Sentences with phrase «of appellate rules»

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Not exact matches

In Tuesday's ruling, a three - judge appellate panel rejected Pauley's narrow definition of «repeat infringer» as only covering users who upload infringing content, rather than ones who downloaded songs for personal entertainment.

«Today's ruling is a major milestone in our efforts to recover damages for our investors,» said James Dondero, co-founder and president of Highland Capital Management, L.P. «We are pleased the appellate court recognized the harm caused to our investors by Credit Suisse's fraud and breaches of contract.»

Just how that charge is to be exercised is nowhere indicated in the text, and the possibility remains, therefore, that outside the Latin church the jurisdiction will be exercised via the patriarchs and ruling synods of the Oriental churches — normally, by way of reaction, namely, in the event of patriarchs or ruling synods calling on the pope for mediation in some dispute («appellate» jurisdiction), and abnormally, in the pope taking some initiative to bring a matter to the attention of such patriarchs and synods.

An Illinois appellate court has upheld a ruling that most of the 230 - acre lake bed of Crystal Lake belongs to the Crystal Lake Park District.

CRYSTAL LAKE — An Illinois appellate court has upheld a ruling that most of the 230 - acre lake bed of Crystal Lake belongs to the Crystal Lake Park District.

Just last May, an Illinois appellate court upheld a ruling that most of the 230 - acre lake bed of Crystal Lake belongs to the Park District.

Latin has finished construction of more than half of the $ 2 million artificial soccer field.The one - paragraph ruling from the appellate court says no construction or excavation can occur on the field until a decision is reached by the Cook County Circuit Court.

The private school had completed more than half of the artificial field north of LaSalle Drive and west of Lake Shore Drive when an Illinois appellate court ruled this week that the school must cease construction.

The New York Court of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in place.

U.S. Sen. Robert Menendez, D - New Jersey, has filed a new motion to dismiss corruption charges against him, finding hope in last week's appellate ruling reversing the bribery conviction of former New York Assembly Speaker Sheldon Silver.

The appellate ruling is part of a multipronged court battle between Tinari forces and dissidents who say the party is still under the control of ex-Conservative chairman Edward Walsh, who is in federal prison after his conviction on corruption charges.

Congressional candidate Liz Berney said she plans to appeal a Nassau appellate court ruling that dismissed her claims of fraud against Republican primary opponent Dr. James Milano.

But the appellate court ruled that the notion of what constitutes a bribe and a political favor was too broad given a recent Supreme Court ruling.

«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.»

Under the rules, parties are not allowed to approach the appellate court, except under the special circumstance that the record of proceedings at the court below had been compiled and transmitted by its registry.

A New York appellate court has ruled in favor of the NYPD's decision NOT to release the addresses of gun permit holders» to the NY Times newspaper.

Here's the decision by four appellate court judges — two Democrats and two Republicans — dismissing Sen. Craig Johnson's appeal of a Dec. 4 ruling of State Supreme Court Justice Ira Warshawsky that handed the 7th SD race to Republican Jack Martins.

New York's top court ruled that the threat of litigation is necessary in order to maintain attorney - client privilege for communications involving third parties, overturning an appellate court's ruling favoring Bank of America in an insurer's $ 1 billion lawsuit over toxic residential mortgage - backed securities.

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

Gov. Cuomo's side of the Women's Equality Party argument has won yet another appellate court ruling.

A state appellate court ruled unanimously on Thursday that New York City must keep open 19 schools it wanted to close for poor performance, blocking one of the Bloomberg administration's signature efforts to improve the educational system.

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.

A five - judge panel from the Court of Appeals, the state's highest court, upheld the appellate ruling last week, setting the stage for Friday's count.

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.

Consequently, in his her short ruling, Justice Olatoregun said: «As a result of the appeal notice that has been entered, coupled with the hearing notice slated for July 5, I am inclined to grant an adjournment in this matter for parties to ventilate their views in the appellate court.»

