Sentences with phrase «pending appeal by»

In August 2010, California's Proposition 8 was declared unconstitutional under the U.S. Constitution in a federal court case, Perry v. Schwarzenegger, but the ruling has been stayed pending appeal by a higher court; the judge found the ban unconstitutional, ruling that «Proposition 8 disadvantages gays and lesbians without any rational justification.»

Not exact matches

In an appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An order staying further proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.&appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An order staying further proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.&appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.&Appeal dated October 30, 2015.»

A civil case pending in a state appeals court is testing the limits of the Shield Law, signed in 1970 by then - Gov.

Feinman is poised to be the first openly gay person to serve on the Court of Appeals, pending confirmation by the state Senate.

They were sentenced, respectively, to five and 6-1/2 year prison terms by Manhattan U.S. District Judge Kimba Wood, but have stayed out while their appeals were pending.

He also supported the call for Daura's arrest and called for indefinite adjournment of the trial pending when Dasuki's motion would be determined by the Court of Appeal.

Once a full plan is agreed to and approved by the court, the City will withdraw its pending appeal.

The Court of Appeal, on July 4, 2013, stayed the execution of the judgement of the Commercial Court pending the outcome of an appeal filed by thAppeal, on July 4, 2013, stayed the execution of the judgement of the Commercial Court pending the outcome of an appeal filed by thappeal filed by the NIB.

They were sentenced, respectively, to 5 - and 6 1/2 - year prison terms by Manhattan U.S. District Judge Kimba Wood, but have been free while their appeals were pending.

The decisions on Pending Disciplinary Matters and Appeals and Petitions were conveyed to the Inspector General of Police today, Friday, March 23rd, 2018 for implementation in a letter signed by Mr. Musa Istifanus, Permanent Secretary and Secretary to the Commission,» the statement read.

He expressed support for the appeal to the Supreme Court of Nigeria by the Ahmed Makarfi national faction and filling of an application for stay of execution pending the final determination of the appeal.

As of 2014, a lawsuit by the Green Party and Constitution Party for ballot access is still pending in federal court and has received an initial favorable ruling by the U.S. Court of Appeals

Mr. Silver was sentenced to 12 years in prison by the judge, Valerie E. Caproni, but he was allowed to remain free pending his appeal.

Two of Sampson's former legislative colleagues, one - time Senate leader Dean Skelos and former Assembly Speaker Sheldon Silver, both contend they should remain free pending appeal because their corruption convictions are likely to be overturned under the new rules established by the McDonnell case.

The Supreme Court had on November 12, 2015 through a five - man panel, led by now retired Justice John Fabiyi, granted an order of stay of proceedings of Saraki's trial before the CCT, pending the hearing and determination of his appeal.

The five - man panel of the ape x court led by the Acting Chief Justice of Nigeria, Justice Walter Onoghen, also, in a separate unanimous ruling, struck out all pending appeals relating to the candidacy of the PDP for the Saturday's governorship election in Ondo State.

It read, «The Court of Appeal Benin City sat in judgment, 5th July 2017, over a pending appeal challenging the ruling of Federal High Court, Warri which vacated the APC Delta State Exco led by Prophet Jones Ode Erue, and also authorised a repeat ConAppeal Benin City sat in judgment, 5th July 2017, over a pending appeal challenging the ruling of Federal High Court, Warri which vacated the APC Delta State Exco led by Prophet Jones Ode Erue, and also authorised a repeat Conappeal challenging the ruling of Federal High Court, Warri which vacated the APC Delta State Exco led by Prophet Jones Ode Erue, and also authorised a repeat Congress.

Mahmoud is also the commission's counsel in the appeal against the infamous perpetual injunction from arrest and prosecution by a former Rivers State Governor, Peter Odili, which is still pending before the Court of Appeal in Port Harcourt, many years after it was appeal against the infamous perpetual injunction from arrest and prosecution by a former Rivers State Governor, Peter Odili, which is still pending before the Court of Appeal in Port Harcourt, many years after it was Appeal in Port Harcourt, many years after it was filed.

«The suit comes up Friday May 27, 2016 for the hearing of all pending applications, including Motions for stay of proceeding / execution of the order of May 12, 2016 pending the Appeal already filed against the suit; motion to set - aside and / or vacate the order of May 12, 2016; motion for joinder of certain persons; motion on notice by way of notice of preliminary objection on ground of jurisdiction, among others.»

It was blocked by a federal appeals court pending further court challenges.

The ruling by an appeals board of the European Patent Office may apply to as many as 200 similar inventions pending in Europe, Rainer Osterwalder, a spokesman for the Munich - based agency, said today.

The Bush administration has reversed an earlier stance taken by the federal government on a legal appeal dealing with the burden of proof in special education cases, choosing to support the position taken by a Maryland school district in a case pending before the U.S. Supreme Court.

Treu put his ruling on hold, pending an all - but - certain appeal by the state and its co-defendants, the California Teachers Association and the California Federation of Teachers.

