Then, when they lose
on appeal in a more thorough opinion, they are satisfied that, at a minimum, their position was understood and carefully considered.
When building portfolios, most investors tend to focus
on the appeal of return over risk.
It must accordingly take
on the appeal by stepping into the same shoes as the former litigation guardian, and assuming her outstanding obligation for trial costs.
You must file a written request for an external review within 60 days of the date your insurer sends you a final
decision on your appeal.
Our appellate attorneys have represented clients
on appeal for over 25 years.
Many good articles have been written about effective appellate advocacy, and following such advice will strengthen the odds of
winning on appeal.
In the broader perspective, we were disappointed in the ultimate result on the constitutional issue
raised on appeal.
The plaintiff's other
arguments on appeal were also rejected by the state supreme court, and they will be unable to recover compensation for the injuries suffered in the fall.
It has since been cited with approval in a number of
judgments on appeal and appears in several works on the law of equity.
For counsel representing a respondent, you send me the appellant's
record on appeal and appellant's opening brief and any documents you feel the appellant failed to include.
Yet, as one recent personal injury case demonstrates, following the procedural
rules on appeal is extremely important.
«The government has not met its burden of showing likelihood of
success on appeal on its arguments with respect to the due process claim,» the judges wrote.
In fact, many attorneys do not ever have the opportunity to
work on appeals.
Despite noting that the respondent father was «entirely
successful on appeal», he was awarded costs of only $ 2500.
The maintenance calculation can not be
challenged on appeal and the legislation does not spell out any appeal grounds.
What doesn't really get reported in the headlines is that often these huge sums can be vastly
reduced on appeal.
Many recent economic tort cases have failed if not at first instance,
then on appeal.
The husband did
succeed on his appeal in having the ex wife's spousal reduced for her lack of diligence in finding herself a full time job.
And it is the litigator who makes the particular tactical choices that result in the case as it appears before the
judge on appeal.
At trial, we obtained a directed verdict on the design claim and a defense jury verdict on the warning claim, which were both successfully
defended on appeal.
Indeed, the issue of justification — rather than that of engagement — may turn out to be the ultimate issue if the case
goes on appeal.
In addition, plaintiff was awarded
costs on appeal as the prevailing party.
[14] On this appeal, the appellant has not identified an error of principle in the decision of the case management judge.
Nor do I make any criticism of the conduct of the appellant's paralegal that represented him at his trial (the same paralegal that represents the
appellant on this appeal).
Even on appeals courts, where ideology or partisan identification plays a greater role, the process is more complicated and collaborative than many politicians and interest groups imagine.
In fact, even damages awards that are delivered after a full trial can be subject to
reversal on appeal.
The defendant
claimed on appeal that there was no evidence that anything could have been done differently had the surgery consultation been done the same day.
Any argument that ultimately
rests on appeals to feeling, emotion, or faith is not a natural - law argument.