Sentences with phrase «under appeal after»

The case was under appeal after Judge John Dietz's lower court ruling that the Texas school finance system is unconstitutional because it «fails to provide an adequate, suitable education.»

Not exact matches

Similar kinds of cases are under way in other parts of the country, including a case on appeal in Chicago after a federal judge issued a nationwide injunction barring the government from blocking grant money typically used to help local police combat violent crime and help victims.

Davis sought Supreme Court review after the 11th U.S. Circuit Court of Appeals ruled in May that the failure to obtain a warrant did not violate Davis» right to be free from unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution.

Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault conviction overturned on appeal (a higher court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.

Heather Dietrick, president and general counsel of Gawker Media, said in a statement that soon after Mr. Bollea sued the company in 2012, three state appeals court judges and a federal judge «repeatedly ruled that Gawker's post was newsworthy» under the First Amendment.

By contrast, after the New Jersey Supreme Court denied Gov. Chris Christie's appeal of a judge's overturning of the state's ban on same - sex marriage, an attempt by state lawmakers to later write a bill with religious protections collapsed under pressure from gay - rights groups.

ESPN FC report England under - 21 international Gray is considering his future after being unable to hold down a regular first - team spot, and Mauricio Pochettino's record of working with young English talent holds great appeal for the wideman.

Alonso then went down in the area under pressure from Pique after Willian had played him in, but the referee waved away Chelsea penalty appeals with Giroud booked for his furious protests.

Skelos is the second former legislative leader to win his case on appeal in the past two months, after a U.S. Supreme Court ruling revised the laws under which they were convicted.

The election tribunals and Court of Appeal ordered the re-runs, after voiding the returns for most of the Rivers legislative seats, federal and state; before the Supreme Court, in a bizarre verdict, endorsed the governorship poll, held the same day, and under the same bloody conditions, as the state legislative elections.

Simpson and Shue said NYPA resisted a request made in October by the opponents» group to release the RFP under the state Freedom of Information Law, doing so only after their group appealed to the state Committee on Open Government, which in November said the information should be released under the law.

Data obtained under the Freedom of Information Act shows that from March 2015 - after the changes were introduced - to September 2015, 1,006 out of 1,179 Eritreans rejected by the Home Office decided to appeal.

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But according to members, appeals from AMPAS executives to the branches to admit more female and minority members have lessened under the current Academy president, Cheryl Boone Isaacs, after reaching a peak under her predecessor, Hawk Koch.

The new Fairfield Road school base has come under criticism from parents who launched an appeal through Stockton Council after their children were denied places.

The Board has 10 business days after receiving the appeal to reverse the denial, uphold the denial or under unusual circumstances, issue a notice extending for no more than 10 additional business days the time to respond to the appeal.

But while most states Hyslop studied identified fewer schools in need of improvement under the waivers, Indiana actually designated more schools as «focus» and «priority» after appealing to the federal government for flexibility.

Overall, the Toyota RAV4 looks good under every angle and with relatively few design surprises; while not the most visually exciting vehicle in its segment, it's the most likely to appeal to a broad range of buyers — it is, after all, a Toyota.

The appeals court noted that upon forgiveness of the student loan debt by ECMC after the 25 year period, the debtor would owe income tax on the entire $ 95,000 forgiven debt, except to the extent she was insolvent under the tax code, 26 U.S.C. section 108 (a).

In the Money Mart decision, the Ontario Court of Appeal stated: «The proper view is that the court acting under s. 32 (4)(a) has the authority to determine the fees owing to the solicitor after considering and weighing all relevant factors.

But here, the 2nd U.S. Circuit Court of Appeals at New York City ruled in 2015 in Martin v. Hearst Corp. that a woman, whose arrest records were expunged under Connecticut's erasure law after prosecutors dropped charges against her, could not force a newspaper to remove stories about her arrest from online archives.

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

The last time this sort of issue came before the Court of Appeal was in Henry v News Group Newspapers [2013] EWCA Civ 19, [2013] 2 All ER 840 where the court granted relief against sanctions under the pre-April regime but warned that it would all be different after 1 April.

«Comprehensive federal statutory schemes, such as the SDWA, preclude rights of action under Section 1983 for alleged deprivations of constitutional rights in the field occupied by the federal statutory scheme,» the appeals court wrote in Mattoon, which stemmed from a lawsuit on behalf of 68 Berkshire County, Massachusetts, residents who alleged they came down with giardiasis, commonly known as «beaver fever,» after drinking contaminated water.

Divorce settlements are back under the spotlight following a recent Appeal Court ruling that an ex-wife should have her monthly maintenance payments increased by a third, 15 years after her divorce.

(2) An appeal under subsection (1) shall be heard as soon as practicable after the appellant perfects the appeal.

281 (1) After the Licence Appeal Tribunal issues a decision, the insurer shall not reduce benefits to the insured person on the basis of an alleged change of circumstances, alleged new evidence or an alleged error except as provided under this section.

