Sentences with phrase «second issue on appeal»

Not exact matches

The football world seemed ready to put this issue to rest, but on Monday morning, the Court of Appeals for the Second Circuit reversed Judge Berman's ruling and ordered the reinstatement of Tom Brady's 4 - game suspension.

Second, it gave parents and schools the right to go to an administrative hearing (and then on appeal to courts) on any issue related to the child's right to a free, appropriate education in the least restrictive setting.

Abuse of process: The court held further, however, that the bias issue was moot because of its conclusions on the second ground of appeal.

On April 25, 2016, the U.S. Court of Appeals for the Second Circuit reversed the District Court's decision and restored the suspension issued by NFL Commissioner Roger Goodell to New England Patriots» quarterback Tom Brady in the «Deflategate» scandal

On appeal, Esso argued that he was denied a fair trial when the district court allowed the jury to take home the copy of the indictment — an issue that the Second Circuit said appeared to be one of first impression in any federal or state court.

This is the second time that the ECJ was confronted with the issue of trade in seals, after having dismissed an earlier appeal to the order of the General Court in an action for annulment of Regulation No 1007/2009 on the basis of lack of admissibility (Case T - 18 / 10, Inuit Tapiriit Kanatami I, EU: T: 2011:419).

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 cAppeal), 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 cappeal, [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 cappeal, raised issues of the selection of comparators and the material factor defence in equal pay claims.

This decision led to other significant victories, including in the Second Circuit Court of Appeals, on behalf of sureties on notice issues.

On the second issue, TCHC argued that Boyce was attempting to appeal the claims adjudicator's decision to the human rights tribunal rather than following the appropriate WSIB channels.

Second, the judge said, an error was made by the Court of Appeal when ordering that the English Commercial Court should decide the fraud issue as involving an adjournment of the decision on that issue within the terms of s103.

In the second case, SAS Institute, Inc. v. Iancu, No. 16 - 969 (U.S. Apr. 24, 2018), the Court rejected the USPTO's interpretation of 35 U.S.C. § 318 (a), which requires the Patent Trial and Appeal Board («PTAB») to issue a final written decision on the claims challenged by a petitioner at the conclusion of an IPR trial.

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

As expected, the U.S. Court of Appeals for the Second Circuit has today issued a revised version of its decision in Higazy v. Templeton: On page seven, today's version of the opinion states, «This opinion has been redacted because portions of the record are under seal.

On January 17, 2017, the Court of Appeals for the Second Circuit issued its long - anticipated opinion in Marblegate Asset Management, LLC v. Education Management Finance Corp., ruling that Section 316 (b) of the Trust Indenture...

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

The district court can still go on to issue its final decision, and even if it's in line with SCOTUS as it must be, then surely the losing side can appeal that to the 9th circuit and then do we go back to SCOTUS a second time for the final ruling?

In light of the agreement of counsel as to the issue to be argued before the Second Motion Judge, this appeal falls to be determined on whether or not the Second Motion Judge erred in concluding that the amendments to the statement of claim did not constitute a new cause of action.

This is the second appeal since Leanne Tran, the appellant, issued a statement of claim on January 11, 2013.

The Developers appeal, raising two grounds: first, that the judge erred in excluding evidence on the issue of reliance on the part of the Investors; and second, that the judge erred in his determination of compensation by choosing the incorrect date to assess the Investors» losses and by not limiting them to those caused by the misrepresentation.

Like its predecessor, the second - generation Nest Protect elevates the aesthetic of the standard issue detector, but its balances that appeal with a set of connected features that let you control the Protect remotely via your mobile device or your account on the Nest Web page.

How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: [phone] Cell Phone: [phone] Fax: [phone] E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request