Sentences with phrase «prior opinion of this court»

(c) If an opinion which conflicts with a prior opinion of this Court has been issued fewer than thirty (30) days before the issuing panel makes a recommendation for an en banc hearing, the issuing panel shall vacate and withdraw the conflicting opinion, pending the full Court's determination on whether to consider the case en banc.

Justices Alito and Scalia explored what the principle was for ignoring stare decisis in this case, and pondered the effect of prior opinions of the Court on Harris.

Not exact matches

Swaying the court of public opinion, and grandstanding for any advantage prior to trial, is a hallmark of any good lawyerly «competitor».

Prior to joining Haynsworth Sinkler Boyd, he served as a Judicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District Court for the District of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted opinions and orders on a wide array of legal issues.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

Prior to joining the Firm, Janelle served as a judicial law clerk for Honorable Judge William Hughes, Hamilton County Superior Court in Indiana where she performed legal research in the preparation of memoranda, opinions, or orders for Judge Hughes concerning various cases before him.

On February 1, 2017, the Ontario Court of Appeal released its opinion in R v Paryniuk, 2017 ONCA 87 affirming the residual discretion of a reviewing judge on an evidence exclusion motion to vitiate a warrant to protect the integrity of the prior authorization process.

Prior to Mukasey's opinion, many federal courts and the Board of Immigration Appeals held that immigrants denied competent counsel could reopen their cases on constitutional grounds.

The court's two 7 - 2 decisions — authored by Ruth Bader Ginsburg and John Paul Stevens, respectively — contained no rousing rhetoric; they methodically built on the logic of two prior opinions.

On May 21, 2014 the Court of Appeals slightly modified its prior published opinion in the case of Teeter v. Teeter, 408 S.C. 485, 759 S.E. 2d 144 (Ct..

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E. 2d 419 (2014), completely reverses the prior Court of Appeals opinion and reinstates family court's alimony, property division and attorney fee aCourt opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E. 2d 419 (2014), completely reverses the prior Court of Appeals opinion and reinstates family court's alimony, property division and attorney fee aCourt of Appeals opinion and reinstates family court's alimony, property division and attorney fee acourt's alimony, property division and attorney fee award.

The actual cause of concern is rather a scenario in which, because of a prior reference to the ECJ by a lower court, under the CILFIT doctrine a supreme court would no longer be bound by Art. 267 TFUE and could therefore come before the ECtHR for a «second» preliminary opinion.

In the opinion of the Vilnius Regional Administrative Court, a petitioner, such legal regulation means that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, are not considered as citizens of the Republic of Lithuania.

In a set of five separate opinions spanning over 140 pages, the appeals court rejected the current PTAB requirement that the patent owner bears the entire burden of proving that proposed amended claims are patentable over the prior art.

The site lists pending and prior - term cases, with a story on each case, additional feature stories on selected cases, links to Web sites relevant to the cases, information provided by attorneys and parties in the cases, the dates for scheduled oral arguments, the questions presented to the court, names of the attorneys in the cases, and citations for the lower court opinions.

By Opinion dated October 24, 2017, the Michigan Court of Appeals recently affirmed a prior trial court victory achieved by the Lipson, Neilson team in obtaining summary dismissal of a legal malpractice claim on the ground of collateral estoCourt of Appeals recently affirmed a prior trial court victory achieved by the Lipson, Neilson team in obtaining summary dismissal of a legal malpractice claim on the ground of collateral estocourt victory achieved by the Lipson, Neilson team in obtaining summary dismissal of a legal malpractice claim on the ground of collateral estoppel.

(2) In the case referred to in the preceding paragraph, the record referred to in said paragraph shall have attached thereto a document stating an opinion of the court of prior instance with regard to the appeal case and materials that serve as a reference in the proceedings of the appeal case.

The Court was of the opinion that, prior to the motor vehicle accident, the Plaintiff had planned to work full time until he reached the age of 65, but the Court did not feel that this was realistic given his injuries.

To the extent that Palmer suggests a generally applicable proposition that legislative purpose is irrelevant in constitutional adjudication, our prior cases — as indicated in the text — are to the contrary; and, very shortly after Palmer, all Members of the Court majority in that case joined the Court's opinion in Lemon v. Kurtzman, 403 U. S. 602 (1971), which dealt with the issue of public financing for private schools and which announced, as the Court had several times before, that the validity of public aid to church - related schools includes close inquiry into the purpose of the challenged statute.

Prior opinions issued by many state courts have found class arbitration waivers unconscionable and have allowed class actions despite the existence of an express agreement in consumer contracts barring them.

This unique rule dates from a time when the California Supreme Court reviewed trial court decisions de novo, so that its agreeing to hear a case effectively nullified the prior opinion of the intermediate appellate court in the maCourt reviewed trial court decisions de novo, so that its agreeing to hear a case effectively nullified the prior opinion of the intermediate appellate court in the macourt decisions de novo, so that its agreeing to hear a case effectively nullified the prior opinion of the intermediate appellate court in the macourt in the matter.

Served as Law Clerk to the Civil Judges of the Richmond Circuit Court; researched and drafted opinions; reviewed and prepared the judges prior to motions hearing and trial

He is their master stick - handler, but a pissed off consumer could lay a big body check on him in the court of public opinion prior to launching a court case against him and his money - grubbing Zookeepers.

Another reason to have a Florida attorney is because this area of Florida real estate law springs in large part from an analysis of prior case precedent, and finding arguments in past court opinions that apply and strengthen the selective enforcement defense of a new matter.