Sentences with phrase «successful appeal in our case»

Not exact matches

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

Silver's successful appeal was based on a 2016 US Supreme Court ruling that reversed the conviction of former Virginia Gov. Bob McDonnell and limited the definition of «official act» in a corruption case.

Specifically in this case, young comedian Floyd Mooney (Jay Pharoah) wrestles with whether to semi-abandon his modestly successful career telling jokes to black audiences and pursue a film career in which he might achieve major fame and fortune by appealing to mainstream audiences.

«The Court of Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»

This isn't a bad thing as self - publishing offers many advantages, and in a lot of cases, successful self - published authors are offered contracts with publishers because of their existing author platforms as they've proven their appeal.

Her appeal to their lordships was successful (see 156 NLJ 7229, pp 981 — 83); but on the issue of conduct in that case — the husband's adultery after a short marriage — their lordships were unmoved.

He has also handled major litigation, including successful defense of a lender in a $ 250 million lender liability case and presentation of cases in the United States Supreme Court, the California Supreme Court, the United States Court of Appeal for the Ninth Circuit, and the California Courts of Appeal.

On the facts of these appeals, it seems reasonable to infer that recognizing interest as an expense would lead to a transfer of resources between classes of parties in which unsuccessful defendants are exposed to the risks of paying high interest rates designed to pay for the cost of lending money, not just to the successful party in the case but other plaintiffs who receive financing but may not recover moneys to pay for their loans...

Douglas has had successes in the Court of appeal including Matthews v Metal Improvement Company, Vicar of Spalding v Chubb Fire and was the only successful appellant in the Timmins v Gormley group of judicial bias cases.

He appeared for the successful claimant in the recent Court of Appeal of Webb which set out the principles to be applied when a claimant beats a Part 36 offer but does not succeed on all issues in the case.

The most highly publicized appeal will be of Gerard Comeau's successful bid to have charges against him dropped under New Brunswick's Liquor Control Act, for exceeding limits of alcohol brought over provincial borders; the Crown's appeal in the case will be heard over two days.

In Prince George's County v. Brent, the Maryland Court of Appeals answers the question that will probably never be asked again: can you sue the agent after a successful case against the master?

In that case, the landlord's costs of a successful appeal to the Lands Tribunal by the applicant tenant were excluded.

She has two reported cases, both resulting from successful appeals in higher courts.

That kind of argument can be successful only if it challenges the General Court's findings of fact in paragraph 170 of the judgment under appeal, to the effect that «[t] he «last interested person» in the transparent and open tendering procedure in this case was candidate 4.

Kyla was successful opposing the first leave to appeal to the Supreme Court of Canada in an IRP case, and was granted leave to appeal by the Supreme Court of Canada in the Wilson case where she made the first arguments about IRPs to the Court.

Accordingly, in the light of the facts of the present case, and having held in paragraphs 170 and 171 of the judgment under appeal, that the successful bid did not originate from a candidate who had participated autonomously in the tendering procedure from the beginning of that procedure, the General Court was correct in holding, in paragraph 174 of that judgment, that the requirement of an open and transparent procedure had not been observed (C - 127 / 16 P, paras 66 - 69, references omitted).

We acted for the claimant in the Court of Appeal, a case which set authority on the nature of expert evidence for the successful claimant.

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

Jeffrey J. White, a former clerk to Connecticut Supreme Court Chief Justice Ellen Ash Peters, has been involved in over 50 appeals, including a successful argument before the Connecticut Supreme Court in an antitrust case arising out of a proposed $ 1 billion waterfront project.

(Appeal against findings on paper of failure to act with competence and integrity in signing off a Lasting Power of Attorney in the case of a person with questionable mental capacity; Mental Capacity Act 2005; appeal against «integrity» finding succesAppeal against findings on paper of failure to act with competence and integrity in signing off a Lasting Power of Attorney in the case of a person with questionable mental capacity; Mental Capacity Act 2005; appeal against «integrity» finding succesappeal against «integrity» finding successful).

Recently Mr. Forteith was successful in getting the Dallas Court of Appeals to entirely reverse a trial court decision allowing his client to obtain a fair result in his slip and fall case.

September 8, 2015 - The Lawyers Weekly quoted Beth Eva, a senior litigation partner of Fillmore Riley LLP, about a successful appeal in an informed consent case.

The Court of Appeal held today in the case of Small v The Shrewsbury and Telford Hospitals NHS Trust [1] that an employment tribunal should consider of its own motion awarding stigma damages to a successful employee in a whistleblowing dismissal case even where it is not raised on behalf of the employee, where the evidence warranted it.

