Sentences with phrase «success on appeal»

[35]... A stay should not be regarded as an expression by this Court of any considered opinion with respect to the prospect of success on appeal, except as an indication that there is an arguable appeal.

an applicant must show that: 1) there is an important question of law or precedent of importance to the practice; 2) there is a reasonable chance of success on appeal and; 3) the delay will not unduly hinder the progress of the action or cause undue prejudice to the parties (at para. 11, citing Jeerh v.Yorkton Securities Inc., 2005 ABCA 64 at para. 27).

Remember once again, the appellate judges will not know this case as well as appellate counsel and the client know it, and that necessarily impacts the chances of success on appeal.

They need to think worst case and objectively evaluate the likelihood of success on appeal in light of everything, including all «bad facts.»

They explain the approximately fifteen months of delay on the basis that, prior to Resurface [sic], conflicting appellate authority on causation made success on appeal very uncertain.

Quinn Emanuel also has an unparalleled record of success on appeal in environmental litigation.

Yet Justice Veldhuis does seem to acknowledge there is an arguable point on whether the 8000 resident threshold is merely an aspirational target or a hard cap (at para 41) but then goes on to more or less crunch the numbers and conclude this development project is not going to push Banff over 8000 permanent residents and therefore this issue has no chance of success on appeal (at paras 42 - 44).

But the really exciting part is integrating those data to draw new insights — for example comparing judge tendency to affirm or reverse on findings, or refining an estimation of success on an appeal issue by focusing only on similar business - debtor, Chapter 11 cases.

In our experience, even with cases handled internally by our firm, there is no substitute for a fresh pair of eyes in determining whether to appeal and which issues have the greatest chance of success on appeal.

It also finds that readability has a stronger relationship to summary judgment success in federal courts than in state courts.2 After several earlier studies of appellate brief quality and success on appeal yielded conflicting results, our finding paves the way for additional research.

& Process 145, 145 - 47 (2011)[hereinafter Long & Christensen, Winning an Appeal](finding no statistically significant relationship between appellate brief readability and success on appeal); Lance N. Long & William F. Christensen, Clearly, Using Intensifiers Is Very Bad — Or Is It?

L. Rev. 171, 171 - 73 (2008)[hereinafter Long & Christensen, Using Intensifiers](finding a statistically significant relationship between the use of intensifiers in appellants» briefs and success on appeal).

L. Rev. 171 (2008)(measuring the relationship between the use of intensifiers in appellate briefs and success on appeal).

David Pannick will again be briefed... Observers had reckoned on a less than evens chance of success on appeal but that was before the Lord Chancellor's 24 October 1985 letter to the Law Society — «We had thought it was within the courts» discretion to allow solicitors to appear before them...» 8 November 1985 (135 NLJ 6228, p 1096).

Trial counsel may also retain us early in the litigation process, to help position the case for ultimate success on appeal.

The court found that neither party had any complete success on the appeal, and held that the beneficiary and the executrix beneficiary should be awarded special costs to be paid out of the estate.

«The government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim,» the judges wrote.

The NCAA had struggled to win in court, but has had much more success on the appeals level.

Not exact matches

«To raise money successfully,» said the senator, «a political party must appeal to Canadians of ordinary means... The Conservative party's fundraising success is built not on the depth of our donors» pockets but on the breadth of our donor base and that is what the other parties do not understand and why they are lagging behind.»

They show, on every page, that not only is it possible to succeed by appealing to the good side of human nature, but that the resulting success is easier to achieve and more satisfying, far outdistancing the outcome of «take - the - money - and - run» approaches.

He has been instrumental in some of the Firm's biggest successes, such as In re Comverse Technology, Inc., in which Pomerantz obtained one of the largest recoveries for shareholders from an individual; and In re Chesapeake Shareholder Derivative Litig., which came to fruition thanks to Mr. Gross» diligence in pressing for the case to be heard on appeal.

• The future success of mainline Protestantism depends in part on its ability to appeal to the concerns and interests of thoughtful Christians.

The liberal church's success in the future will depend very much on whether liberal clergy have a vision to express; whether they will be able to appeal to people's moral imagination.

The carefully crafted appeals to come forward at a crusade are often emotional in nature, based on success stories of people who converted, or tales of woe about people who did not.

And the astonishing success of the Franciscan movement, which was based on the principle of nonviolence, demonstrates that this «evangelical sweetness» carried a permanent appeal for the people of the church.

The Tenth Circuit Court of Appeals refused to grant Hobby Lobby an injunction against the mandate, ruling that the craft chain «has not demonstrated a substantial likelihood of success on the merits» of the case.

