Not exact matches
A majority
of the
judges on a federal appeals
court seemed skeptical
of the government's defense for President Donald Trump's executive order restricting travel, during courtroom arguments Monday.
In a decision released by the Baltimore Circuit
Court,
Judge Martin P. Welch wrote that the 35 - year - old was being granted a new trial because his initial council failed to properly cross-examine an expert from the state about the reliability
of cell tower data that
seemed to place him at the scene
of the crime.
There was the Superior
Court judge in Ontario who ruled that Ottawa had «failed in their duty
of care to indigenous peoples» in one case pertaining to the Sixties Scoop which hardly
seems sufficient language for the intergenerational pain that was inflicted but I'm glad for it.
It thus
seems that, even on our divided Supreme
Court, a majority
of judges (on both ends
of the political spectrum) evince a growing appreciation
of intermediate associations, including religious ones.
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.
Unlikely as this
seems, it might make sense both in terms
of reducing the partisanship
of the
court's
judges and in terms
of depoliticizing the process
of selecting them.
Local voters
seemed to be much more forgiving
of their last MP than the media, or the high
court judges who decided his fate.
Attorney General Eliot Spitzer collects the Working Families Party endorsement for gov — but
seems to forget the ruling
of State Supreme
Court Judge Bernard Malone re David Soares.
Federal appeals
court judges don't
seem eager to embrace the arguments
of lawyers seeking a new trial for Republican former New York Senate leader Dean Skelos.
About the only person who
seemed determined to treat Mr. Bharara's appearance as a nonevent was Mr. Cuomo, who sat facing Mr. Bharara but did not speak to him at the swearing - in ceremony
of Janet DiFiore, the state's new top
judge, at the
Court of Appeals.
Federal appeals
court judges do not
seem eager to embrace the arguments
of lawyers seeking a new trial for former New York Senate leader Dean Skelos and his son.
«As a lawyer, President Akufo - Addo is an officer
of the
court and should, therefore, be concerned when the
court is physically attacked and the Presiding
judge threatened, but President Akufo - Addo doesn't
seem to care,» Mr Portuphy said.
New York's top
court on Tuesday heard arguments on the controversial issue
of aid in dying, and
judges seemed skeptical during questions from the bench.
«My general impressions, I was surprised that how this was being treated as an actual trial, a
court trial, as far as the questioning and examining was going and that it
seemed as if the Commissioner was acting as a
judge, getting advice from her own legal counsel at times,» said Scott, «and just the level
of detail and scrutiny was much more than I had expected.»
«You don't
seem like a bail jumping kind
of guy,» Caproni said in
court Friday, sounding like TV's
Judge Judy.
In a decision that
seems to recognize chimpanzees as legal persons for the first time, a New York
judge today granted a pair
of Stony Brook University lab animals the right to have their day in
court.
As to the outcome
of the appeal, I have read both the State's appeal and GYRO's response and my opinion, having absolutely no legal background, is that I don't see that the State has much
of a case; they
seem to have thrown themselves on the mercy
of the
court and asked the
judge to be «fair» to the people
of New York who will have to pay the large settlement cost.
Well
seems Jack Thompson might not be much
of a problem in the near future, the Anti-Game Lawyer has reason to be a little embarrassed this week as The Florida Supreme
Court approved a recommendation made by
Judge Dava Tunis earlier this year, a recommendation that Jack Thompson receive a permanent disbarment with no opportunity for reinstatement.
Over the course
of three years, I had the opportunity to meet with
judges from the Supreme
Court of Canada, academics and students from across Canada and lawyers from what
seemed like every corner
of the law.
Seems that Den Hollander won't find vindication for men's rights any time soon because last week,
Judge Lewis Kaplan
of the United States District
Court in Manhattan summarily dismissed Den Hollander's case, reports the New York Times City Room Blog.
In the face
of two mutually incompatible positions, the proposal for a joint
court composed
of both UK and EU
judges seems to be a potential compromise.
Chief
Judge Rader doesn't
seem to always like the Supreme
Court's patent - related decisions, but that philosophical disagreement may be part
of the reason why the Supreme
Court has to review Federal Circuit decisions so frequently.
Since the Chambers
Judge's order «would
seem to prevent the Province from pursuing all enforcement remedies against [the Respondent], regardless
of whether they relate to a specific
court proceeding», the Court of Appeal agreed the order inappropriately restrained the lawful conduct of a government official and was, therefore, in the nature of an injunction against the C
court proceeding», the
Court of Appeal agreed the order inappropriately restrained the lawful conduct of a government official and was, therefore, in the nature of an injunction against the C
Court of Appeal agreed the order inappropriately restrained the lawful conduct
of a government official and was, therefore, in the nature
of an injunction against the Crown.
Against that background, Apple only asked for 60 cents per device from Motorola (which still
seemed too much for
Judge Posner, though not for the appeals
court), less than one - twentieth
of its per - unit damages demand from Samsung in the current case, in which Apple pursued a broader claim construction that enabled it to claim ownership
of the whole feature as opposed to a particular internal architecture that can be avoided.
It
seems to me that the issue is one
of scarcity — that Ontario is under - resourced in terms
of managing the existing number
of matters in terms
of judges,
court resources, support staff, et cetera.
In both
courts, the instruction
of a case is led by a
Judge rapporteur (JR) nominated by the relevant President according to unknown criteria (even though specialisation would
seem to be taken into account at times).
Part
of the problem for participatory fathers, though, is that their role in the family is essentially a revocable parole, in that
courts that have not adapted to the new realities:
judges can — and all too frequently do — turn them into Mr. Every - Other - Weekend, no matter how extensive their former role in the family, results which
seem to be coming from both the traditionalist and modern progressive sides
of the bench.
