Sentences with phrase «such appellate decision»

In the first such appellate decision nationwide, the Second Department of the New York Supreme Court, Appellate Division held that a person's lack of...

In the first such appellate decision nationwide, the Second Department of the New York Supreme Court, Appellate Division held that a person's lack of lawful immigration status is «immaterial» to his or her eligibility to serve as a child's guardian.

Not exact matches

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

But it also smothers an ordinance already adopted in Tucson that had been placed on hold awaiting a federal appellate court decision on the rights of cities to enact such rules.

I clicked on the «Settled Principles» tab to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater right of access to public records than the general public,» and this from a Florida court, «It is well - settled that public records and reports or business records are admissible as an exception to the hearsay rule provided they are authenticated by a custodian.»

Applying the U.S. Supreme Court's 2014 decision in Daimler AG v. Bauman that limited general jurisdiction, a California appellate court held that such jurisdiction was lacking, but that the California courts had specific jurisdiction over the nonresidents» claims.

Courts, including a number of appellate courts, have reviewed human rights tribunal decisions, and spoken to the obligation of professional regulatory hearing panels to address alleged discrimination, unless such issues are expressly excluded from their scope by enabling legislation.

To overturn such a decision, the appellate court must find that it was plainly wrong or without evidence to support it, citing Robinson v. Robinson, 54 Va..

A decision as to whether or not acts attributable to a body such as a school or college amount to occupation of premises for VAT purposes is a question of degree, sensitive to the particular facts, and one in which an appellate court has to pay considerable respect to the opinion of the fact - finding body.

His representation has ranged from class action and complex commercial and environmental cases to limited jurisdiction premises liability cases and administrative hearings, successfully arguing appellate cases such as Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4 th 93, Ryan v. Lustre - Cal (2014) WL 7384613, McCormick v. San Pedro Bait Co., Inc. (2009) WL 4801962 and the federal district court decision, Ameripride Services, Inc. v. Valley Industrial Service, Inc. (2007 E.D. Cal.)

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

lexis is our professional content management lexis is the study of vocabulary in lexis is no more available lexis is an online service that provides a wide range of full lexis is focus lexis is available to all law students lexis is closed or phone line is bad lexis is a library with newspaper lexis is available via the web for students at www lexis is http lexis is a 5 year old tri girl lexis is a large electronic database lexis is available from the albert sloman library website at lexis is an exciting and challenging new word game that can be played by sighted lexis is arranged hierarchically into libraries and files lexis is available via the internet at http lexis is working on the displayed request lexis is my goodest friend from back in the day lexis is not such a great form of researching lexis is under new hardline lexis is a legal research database paid for by the paralegal department at the university of great falls lexis is a privately owned company and its top management consists of the owners who are also investors lexis is a strange mix of the three games lexis is available in the tax learning center lexis is launching a major transition of their billing system lexis is giving the student a biased perspective on the research lexis is offering appellate advocacy training the week of september 16th lexis is now offering prizes for attending class lexis is an idea that crosses tetris with scrabble lexis is available on the web at http lexis is american in origin lexis is formalized below using syntactic metalanguage lexis is one of the world's leading online legal research service designed for use by lawyers and accountants lexis is «a good lexis is available to all qut staff and students for 2002 lexis is not an expert system giving you the answer to a problem lexis is feeling the sting of competition and decided it had to have a better web lexis is updated daily lexis is one of the two standard law data bases and provides full text of almost all legal decisions in the united states and several european countries lexis is a computer lexis is a computer assisted legal research service that provides access to databases covering primary and secondary legal and lexis is a massive collection of legal databases which includes over 650 full text legal journals lexis is a massive collection of legal and news databases owned by reed elsevier lexis is a collection of full lexis is beschikbaar op de publieks lexis is available at the public pc in front of the information desk on the 1st floor lexis is made up of a number of different databases lexis is available via the university dial lexis is te vergelijken met een zelfstandige juridische bibliotheek op het gebied van amerikaans recht lexis is a comprehensive online information service containing the full text of legislation and case lexis is the most comprehensive site for online legal research lexis is blind and will need special care lexis is not a common term but is primarily associated with the services offered by complainant lexis is a paper exchange programme that our department participates in with several english departments in ontario and quebec lexis is and particularly how it is different from «vocabulary lexis is the basis of language lexis is probably less well known lexis is now advertising lexisone on law lexis is continued until graduation lexis is determined to carry on with similar community projects for future lexis is used extensively to provide legal information lexis is closed or lexis is a french lexis is only permitted lexis is less sophisticated than westlaw lexis is concerned lexis is designed to keep out of the way of the candidate as much as possible lexis is open to all areas of literary study lexis is available from most of the other subject categories as well lexis is remarkably homogenous in nature lexis is similar to westlaw in coverage lexis is licensed by west group to use its star pagination system lexis is an exciting new twist on the «falling blocks» classic concept familiar to most gamers lexis is free and unlimited lexis is restricted to educational use only lexis is great for ferreting out story ideas and background research lexis is owned by darlene zapp & willis alford of fairbury lexis is a large collection of computerised legal information lexis is a full text database covering a wide range of legal information sources including case law lexis is a good starting point lexis is a legal information retrieval system lexis is giving away 100 lexis is introduced by a full colour illustration which means the learner will remember the word much more easily lexis is a legal information system lexis is prepared to offer the same kind of limited password as westlaw for first lexis is available to people with lexis passwords lexis is known as star pagination lexis is an amazing twist on the classic «falling blocks» game concept lexis is easier via the web than via its graphical software lexis is a literal search engine lexis is better for that lexis is a full range market research institute which operates on

