparation and argument of dispositive and pre-trial motions to ensure early and favorable rulings.

The Model Penal Code: Sentencing project provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of judicial powers to review many collateral consequences of conviction; and many issues having to do with judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.

When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously ruled.

During her clerkship, Sarah researched and analyzed novel issues in many areas of law including civil, criminal, family, unemployment, workers compensation, and juvenile to advise and recommend the resolution of appellate cases to rotating three - judge panels.