The time
seems therefore ripe for a book like the one under review here, which is a volume
of collected articles, edited by Maurice Adams, Henri de Waele, Johan Meeusen, and Gert Straetmans, fittingly entitled
Judging Europe's
Judges: The Legitimacy
of the Case Law
of the European
Court of Justice (Hart Publishing 2013) examining the legitimacy
of the Luxembourg
Court in areas as diverse as the internal market, citizenship, or the EU's external relations.
«In short, despite the goals
of the Child Protective Services Law, the trial
judge seems to have done everything in her power to alienate these parents from their child, appears to have a fixed idea about this matter and, further, she prohibited evidence to be introduced that might have forced her to change her opinion,» the appeals
court said.
A notable feature
of the solution found by the
Court seems to be once again the importance given to judicial review and the reliance on
judges.
The
Court of Appeal in Imerman therefore
seems to be suggesting that if wives discover documentation, they are to rely upon their memory
of the documents seen or embark upon a course
of action well after the horse has bolted which could prove prohibitively expensive, and which has previously been
judged «oppressive» and «a rare weapon for use in extreme or exceptional circumstances» (Burgess v Burgess).
As Linden noted: «This may
seem trivial, but when the Attorney General is the chief prosecutor in the
Court,
judges having to routinely use the Ministry's letterhead does not contribute to the image
of the
judges being separate or independent from the government.»
Considering that the same district
court allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retr
court allowed Apple to leverage a couple
of recent Supreme
Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retr
Court opinions concerning fee - shifting in connection with its pursuit
of a recovery
of attorneys» fees from Samsung, it would
seem just fair for Samsung to be allowed to make an Alice argument now, just in time before
Judge Lucy Koh will decide on the parties» motions for judgment as a matter
of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrial).
I've been reading a lot
of judges» decisions recently, and I've noticed a type
of comment that comes up frequently: comments that
seem to only be provided in order to make it more difficult for an appellate
court to overturn their decision.
The issue
of gaga
judges seems to afflict the US Supreme
Court, where lifelong tenure and the prospect
of political pitched battles keeps
judges sitting long after their best - by datesSee Supreme
Court Senility or the even more provocative Slate piece on Chief Justice Rehnquist's penchant for serious prescription drugs.
That doesn't
seem fair: As the Times story points out, «New York's
courts have overlooked misconduct like lawyers» solicitation
of minors for sex, efforts to deceive
judges and possession
of cocaine.
Because it
seems so evident that this
judge is unwilling to follow the rules and has a hostility against you to the point
of threatening to hold you in contempt simply because you are asking her to follow the rules on your motions, you have the right to file a complaint against this
judge with the state supreme
court judicial commission.
The High
Court judge, Mr Justice Francis, said that Parliament can not have intended for legal aid not to be available in such cases: «However, it does
seem to me that when Parliament changed the law in relation to legal aid and significantly restricted the availability
of legal aid, yet continued to make legal aid available in care cases where the state is seeking orders against parents, it can not have intended that parents in the position that these parents have been in should have no access to legal advice or representation... I am aware that there are many parents around the country in similar positions where their cases have been less public and where they have had to struggle to represent themselves.
With the focus on the
court today, it
seemed like the right time to offer up a bit
of quick research on agreement among the
judges.
The trial
judge's statement
of when the but - for test «may be relaxed», if it is intended to relate back to the material contribution test — as it
seems to be — amounts to a version
of the claim that the Alberta
Court of Appeal made in Resurfice, which the Supreme
Court expressly rejected.
If, as
seems to be the case, the trial
judge in the new Fisher trial did apply the Snell robust and pragmatic common sense approach, then, assuming there is an appeal and assuming that Aristorenas is still good law once Clements is decided, the
Court of Appeal may have to determine whether Fisher is consistent with Aristorenas.
What
seems less unclear is the impropriety
of a
judge wearing this piece
of paraphernalia in the
court room he was presiding over.
I have spent many years in criminal
courts watching evidence that at first sight
seemed persuasive, truthful and accurate disintegrating under cross-examination conducted upon the instructions
of one
of the parties... Perhaps the key task facing a
judge in evaluating evidence is to determine accuracy and reliability.
Seems that some parliamentarians are going to get to see whether Prime Minister Harper's nominee for the Supreme
Court has the Latin, all in front
of TV cameras so we can
judge the coal miners for ourselves.»
It
seems likely that
judges in all
courts (criminal, family and civil) will be increasingly wary in future
of allowing expert evidence alone to determine crucial disputes as to fact and causation.
Although Hawaii
courts may refer to property a couple acquires after marriage as «marital property,» the law in Hawaii allows a
judge to divide all
of a couple's property in any manner that
seems fair, regardless
of which spouse actually owns it or when it was acquired.
3) It
seems to me that
Judge Sotomayor's dissent can be called «pro-appellate review
of district
court reasoning.»
Mind you, all
of the
judges in various
courts so far who have heard IRP appeal cases
seem balanced, decent and fair.
As for the outcome at the Supreme
Court of Canada, we admit that we like the Supremes in that their decisions for the most part tend to back personal liberties over state intrusion and from our perspective all
of the
judges seem very balanced, decent and fair.
«But ATRA is hopeful that reasonableness will ultimately win the day, and that senators will confirm
Judge Gorsuch fairly soon so he can hear arguments and weigh in on critical high
court cases revolving around the due - process violations that result from personal injury lawyers» forum - shopping, as well as National Labor Relations Board actions that
seem to fly in the face
of the frequently upheld Federal Arbitration Act.»