Noting the challenges many baking companies, including Aunt Millie's, are experiencing in pursuit of growth in the bread category, Ms. Dunning said success moving forward will depend on introducing more new products that appeal to consumers with changing interests.

Johan Schwartz, Marketing Manager of the Pinotage Association, added that it is important to build on previous successes and to grow the brand - appeal by embracing new initiatives and wine styles to broaden the consumer base.

The new brand is poised for success with a partnership with superstar Nicki Minaj, appealing packaging and delicious flavors based on the fastest - growing wine varietal in the U.S.

Manchester United will be without Phil Jones in their opening Champions League match after withdrawing their appeal to overturn a two - match European suspension sanctioned on the defender amid allegations he abused an official following the club's Europa League final success last May.

It was a commercial success for him going close to the top of the UK singles chart in 1978 at a time when his career and teenybopper appeal appeared to be on the wane.

«My ambition is to commemorate this anniversary with minimum or no burden at all on the national treasury... this must be a Ghanaian undertaking in its true sense and I am appealing to all Ghanaians to chip in to make a success of this important undertaking,» the President said in February.

The 74 - year - old senator's success, including his upset victory in the Michigan primary last week, has been fueled by his appeal to younger voters, who so far have resisted Clinton's efforts to reach out to them through targeted TV ads and an increased focus on issues such as student debt.

Universal basic income is progressive and radical enough to appeal to active left - wingers, but foolish enough — depending, as it does, on tax increases for all — to ensure the left is incapable of electoral success.

Ms. Elia sided with Success on two smaller issues in its appeal.

There have been some successes of course, and Clegg appealed to voters not to judge his party on one failed policy — which must have been a reference to tuition fees — and to look to the «countless» policies that have worked out.

But he was electric on the campaign trail and there is little doubt that Respect's greatest successes were largely due to his charisma and personal appeal — particularly for young Muslim voters.

New Labour's appeal was based on an explicit acknowledgement that success, ambition and the pursuit of wealth are all Good Things.

«We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we, therefore, deny its emergency motion for a stay.

After Murphy dismissed the lawsuit, Onondaga County Executive Joanie Mahoney called on Miner, a lawyer, not to appeal, saying an appeal would have no chance of success and would hurt efforts to lure developers to the city.

Success» CEO, Eva Moskowitz, recently appealed to Elia to intervene on behalf of the network in a fight over pre-kindergarten contracts with Mayor Bill de Blasio, her primary political foe.

«I firmly believe that a fight to the state's highest court, the Court of Appeals, would provide the opportunity to make a strong argument to keep me on the ballot and had a good chance of success.»

«Challenges are an appealing alternative to traditional research grants because «you're only paying for success,» Christopher Frangione, XPRIZE's vice president of prize development, told members of the space, science, and competitiveness subcommittee of the Senate commerce committee on Tuesday.

Moving on from his success with SNAP, Darrell wanted to branch out of the dating scene while applying some of the «fun» aspects of dating websites and apps that make them so appealing and successful.

There are practical things you can do to become more appealing online and up your success rate on dating websites.

Once a film franchise has established itself, other similar franchises often follow it, haging on the coattails of its success and trying to cash in by appealing to the same audience.

It's a gloriously written film, with jokes that are crafted rather than excavated from reams of on - set improvisation1; the success of the punchlines is scattershot and up for debate (connoisseurs of the Borscht belt should find much to admire, but a rehash of Lloyd's lovesick daydream flatlines, due in no small part to an overestimation of the comic chops and kitsch appeal of Honey Boo - Boo's mom), yet there is something bracing about its structural classicism after the last few years of watching the Church of Apatow whack off.

After the runaway success of many YA adaptations over the last few years, it was just a matter of time before their appeal died down and after The Divergent Series: Allegiant opened to poor box - office last weekend, it seems the strain is well and truly showing on the sub-genre.

Turbo Super Stunt Squad, the movie tie in game doesn't have the appeal of the film, and is once again another below par attempt at cashing in on a film's success.

On the contrary, his continued success depends on him making a variety of pictures, and if this kind of story appeals to him along with having Boseman's built - in star power, then it makes sense why he would want to helm the picturOn the contrary, his continued success depends on him making a variety of pictures, and if this kind of story appeals to him along with having Boseman's built - in star power, then it makes sense why he would want to helm the picturon him making a variety of pictures, and if this kind of story appeals to him along with having Boseman's built - in star power, then it makes sense why he would want to helm the picture.