Harvey v Dunbar Assets plc [2013] BPIR 66 - Joseph Curl of 9 Stone Buildings represented the successful lender on appeal to the Chancery Division in this case concerning whether a personal guarantee could be enforced where there was an allegation that a co-surety's signature was forged.

We have been able to obtain numerous outstanding case results, including not guilty by jury in Criminal Sexual Conduct cases, successful CSC appeals, drug possession and possession with intent not guilty verdicts and deferred sentences, negligent homicide dismissals, driver's license restoration and more.

Simon Bryan QC and Guy Blackwood QC (of Quadrant Chambers) appeared on behalf of the successful respondent, Arab Insurance Group, in the Court of Appeal case of Axa Versicherung AG v Arab Insurance Group.

In particular, Jeremy was the successful Junior Counsel for Scott Law in the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clausIn particular, Jeremy was the successful Junior Counsel for Scott Law in the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clausin the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clausin the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clause.

He has also appeared recently in the Court of Appeal and the High Court in case concerning Russian business, alleged corporate raids, and the jurisdiction of arbitration tribunals — including a successful s. 67 challenge in Egiazaryan v City of Moscow [2015] EWHC 3532.

Successful defense of a local police department in the district court and then on appeal to the Third Circuit in case involving allegations of excessive force in the death of a suspect who was alleged to have died while in custody from compression asphyxia.

We commented on the High Court's decision in this case in the June 2015 issue of the Banking and Finance Journal, and on LBG's successful appeal to the Court of Appeal in the January 2016 appeal to the Court of Appeal in the January 2016 Appeal in the January 2016 issue.

In that case, there wouldn't be another trial (unless there was another successful appeal).

He has acted for successful applicants for leave to appeal under s. 69 of the Act in cases concerning points of law on implied indemnities in a voyage charter; the assessment of damages for loss of a time charter; liability for restowage expenses and hire following a cargo shift; and in connection with speed and performance claims.

Examples of Mr. Cooper's other successes on the criminal side include the successful defense of a professional basketball player in a complex sexual assault case, the defense of executives, businesses and an Indian Tribe in white collar criminal matters, and his achieving recognition by the 1st U.S. Circuit Court of Appeals in United States v. Bradstreet, 207 F. 3d 76 (2000), of a previously unrecognized basis for a sentencing departure in a white collar criminal case of first impression.

Robert Newbound v Thames Water Utilities Ltd [2015] I.R.L.R. 734: successful in Court of Appeal on behalf of unfairly dismissed employee in case concerning apparent bias of EAT.

For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.

What is clear from these recent cases is that less may well be more when arguing jurisdiction points; and that there are likely to be fewer successful appeals on jurisdiction issues in the future.

Furthermore, according to Sir Paul Kennedy at Williams's successful appeal against removal from the Home Office register of forensic pathologists, Williams did make reference to the «missing» information during the trial (Dyer, «Pathologist in Sally Clark case wins appeal against removal from government register» British Medical Journal 335: 466, 8 September 2007).

In the last 12 months, alas, there have been successful appeals against 98 % of my decisions although in all those cases I had reserved judgmenIn the last 12 months, alas, there have been successful appeals against 98 % of my decisions although in all those cases I had reserved judgmenin all those cases I had reserved judgment.

Lord Goldsmith QC of Debevoise & Plimpton and a team from Akin Gump have represented Russian state - owned oil company PJSC Tatneft in its successful appeal in the English Court of Appeal from a summary judgment decision of the English High Court, allowing the case to proceed to appeal in the English Court of Appeal from a summary judgment decision of the English High Court, allowing the case to proceed to Appeal from a summary judgment decision of the English High Court, allowing the case to proceed to trial.

The appeal included not only a victory in the Appellate Division, but also a successful motion for leave to appeal in the New Jersey Supreme Court, a rarity in commercial cases.

Prosecutions, Appeals, and Inquests When litigation arises or becomes necessary, we provide experienced and successful advocates able to skilfully litigate the case in a manner that keeps your best interests in mind.

Despite expert testimony by a psychologist who asserted that the situation in question was the» worst case of PAS he had ever seen,» a Wisconsin Court of Appeals held that there was «limited research data» to support, as «a successful cure» for children suffering from PAS, the removal of such children from their mother's custody in affirming the trial court's refusal to transfer custody to the father (Weiderholt v. Fischer, 485 N.W. 2nd 442, 444, Wis..

Karen Conti has been a lawyer for 26 years, and is a member of the Illinois, California, and U.S., Supreme Court bars, She's handled numerous significant cases, including a successful United States Supreme Court appeal for the Cook County Democratic Party, the death row appeals of serial killer John Wayne Gacy, a reversal in the Illinois Supreme Court in an employment discrimination matter, and a wrongful arrest and injury action against the Chicago Cubs and Los Angeles Dodgers.