Sentences with phrase «of appellate opinion»

I really don't know, but then again neither do appellate experts such as Howard Bashman, who writes, «Just when you thought that every possible type of appellate opinion had already been created, Ninth Circuit Chief Judge Alex Kozinski goes and invents one more.»

Likewise, its limited scope of appellate opinions would not be broad enough for most law school courses.

The index is organized by category and subcategory allowing for quick identification of appellate opinions relating to a specific type of case.

This research summary surveys studies showing alleged and adjudicated batterers receiving custody at rates ranging from approximately 1/3 (Wellesley study) to the vast majority (Meier's survey of appellate opinions), with the majority in the 50 - 70 % range.

Not exact matches

«Finally, you are to please ensure that the judgment you pass on the accused person will stand the test of appellate court, public opinion and above all, that of the Almighty Creator.

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.

The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»

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.

«The immediate cause of these lower returns is undisputed: Fidelity allocated MIP investments away from higher - return, but higher - risk sectors (e.g., corporate bonds, mortgage pass - throughs, and asset - backed securities) and toward treasuries and other cash - like or shorter duration instruments,» the appellate court wrote in its opinion.

In that ruling, the appellate court relied on a 2nd U.S. Circuit Court of Appeals opinion that since the plan terms did not require or encourage fiduciaries to invest primarily in employer stock, the presumption of prudence did not apply.

The website that posts opinions of Massachusetts appellate courts was shut down this morning because no one renewed the site's domain name.

The site's founder, Harry Zeitlin, tells me that they have already collected a large number of state supreme and appellate court briefs and matching opinions, which they are actively adding to the database.

And, interestingly, and never mentioned in the stories is the fact that the last 5 years of federal appellate opinions are available for free on LexisOne and West's FindLaw.

As I wrote here earlier today, beginning in January, Fastcase will collaborate with Public.Resource.Gov to launch the Report of Current Opinions, a weekly release of all federal and state appellate opinions available for anyone to use without restOpinions, a weekly release of all federal and state appellate opinions available for anyone to use without restopinions available for anyone to use without restriction.

Posts cover cases before the U.S. Supreme Court, and blogger Lyle Denniston also writes a «constitution check» series of posts in which he investigates assertions made about the constitution in the media and appellate opinions.

Starting in 2011, Public.Resource.Org, an organization devoted to putting government documents in the public domain, will begin a weekly release of HTML versions of all slip and final opinions of the appellate and supreme courts of all 50 states and the federal government.

Just what is «argle - bargle,» and why would any appellate justice — much less one of Justice Scalia's stature — use such a phrase in a momentous judicial opinion?

The latest appellate iteration of the Procter & Gamble versus Amway spat today produced a lengthy opinion from the U.S. Court of Appeals for the Tenth Circuit.

As laid out in the appellate opinion, plaintiff ‟ s counsel and defendants ‟ counsel agreed to multiple extensions of plaintiff ‟ s time to file a motion for attorney fees on appeal, while they were trying to settle the amount owed.

Usually, the menu of options for an appellate judge participating in an opinion is limited: You either write the opinion, concur with it, dissent from it, or concur in part and dissent in part.

For example, the New York Times has noted that the opinions of most federal appellate judges are written by their clerks.

For example, Michael Murray used manual review and coding to study the use of parentheticals in 200 federal appellate court briefs and 107 Supreme Court opinions.256

The book is a «how - to» guide for drafting all types of documents common to trial and appellate courts, including bench memos, orders, findings of fact and conclusions of law, jury instructions, statements of reasons for imposing sentence, appellate opinions, correspondence, and speeches.

The chapter on appellate opinion drafting explains the different types of opinions and their structures, their purposes and audiences, the writing process, and ends with a checklist, reading list, and samples.

Chapter five, on drafting appellate opinions, introduces students to drafting them by reproducing an opinion by Judge Aldisert and asking questions that guide them through the structure of the opinion.

The article introduces the guide by explaining the importance of reasoned judicial opinions in the American legal system and the importance of audience for appellate opinions.

We have appeared in hundreds of matters in various appellate courts resulting in hundreds of published opinions.

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.

He claims that because one of the major functions of appellate courts is law development; opinions are properly written more like the rules found in statutes so that the public can better follow the law and lawyers can better predict how a court will rule.

Michael Murray studied rhetorical uses of parentheticals in federal appellate briefs and opinions.110 He drew a cross-sectional sample of briefs filed in several appellate courts from February through July of 2011.

Their independent variable was readability, as measured by the Flesch Reading Ease score calculated by Microsoft Word.127 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion (present or absent), and readability of the opinion deciding the appeal.

At the end of the opinion, the appellate court dealt with the argument that the application of the privilege to billing records would «wreak havoc» on the procedures for submitting substantiation in support of a fee request.

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.

There are so many areas of South Carolina law that could use precedential analysis by our appellate courts that the act of depublishing opinions is almost perverse.

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.

A dozen judges (nine federal judges) have used it, including in opinions for the Fifth Circuit, the Supreme Court of Kentucky, several federal district courts and state appellate courts.

Almost two years after that ruling, and two days after the (first) appellate opinion in that case, there can be no doubt that the FRAND part of the ruling did indeed (as I had accurately predicted) become the most influential part.

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.

I review my picks for the year's 10 most important appellate opinions involving the admissibility of expert opinions and the procedural formalities surround their use.

In a post here last April, I wrote about Justia's launch of a free service providing daily summaries of federal and state appellate opinions, daily.justia.com.

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?

Currently, Google Scholar allows you to search and read published opinions of US state appellate and supreme court cases since 1950, US federal district, appellate, tax and bankruptcy courts since...

Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.

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.

In the unpublished part of the opinion, the Court addresses the landlord's request for $ 73,352.50 in appellate sanctions, bearing in mind that, at the trial court level, the landlord sought and obtained an award of $ 3,392.50 for the expense of opposing the tenant's anti-SLAPP motion.

A decision as to whether or not acts attributable to a body such as a school or college amount to occupation of premises for VAT purposes is a question of degree, sensitive to the particular facts, and one in which an appellate court has to pay considerable respect to the opinion of the fact - finding body.

Or perhaps it could help do a deep dive on the proclivities of appellate judges to predict opinions better.

If you occasionally read opinions and want to know what upsets appellate justices, this one is in the must - read category, if not also for the more casual style of writing that's coming out of this District.»