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

In that circumstance, the transferee servicer is required to treat the appeal as a pending complete application, and it must permit the borrower to accept or reject any loss mitigation options offered by the transferor servicer, even if it does not offer the loss mitigation options offered by the transferor servicer, in addition to the loss mitigation options, if any, that the transferee servicer determines to offer the borrower based on its own evaluation of the borrower's complete loss mitigation application.

The injunction — which freezes the mandate to reduce carbon pollution from the US power grid pending an appeals court ruling, presumably followed by an appeal to the high court — came on a 5 - 4 vote, just days before Justice Antonin Scalia's unexpected death roiled the national political climate.

The scientists eventually won their case in the Arizona Superior Court but it is pending review by the Arizona Court of Appeals.

Answer: No, sometimes every judge serving on a federal appellate court finds it necessary to recuse themself from an appeal pending in their court, and federal appellate judges serving on a neighboring circuit will be assigned to sit by designation to resolve the appeal.

Led by Joe Smouha Q.C. Appeal pending.

Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

I plan to also blog about Microsoft v. Motorola cases pending before three Munich - based courts (a preliminary injunction case, a related Federal Patent Court nullity action, and an appeal involving a patent narrowed by the Federal Patent Court last year).

David Bedenham (led by Philip Coppel QC) acted for X&Y and ABC in this important appeal which has established that (1) HMRC do have power to grant interim approvals to traders pending appeal to the FTT against AWRS refusals and (2) the High Court can grant an injunction to a trader pending appeal to the FTT if the trader can show that it has good grounds of appeal in the FTT and that, without interim relief, it will not be able to survice long enough to see through its FTT appeal.

The marketing of a property at an undervalue by a mortgagee in possession could not amount to oppression in the execution of a warrant which would empower the county court to allow the mortgagor back into occupation (pending appeal).

is designed to provide reporters, lawyers, educators, and the public with prompt, accurate, unbiased information about newsworthy and legally significant cases pending in and decided by the Federal Courts of Appeals... Use this Web site to find short summaries of recent opinions of public interest and noteworthy cases pending oral argument.

This is the proposal that decisions relating to a healthcare professional's health, made by the OHPA or the relevant committees of the other healthcare regulators, should be subject to the Council for Healthcare Regulatory Excellence's power to refer to the High Court under s 29 of the NHS Reform and Healthcare Professions Act 2002 (pending the GMC receiving powers to bring its own appeals against decisions of the OHPA).

Holguín says the government currently has an appeal pending on the release of minors who are accompanied by adult family members.

• Latest decision adds to split between panels, creating uncertainty pending further action by Congress or the U.S. Court of Appeals for the Federal Circuit.

In one decision (R v Maxwell [2010] UKHL 48), where an appeal by a defendant in a criminal case was dismissed, no reasons were published by the end of the year because they might have prejudiced related criminal proceedings which were still pending.

It had adjourned the enforcement action pending the decision by the Commercial Court, not the appeal in the Nigerian proceedings.

Legal Aid Center notifies attorneys by e-blast of pending appeals in need of pro bono counsel.

The issue in the case on appeal was whether the plaintiff's medical negligence claim against Dr. Sweet, an expert witness, retained by plaintiff's adversary in the pending litigation, owed a legal duty to the plaintiff.

It was held by the Court of Appeal that the Judge should have made an order for return pending the father obtaining proof that the mother and children would be sufficiently accommodated, as well as injunctive orders being obtained in advance.

We have posted over 25,000 public safety standards required by law, and we have litigation pending in the District of Columbia U.S. Court of Appeals.

Findings by the Patent Trial and Appeal Board that a number of seismic streamer patents belonging to WesternGeco LLC were unpatentable and that inter partes review petitions filed in response to a pending patent infringement lawsuit filed by WesternGeco against Petroleum GeoServices, Inc. were not time barred have been upheld by the U.S. Court of Appeals for the Federal Circuit.

The parties jointly requested a stay pending appeal, which was granted by the judge.

Importantly, because the challenge by Professor Corbally to the constitutionality of the Medical Practitioners Act 2007 and its compatibility with the European Convention on Human Rights was not determined pending the judicial review of the Medical Council's decision, the lack of appeal issue remains open.

The ONCA noted that, per rule 63.01 (1) of the Rules of Civil Procedure, such orders are not automatically stayed by an appeal — nor had the appellant father brought a motion to stay all or a part of the orders pending appeal, pursuant to rule 63.02 (1).

Pending appeals, a vast swathe of mesothelioma claims is poisoned by an uncertainty that simply did not exist at the time of the «Success Fee» mediation.

This stay order was confirmed by Judge Prowse, who then proceeded to hear the stay on the exemption order permitting Ms. Taylor to seek a physician - assisted death pending the outcome of this appeal.

8.5.1 It is the duty of counsel and solicitors in any pending appeal, if an event occurs which arguably disposes of the dispute between the parties, either to ensure that the appeal is withdrawn by consent or, if there is no agreement on that course, to bring the facts promptly to the attention of the Registrar and to seek directions.