Late last year, the state lost one of its bargaining chips in the attempt to shut down Indian Point, when an appellate court ruled the plant is grandfathered in under the state's Coastal Management Plan, which protects wildlife habitat as well as recreational activities on the Hudson River.

In vacating his conviction, the appellate court cited a United States Supreme Court ruling that narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution.

The appellate division of New York State Supreme Court on July 28 declined to rule on the allegations in a lawsuit filed by the UFT and a coalition of community groups and parents on Jan. 5, 2010 that the New York City Department of Education was misusing hundreds of millions of dollars in Contract for Excellence funds earmarked for smaller class sizes.

The Resident Electoral Commissioner, REC, in the state, Prof. James Apam, disclosed that following the appellate court ruling that INEC can commence the recall process, the commission has fixed the last Saturday of April as the verification date.

The appellate ruling was the latest development in the legal battle between the Cuomo administration and the Coalition to Save the Children's Psychiatric Center over the proposed closure of the children's center and merger with Buffalo Psychiatric Center.

The appellate ruling led Mr. Bharara to vacate guilty pleas and convictions of at least seven other people.

The appellate division of the State Supreme Court in Manhattan ruled on Aug. 25 that the Department of Education's Teacher Data Reports should be released to the public.

«Governor Paterson's appointment of Richard Ravitch as Lieutenant Governor is legally sound and we are confident the appellate courts will ultimately rule in our favor,» said the governor's communications director, Peter E. Kauffmann.

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.

That response drew yet another from the university and its public record custodian urging the state appellate court to either protect the competitive interests of Arizona's higher educational institutions by defending «the freedom, vigor, candor and integrity of the researchers who work there» or rule on its own that «the need to protect the confidentiality and privacy of the work done at Arizona's universities» outweighs the public's right to know.

A previously unreleased version of an FBI manual (PDF), last updated two - and - a-half years after the appellate ruling, says field agents «may subpoena» e-mail records from companies «without running afoul of» the Fourth Amendment.

Within days the Home School Legal Defense Association (HSLDA), a national organization with more than 14,000 member families in California, had collected over 250,000 signatures calling on the California Supreme Court to «depublish» the appellate court's ruling, which would strip it of precedential value.

At the request of a court - appointed attorney for two of the children, the appellate court both overturned the juvenile court and took the broader step of ruling that home - schooling parents must have state teaching certification, leaving the vast majority in violation of the law.

In upholding a lower - court ruling, the appellate court said last month that the rules governing the state's Excellence in Teaching program — through which districts can receive extra aid to boost teacher salaries — deprived the excluded educators of their rights to equal protection of the laws.

The California State University system must charge out - of - state tuition to students who live in California but who are in the United States illegally, a state appellate court has ruled.

The city announced in June, prior to the appellate ruling, that it was going to «transform» 11 of the district's schools and dramatically overhaul or close 23 others under a $ 300 million federal School Improvement Grant (SIG) program.

The U.S. Court of Appeals for the Eighth Circuit upholds the constitutionality of the «off the top» funding method used to allocate Chapter 1 aid to pupils in church - affiliated schools; it is the first appellate court to rule on the question, on which federal district courts have been divided.

The U.S. Supreme Court recently agreed to review an appellate court ruling in a case (Friedrichs v. California Teachers Association) challenging the constitutionality of a California law that levies an agency fee on teachers who refuse to join a union.

She pointed out that the California Teachers Association has racked up three wins since spring, with the appellate court's unanimous ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedures.

Since then, a high - profile court battle ensued, resulting in a Superior Court judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate courts.

The measure appears to be an effort to get ahead of the appellate court's ruling.

An important school choice ruling, as a Florida appellate court has tossed an 8 - year - old lawsuit taking aim at 20 years of state education policy.

The boards of 10 charter schools appealed to the high court on Monday, saying a Franklin County appellate court ruling that says the company owns the equipment «threatens the public accountability that ordinarily accompanies the use of public funds.»

The appellate court ruled in November that, because of the contract that the boards signed with White Hat, the firm owns practically all the schools» property.