And although the Front Polisario lost its appeal and was denied standing, it does not leave the Court room empty handed: the inapplicability of the Agreements to Western Sahara and the explicit confirmation of its distinct status under international law is after all, effectively, the result they sought to achieve in the first place.

The courageous argument of the tenants — or at least one of the two who participated in the second tier appeal, the landlords being unrepresented after two previous outings at which they were victorious and submissions being made by an advocate to the court — was that the landlords had been under an obligation to mitigate their loss and had failed to do so by forfeiting the lease despite knowing of the tenants» plight.

The TransCanada decision came only a few days after the decision of the Federal Court of Appeal ordering the federal government to renegotiate the terms under which the Trans Mountain pipeline crosses a First Nations reserve in British Columbia, raising new questions about the fate of Kinder Morgan Inc.'s federally approved plan to expand the pipeline.

Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.

In dismissing the appeal, the majority invited RBC to bring a motion for an order requiring a Scotiabank representative to be examined, after which time the Statement would be properly producible under law.

After the losing party in the decided case took an appeal, the Court of Appeals for the Third Circuit held that, because of the consolidation, the judgment appealed from was not a «final decision» under 28 U.S.C. § 1291.

After the appellants failed to appear at the German arbitration and the Ontario application to enforce the German arbitral award, the appellants finally responded by bringing this appeal based on a technical argument under Article 35 (2) of the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which required the party relying on the foreign arbitral award to supply a certified copy of the original award to the application judge.

The Appeal Judge reasoned that since in CFR contracts, the seller is not under any duty to ensure that the goods are actually physically delivered at the port of discharge, there was no reason to hold that the risk of delay in unloading the goods after laytime had commenced was to be borne by the seller.

137.3 An appeal of an order under section 137.1 shall be heard as soon as practicable after the appellant perfects the appeal.

As reported in the written decision of the Law Society Hearing Panel (which decision is under appeal by the applicant), the applicant threatened to sue the other board members for defamation after he was removed as President of the condo corporation and a notice of his removal was posted; circulated a letter (under a false name) on some floors within the building that falsely stated that some of the board members had previously gone bankrupt, had criminal convictions and were accepting bribes and free meals from the developer of the condominium to settle deficiencies with the developer; made a derogatory remark about some of the residents based on their ethnicity; threatened to report some of the directors to US / Canada border officials, falsely alleging that they were drug smugglers; threatened both the corporation's property manager and security services firm that their contracts with the condo corporation would be in jeopardy if they did not provide a character letter to the applicant.

62 (1) A person affected by an order of the Commissioner made under any of clauses 61 (1)(c) to (h) may appeal the order to the Divisional Court on a question of law in accordance with the rules of court by filing a notice of appeal within 30 days after receiving the copy of the order.

Under the new Appeals Services Division guidelines there are 31 types of issue that will not receive an oral hearing (except in exceptional circumstances) and a small number of issues for which the worker may be allowed an oral hearing after providing written detailed submissions supporting the request.

After a round of appeals terminating in the Ontario Divisional Court, the complaint under the PSA was dismissed.

After reviewing basic principles concerning s. 8 of the Charter [118] and the reasoning of the first appellate court (the Divisional Court), [119 - 131] the Court of Appeal concluded the summons power was a reasonable power, properly constrained, when used by an investigator appointed under s. 75 of the Code.

After hearing an appeal under section 69, the court may confirm the award; vary the award; remit the award to the tribunal, in whole or in part, for reconsideration in the light of the court's determination; or set aside the award in whole or in part.

After a prior appeal in this same case, the plaintiff sought to recover prejudg ement and appellate attorney fees under Civil Code section 1717 (attorney fees provided by contract).

(6) An appeal tribunal appointed by the Centre pursuant to Rule 43 shall decide the appeal from the arbitration tribunal's decision under subrule (4) as soon as is reasonably possible after receiving the appeal and according to such procedures as the appeal tribunal considers appropriate.

(5) Within 15 days after the last day for filing a notice of appeal under subsection (4), the City shall forward any notices of appeal to the Local Planning Appeal Triappeal under subsection (4), the City shall forward any notices of appeal to the Local Planning Appeal Triappeal to the Local Planning Appeal TriAppeal Tribunal.

(15.2) If the city clerk receives a notice of appeal under subsection (15) or (15.1), the city clerk shall ensure that the following are forwarded to the Local Planning Appeal Tribunal within 15 days after the notice is appeal under subsection (15) or (15.1), the city clerk shall ensure that the following are forwarded to the Local Planning Appeal Tribunal within 15 days after the notice is Appeal Tribunal within 15 days after the notice is filed:

(8) If the Minister has directed that an agreement be entered into under subsection (7) and the City and the other municipality fail to reach agreement within 60 days after the Minister's direction, the City, the other municipality or the Minister may apply to the Local Planning Appeal Tribunal and the Tribunal shall settle the terms of the agreement.

These days, since there is now a right to appeal a criminal conviction under state law or federal statute (but not the U.S. Constitution), a writ of habeas corpus is only brought when direct appeals of a conviction have been exhausted, often several years after the original conviction (which makes a writ of habeas corpus only useful for convictions involving long sentences of incarceration).