Sentences with phrase «of the appellate judges said»

The biggest problem facing the ongoing Oracle v. Google retrial is that Judge Alsup doesn't seem to have swallowed the fact that the IP - specialized Federal Circuit found it hard to believe how one could get copyright law as wrong as he did in this case («confused» is what one of the appellate judges said at the December 2013 hearing).

In a dissent, one of the appellate judges said no argument had been made that the brokers used illegal means to obtain the commission, a precondition for forbidding the awarding of contingency fees.

Not exact matches

But according to the motion filed Friday, the appellate court ignored the words of Cook County Circuit Judge Dorothy Kinnaird, who said the state had «virtually no chance of success» in its lawsuit.

Speaking to NY1 Political Anchor Errol Louis, Cuomo said he will nominate appellate judge Paul Feinman to the state's Court of Appeals.

At the end of March, a panel of appellate judges dismissed Silver's appeal, saying it's up to Caproni to decide if the documents are relevant to his impending sentencing and should become public.

In asking the Court of Cassation to review the verdict, he said that the appellate judges should have held the scientists to account for failing to object to the idea of an energy discharge.

[37] While Pima County Superior Court Judge James Marner had said the university did not abuse its discretion in concluding that disclosing the documents would not be in the best interests of the state, appellate Judge Joseph Howard said it was legally irrelevant what university officials thought was appropriate to disclose.

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.

The case was hardly frivolous, with the appellate court frowning on the trial judge's finding of lack of merit based on plaintiff simply approving a form of judgment so saying — this was hardly an admission.

Given that expression of public sentiment, which it is submitted is an obvious one, the Supreme Court's judgments in Morse must raise real questions of the ability of appellate judges who are far removed from the day - to - day world of ordinary New Zealanders to interpret and apply statutes that are said to embody New Zealand values.

One appellate judge said the map was «reminiscent of a broken - winged pterodactyl, lying prostrate across the center of the state.»

Although most appellate courts believe in the curative powers of a judge's instructions, I always say it's better to be safe than sorry.

Questioned about rights of privacy, the appellate judge cited several amendments in the Bill of Rights and said, «I do think the right to privacy is protected under the Constitution in various ways.»

However — with one exception I know about — in Reilly v. Lynn 2003 BCCA 49 (Southin J.A. dissenting — though this wasn't the point of the dissent) when discussing the scope of appellate power to review lower court findings of fact, said that once upon a time it was important for that court to take into account which judge the appeal came from because of the quality of the judge — nobody says that openly.

It has been said that appellate practice is the last refuge of the generalist because appellate practitioners are tasked with communicating complicated — and occasionally arcane — subjects to a panel of generalist appellate judges, who on any given day, wrestle with a wide array of topics, ranging from land use law, family law, personal injury, and criminal law, among countless others.

â $ œJudges are going to ask a lot of questions, particularly appellate judges â $ ¦ and they actually expect answers, and they need answers, and they want answers, and lawyers who donâ $ ™ t answer the question, which is the large majority [of lawyers], lose points, because what it tells me is there is no good answerâ $» your case is indefensible, â $ Michel said.

The appellate court sent the case of Carey v. Wolnitzek back to U.S. District Judge Karen Caldwell to determine the meaning of the word «issue» in the Kentucky Supreme Court rule that prohibits judicial candidates from saying how they will rule on «issues.»

As it seems that Canadian appellate and trial judge are too often willing to ignore semantic accuracy, in the interests of (so it is said) justice, and so prove Humpty Dumpty right, then why should we mere Canadian lawyers care?

«This favorable decision is the result of excellent work by our appellate attorneys and reflects the overall strength and experience of our appellate practice group,» said Joseph Hatchett, Chair of Akerman's appellate practice group, former Chief Judge of the United States Court of Appeals for the Eleventh Circuit and former Florida Supreme Court Justice.

Previously, the report concluded that two key authors — Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor — violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter.

«Inertia» is merely a shorthand way of saying appellate judges intuitively feel that merely concluding a dispute often has great value.

Any finding by a trial or appellate judge that a prosecutor has improperly lied to the court about material issues, or who has knowingly withheld exculpatory evidence, shall be reported by the presiding judge to the Bar Counsel for investigation and said report shall be part of the public record.

«I can't think of very many people I have met in this profession who are more qualified or more suited to be a federal appellate judge than she is,» Sinclair said.

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

That, for suits of all sorts, criminal as well as civil, there be two instances, or say stages, or degrees, of jurisdiction: style and title of the judges, before whom the suit is brought in the first instance, judges immediate — of those before whom it is brought in the second instance, or say in the way of appeal, judges appellate.

In particular, the job of an appellate judge is said to involve endless reading.

And how do you respond to those who say that the best way to remedy the problems associated with the Ninth Circuit's large size is to reorder the size and composition of all the federal appellate courts, a remedy that would increase the number of judges serving on, and the geographical boundaries of, the First Circuit?

Let's say, hypothetically speaking, that a 51st State is created and you are put in charge of deciding the method for selecting that State's appellate judges.