Sentences with phrase «second appeal»

On second appeal, the court determined that in Massachusetts the «single look» approach should be used and affirmed the decision of the trial court.

Permission to bring second appeals to the CA was granted as it was argued that there was uncertainty in the way district judges should exercise their discretion.

He made a second appeal on the sidelines of the Asia - Pacific Economic Cooperation summit in November last year.

Black's second appeal to the Supreme Court proved futile, however.

Unswayed, the commish kiboshed the second appeal on April 26 and ruled that the five - game suspension would begin immediately - meaning, in effect, that Clemens would miss one scheduled start.

The second appeal is nothing short of a joke, it's nowhere near his arms.

and then a few things got in the way of my plans coming to immediate fruition — long story short my insurance changed before I was able to get the surgery and I was denied by the second appeal.

The Scottish government must decide whether to release Lockerbie bomber Abdelbaset al - Megrahi following his decision to drop his second appeal against conviction.

This is the second appeal Gillibrand has sent out in four days.

The second appeal concerned Schulz's action asking the courts to determine the eligibility of several professional classes — included elected officials, state workers and lobbyists — to serve as elected delegates to a state constitutional convention.

If on the second appeal the state board finds that granting the charter is in the public interest, it may reverse and remand to the district board «with instructions to approve the charter applicant.»

Such a request is not a second appeal, and will be granted only when the previous EEOC decision involved an invalid interpretation of material fact or law; or when the decision will have a significant impact on the policies, practices, or operations of the agency (A party may request that EEOC reconsider its decision within 30 - calendar days of receipt of the commission's decision.

Such a request is not a second appeal, and will be granted only when the previous EEOC decision involved an invalid interpretation of material fact or law; or when the decision will have a significant impact on the policies, practices, or operations of the agency (29 CFR 1614.405 b).

«Because of all these interlocutory motions — the first to strike our defence, the second an appeal of that decision and the third a motion for refusal and fourth the motion to examine Mayor Altmann of Whitchurch - Stouffville.

IMHO, the second appeal counsel as also inadequate as well.

After a retrial, the parties cross-appealed and we handled the second appeal, in which the Alabama Supreme Court ruled that Bentley was entitled to counterclaim damages in the amount it had sought.

In the second appeal of the fee award, the Fourth District, Division 2 reversed based on the prior appeal overturn.

Newcastle Upon Tyne Hospitals NHS Trust v Armstrong [2006] IRLR 124 (Court of Appeal), and on a second appeal, [2010] ICR 674 (EAT) Instructed throughout this long running equal pay case which, on appeal, raised issues of the selection of comparators and the material factor defence in equal pay claims.

Even after the first appeal, there is sometimes an opportunity for a second appeal which, if followed through on, can take even longer to complete.

On the second appeal point, the Court of Appeal concluded that the first - instance approach had been wrong:

The judgment provides guidance on what amounts to a compelling reason to bring a second appeal.

In April 2014, a second appeals court, in a 337 - page document, explained its motivations for reinstating the guilty verdict against Knox.

So it was perhaps with that in mind that the Chancellor of the High Court, Sir Geoffrey Vos, gave permission for a second appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269, so that the Court of Appeal could consider «important points of practice» arising from what constitutes «unreasonable behaviour» in the context of CPR Pt 27.14 (2)(g) in SCC cases, evidence of which would result in a costs award.

Allowing the claimant's second appeal, the Court of Appeal confirmed that there was no jurisdictional threshold requiring the applicant to show that its case has some minimal level of «arguability».

After a refusal of benefits at the reconsideration level (level two), you have 60 more days to ask for a hearing or «second appeal.»

A second appeal was dismissed: the question of occupancy should be decided at the date of trial.

Both the appeal and the second appeal were dismissed: there was no obligation on the review officer to go behind the possession order.

With respect to (1), the ONCA summarily dismissed the father's argument, noting that even more deference should be afforded to the lower courts where it is a second appeal (i.e. it has already gone through an appeal to the SCJ).

Led on a second appeal in the Court of Appeal, which is now the leading case concerning the meaning of «insolvency» in the context of avoidance claims.

The landowners filed their second appeal.

This was a second appeal by a child's grandparents.

The ONCA declined to consider the grandparents» constitutional arguments, raised for the first time on this second appeal, noting that «[i] t is rare that an appellate court will entertain such issues when they are raised there for the first time.»

In the second appeal in this long - running dispute between a commercial tenant and his landlord, Horvitz & Levy LLP obtained a ruling affirming the trial court's refusal to award attorney fees to the tenant.

This week, on her second appeal, the supreme court reached the merits and issued an opinion affirming the grounds supporting her conviction.

Yemshaw v Hounslow LBC in the Supreme Court» [2012] C.F.L.Q. 1 «Public Law in the Supreme Court 2010 - 2011» [2011] 16 J.R. 348 (with T. Cross) «Exporting Lethal Injections: Zagorski and Blaze» [2011] 16 J.R. 170 «Second Appeals and the Requirement of Certification» (2011) 127 L.Q.R. 188 «Constitutionality and Misfeasance in Public Office: Contorting the Tort?»

Second Appeal — Bankruptcy Restrictions Order — judicial bias — bias by predetermination — proper test.

In a second appeal, the husband challenged the trial court's finding after remand that would cause him to bear the majority of a retirement account's loss when entering a QDRO.

Clark's conviction was the subject of an unsuccessful appeal in 2000 (R v Clark [2000] EWCA Crim 54), which considered his evidence at length, and a second appeal (R v Clark [2003] EWCA Crim 1020, [2003] All ER (D) 223 (Apr)-RRB- which was successful for reasons unrelated to Meadow's evidence, although it was considered.

It is approximately five years since Sally Clark's second appeal was successful and she was freed from prison having served three years for the murder of two of her sons, before the conviction was overturned (see R v Clark [2003] EWCA Crim 1020, [2003] All ER (D) 223 (Apr)-RRB-.

The inspector was upheld on a first appeal and in dismissing the second appeal, Lord Justice Pill held that the inspector had incorrectly ascribed to the county court a discretion which it did not have under para 5 of the code.

The Court of Appeal gave leave for a second appeal on the ground that the case raised an important point of law.

This second appeal was quite narrow and only challenged the motion judge's disposition respecting the conspiracy claim against two of the defendants, Dr. Amann and Dr. Kribs.