It's important for those in the midst of a divorce to make sure they have adequate legal representation because it's difficult to have such decisions reversed at the appellate level.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

And, unsurprisingly, he challenged the exclusive use of traditional sources, such as state - enacted law and appellate court decisions, in teaching materials, quipping, «what effect, if any, do appellate decisions have on the way ordinary people live their lives»?

A decision on whether to impute income is highly discretionary and, as such, entitled to considerable appellate deference: Marquez v. Zapiola, 2013 BCCA 433 at para. 36.

It is unusual to comment on a decision to deny leave since such decisions are never supported by reasons and the Court has warned that we can not infer much about the status of an appellate decision on which leave was denied for the very good reason that there may be all sorts of considerations that might lead the Court to deny leave in any particular case.

Hopefully such changes also would enhance the ability of appellate courts to make «a sensible decision» based on all of the «important facts» for such a decision.

3 It quoted a 1988 decision of the First District reprimanding a lawyer who sought to «amend» the record to include matters not before the trial court, and declaring in this regard that the fact «an appellate court may not consider matters outside the record is so elemental there is no excuse for an attorney to attempt to bring such matters before the court.»

Without engaging in any such debate, Florida appellate courts have relied on facts from websites in rendering their decisions.

Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in federal court cases involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate decisions making certification of such claims very difficult in Florida.

The decision engages with the jurisprudence emanating from other Canadian appellate courts, the U.K., and the U.S., regarding entitlement to such damages under survival of actions statutes.

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

The SCC's decision did not allow for much flexibility and went against one of the usual practices of appellate courts — to give deference to the Copyright Board in findings of fact (fairness in claims of fair dealings is one such finding of fact).

In such cases as this one, there are even two infringement rulings (regional court and higher regional court) prior to the Federal Patent Court's decision; in other cases, the Federal Patent Court's decision comes in just about in time for the appellate hearing.

Where a general statement of law applies to every jurisdiction and will be based on common caselaw principles, such as a Supreme Court of Canada decision or a consensus of appellate cases in various provinces, or on a common statutory provision, such as a similar provincial rule of civil procedure, or common employment standards legislation:

Perhaps that thought lingers in the recesses of their minds, but decisions of appellate courts of this province in recent years have supported such efforts by trial and motion court judges, as long as the creative solutions are fair.

This may result in more appellate decisions, such that abuse / comity may give way to standard stare decisis principles (with lower court judges simply following binding legal findings from the FCA).

I've now added four more such Twitter accounts, so you can now use Twitter to stay fairly current with appellate decisions from Alberta, Saskatchewan, Manitoba and Nova Scotia.

Illinois appellate decisions (as well as those of several other states) demonstrate the comparative advantages of such an approach.

When, therefore, Congress enacts that this court shall have appellate jurisdiction over final decisions of the Circuit Courts in certain cases, the act operates as a negation or exception of such jurisdiction in other cases, and the repeal of the act necessarily negatives jurisdiction under it of these cases also.

In addition there are states that while not making such a declaration nonetheless maintain reliable online collections of final, citable copies of their appellate decisions as Oklahoma did prior to 2014.

One also finds dateless statutory citations in the appellate decisions and briefs from such prominent states as California, Massachusetts, New York, Pennsylvania, and Texas.

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

Follow court decisions in significant cases such as two recent appellate decisions in recruitment cases, as well as a court's determination that data providers must foot the bill for redaction of personal information.