Sentences with phrase «trial court ruling»

In the third case, a Massachusetts trial court ruled in favor of the brokerage in 2013, holding that the state's real estate statute allows real estate salespeople to be classified as independent contractors or as employees controlled.

DOD includes at least the appellate rules and principal civil trial court rules for every state, as well as federal district rules.

The procedure for referral of cases to the Mass Litigation Panel is set forth in West Virginia Trial Court Rule 26.

It appears that DOD includes at least the appellate rules and principal civil trial court rules for every state, as well as federal district rules.

Most recently, an Alaska trial court ruled that plaintiffs had failed to prove inadequate school funding in that state, holding only that more state oversight over how some districts spent their money was needed.

Honoree Doug Robinson with his husband Michael Elsasser and Judge Doris Ling - Cohan, author of the landmark 2005 trial court ruling in favor of marriage equality and the judge who married Doug and Michael.

Approval of Amendment to West Virginia Trial Court Rule 26.08, Powers of Presiding Judge, entered April 15, 2010.

When the trial court ruled against the AG's office, we encouraged them to appeal, but unfortunately the chances of a successful appeal under the federal Natural Gas Act were low.

Complying with the trial court ruling would have required the legislature to violate the constitution.

A state appeals court in Sacramento, Calif., last month upheld a trial court ruling that a 0.25 - cent hike in the sales tax enacted in 1991 to support San Francisco's schools and community colleges is invalid, opening the way for city businesses to seek refunds.

I hope this trial court ruling has election consequences to the Board of Trustees of the Anaheim City School District.

Maybe this trial court ruling will have election consequences to the Board of Trustees of the Anaheim City School District.

In response to a complaint by New York State United Teachers (NYSUT), the trial court ruled that state standardized test scores can count for up to 20 percent — not 40 percent, as Tisch's regulations demanded — of teacher evaluations.

It did not find that the appeal was moot because the trial court ruled on the motion to dismiss after the filing of the amended complaint.

Trial court rulings.

As a result, the trial court ruled that the «clear and convincing» standard had been met and the tubes that artificially hydrated and fed Ms. Cruzan be withdrawn.

The trial court ruled in favor of the plaintiff, and the City appeals.

In order to successfully appeal a trial court ruling, you must demonstrate that the lower court made an error of law.

After reviewing the Parenting Plan, the trial court ruled the Parenting Plan did not give veto power to either parent regarding educational decisions, but because school is essentially both or neither parent's time, one parent can not deny religious instruction during his or her parenting time over the other parent's objection.

(This trial court ruling was later upheld on appeal).

After canvassing the defendant regarding the pitfalls of proceeding pro se, the trial court ruled that it would have to let the defendant «self - represent... during this point...» Consistent with this ruling, the court's docket sheet reflects the court clerk's notations indicating that, for purposes of the defendant's testimony only, the defendant was allowed to represent himself and standby counsel was appointed.

The trial court ruled that the statute of limitations had run out, but the appellate court ruled there were material fact issues regarding whether or not the plaintiff either knew, or should have known, that he had a cause of action for the injuries he suffered due to asbestos exposure.

The trial court rule that the evidence supported the finding that Mr. Graves had developed mesothelioma before the disease became compensable through the state's workers» compensation law.

Ultimately, the trial court ruled in the father's favor.

The general rule is that a trial court ruling may be upheld for any reason supported by the record, even if that is not the reason articulated by the trial court judge.

Then, just before trial, if the adverse party will not agree that the records are admissible under the business - record rule (FRE 803 (6)-RRB- or the other pertinent rule under which the documents were produced, a motion can be filed with the trial judge under FRE 104 (a) supported by an affidavit asking that the trial court rule in advance that the documents so produced are authentic and are exceptions to the hearsay rule under the exception you set forth in your requests for production.

The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government for its alleged negligence, based on sovereign immunity grounds.

The trial court ruled against my client, and refused to lower the father's child support.

After hearing argument on the plaintiff's motion, the trial court ruled that the proposed defendants could not be added and denied the plaintiff's request to conduct additional discovery on the defendants.

The trial court ruled in Arthur's favor and ordered the Robbins to transfer 20 % of the shares of Sales Leadership directly to Arthur.

Although the trial court ruled that the driver's privacy was violated, the court still refused to suppress the evidence because it found the violation to be harmless error (the court essentially found that the violation of the driver's privacy did not result in any prejudice against him to justify suppression of the evidence).

DRI And the Defense Wins: The Supreme Court Overturned a Trial Court Ruling That Had Declared That Statutory Caps and Limitations on Punitive Damages Were Unconstitutional DRI And the Defense Wins

The trial court ruled in favor of the city and the employee appealed.

The trial court ruled that it was unconscionable, but no party had ever raised issues about its validity.

In 2016, the trial court ruled for the plaintiffs, holding that Directive 13 - 4 was «unreasonable» and that MassDOR's «denial of the applications based on that directive was unlawful», based on the unambiguous and explicit language of the statute.

The trial court ruled against the employer, but the Appellate Division reversed that ruling, which meant that Jang's case would be arbitrated, rather than tried.

The trial court ruled initially that the negligence claims were preempted because the plaintiff was using HIPAA as the basis for her claims.

West Virginia Trial Court Rule 26.02.

Following a bench trial, the trial court ruled that the contractor could not pursue claims for quantum meruit as a matter of law because the repair work was covered under the terms of the express contract between the developer and the contractor.

The trial court ruled that the plaintiff could not present the additional testimony to address the juror's question on rebuttal, primarily because it did not constitute proper rebuttal testimony.

The trial court ruled that no expert would be required if it took judicial notice that the dictionary was a learned treatise, to which defense counsel again made proper objection and moved for a mistrial, which was overruled.

The Trial Court Rules also cover topics such as the procedure for filing a motion to disqualify a judge, electronic filing, and mass litigation.

The trial court ruled in favor of MTPC on summary judgment and concluded that the undisputed evidence showed that G4S repeatedly withheld past due payments from its subcontractors at the same time that it sent certifications to MTPC representing and warranting that those same subcontractors had been paid.

West Virginia Trial Court Rules: The Trial Court Rules relate to court administration, as well as civil and criminal matters, and are intended to supercede matters that were previously covered by various local rules.

EFF intervened in the case after a trial court ruled in June that Google must remove links to full websites that contained pages selling a product that allegedly infringed trade secret rights.