Sentences with phrase «setting appellate decisions»

Over the years, we have also successfully defended high - profile sexual misconduct claims that resulted in precedent - setting appellate decisions in the areas of repressed memory and statutes of limitations.

Not exact matches

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

The governor, through his counsel, Mr Victor Paul, prayed the appellate court to set aside the decision of the lower court.

An appellate court upheld the decision, setting up a 2016 showdown before the state supreme court.

If the defendant disagrees with the decision set forth by NAD, then they will go before NARB, which is the appellate body for advertising industry self - regulation (see Blue Buffalo vs. Hill's Pet Nutrition).

The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.

Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).

In a rare appellate court decision, the Court of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a decision by the Alberta Securities Commission and has held that any monetary penalties levied must be proportionate to the circumstances of the offender and supported by reasons.

Smith's Blawg Review # 123 is styled as an appellate decision that sets a great precedent for future Blawg Reviews by covering a wide range of subjects, from the Nixon Peabody theme song debacle to judges who write and cite law blogs.

Following the precedent set by the decision of the Supreme Court in Montgomery v. Lanarkshire Health Board [2015] UK SC 11, the case constitutes the first appellate decision where the Court of Appeal has emphatically ruled in favour of patient choice.

A recent Utah Supreme Court decision sets forth a good example of how not to use out - of - state authority when writing an appellate brief on a question of first impression.

The amount awarded in appellate decisions set out above contrast with older Court of Appeal decisions.

If so, the master's decision is set aside and the appellate Court may substitute its own decision.

However, a much different set of constructs governs fee awards at the federal level, as a recent federal appellate decision reveals.

These have resulted in reported appellate decisions, with several setting important legal precedent, including:

In coming to its decision, the Court of Appeal held that the administrative law framework set out in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 applied, rather than the «appellate» framework, as an appeal of an insurance arbitration reviews the decision of a non-judicial decision maker.

Karnow also wrote a published paper on bail reform that has been quoted widely in appellate and federal decisions requiring trial judges to consider a defendant's ability to pay in setting bail — an issue of great concern for citizens of color and LGBT people, many of whom lack the resources to post high bail amounts.

I used «aberrations» to describe trial decisions above, because, so far, where the the plaintiff succeeded at trial and the causation issue was decided on Resurfice «material contribution,» and the case was appealed, the appellate courts have set aside that finding and either affirmed the conclusion on the basis of «but - for», or dismissed the action if they did not.