Sentences with phrase «where appeal court judges»

The risks of predicting a trial court judgment are compounded if the claim goes on appeal where appeal court judges frequently place an importance on facts not regarded as important by the trial judge.

Not exact matches

In 1994, President Bill Clinton appointed Mr. Henry to the United States Court of Appeals for the Tenth Circuit, where he served until June 2010, most recently as Chief Judge.

In its appeal to the Full Court, Prysmian argued that the trial judge erred in finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissed.

«I was proud to be part of her nomination as Associate Judge of the New York State Court of Appeals, where she served with distinction and made history as the first African American and Muslim woman to ascend to the state's highest court.&rCourt of Appeals, where she served with distinction and made history as the first African American and Muslim woman to ascend to the state's highest court.&rcourt.»

He had prior to his elevation to the apex court bench, served as the Chief Judge of Kano State from 1979 to 1985, before he was promoted to the Court of Appeal where he served from 1985 till court bench, served as the Chief Judge of Kano State from 1979 to 1985, before he was promoted to the Court of Appeal where he served from 1985 till Court of Appeal where he served from 1985 till 2003.

Westchester County DA Janet DiFiore, Gov. Andrew Cuomo's pick for chief judge of the Court of Appeals, will have her nomination put to a hearing today at the state Capitol, where the Republican - led Senate Judiciary Committee will have the opportunity to question her and examine her credentials before making a recommendation to the full Senate.

Jonathan Lippman, who was chief judge of the state Court of Appeals from 2009 through last year, has joined the New York office of Latham & Watkins LLP, where he will provide expertise on state law and appellate matters while remaining a high - profile advocate on the public policy issues.

The prosecutor's next stop was two blocks away, in the baronial chambers of the state's Court of Appeals, where Bharara joined more than 100 lawyers, judges, politicians and well - wishers who came to see Janet DiFiore sworn in as the next chief judge of the state's highest cCourt of Appeals, where Bharara joined more than 100 lawyers, judges, politicians and well - wishers who came to see Janet DiFiore sworn in as the next chief judge of the state's highest courtcourt.

Last week, the appeal court head another case where the Crown's line of questioning was deemed improper both by the trial judge and the appeal court, but a retrial wasn't ordered in that case.

The 11th U.S. Circuit Court of Appeals has squarely ruled, Judge Batten said, that where a copyright owner could not sustain an infringement action in federal court, then the would - be defendant in a potential coercive action can not bring an anticipatory declaratory judgement acCourt of Appeals has squarely ruled, Judge Batten said, that where a copyright owner could not sustain an infringement action in federal court, then the would - be defendant in a potential coercive action can not bring an anticipatory declaratory judgement accourt, then the would - be defendant in a potential coercive action can not bring an anticipatory declaratory judgement action.

However, the Court of Appeal did indicate that well documented fee submissions should be the norm, discussing situations where trial judges have great discretion to reduce requests for block billed time entries.

The courts held that an injunction could be granted where it was just and proportionate to do so and that a judge hearing an injunction application could not consider the merits of the planning decision as this was a matter for the appeal stage.

This new decision by the Court of Appeals holds that where the UM insurance company does not stipulate that they caused the injuries complained of, the facts regarding intoxication can come into evidence in the trial judge's discretion.

See also Ram v. Prasad, 1999, 28 E.T.R. (2d) 140, where the B.C. Court of Appeal upheld the trial judge who awarded special costs against the defendant.

The Court of Appeal declined to reverse the trial judge's decision, holding that contra proferentem was inapplicable where ambiguity can be resolved with reference to the objective factual matrix, and further, that Talius's reliance on the subjective understanding of its representative did not assist in interpreting the contract:

2017), where the Virginia Court of Appeals upheld the Chesterfield County Circuit Court judge's award of spousal support to wife in the amount of $ 12,000 a month, on top of a $ 2.5 million dollar equitable distribution award.

unless this case goes to SCC it will be of no value to the rest of canada - a newsreel media story on Ivan Henrysaid «the judge intentionally labelled Henry vexatious so he would not have a chance to appeal to SCC - the SCC automatically reject the vexatious» i am trying to figure out how this is done - in my case the ns attorney general defence lawyer had been on my case for years then one week before i sent in my SCC appeal books she wrote me and said she had moved to the SCC office where my books would be ariving!!!!!!! i reported this to the SCC but my complaint was ignored - so did the NSAG lawyer get ahold of my books and change them so SCC judges never seen my arguements - thats how bad they do nt want SLR's to use the courts!!!!!!

The very question posed for Judge Sumner sitting in Wandsworth County Court in Miss Sam (Sales) Ltd v River Island Clothing Co Ltd where he gave judgment on 17 February 1994 which is not being appealed.

Because laws which are facially neutral may «unintentionally have a disproportionate or adverse effect on a group or individual» (at para 36), the Federal Court of Appeal proceeded, where the trial judge did not, to consider «whether the provisions of the ITA, while not directly discriminating on the basis of gender and family status, did so indirectly and unintentionally» (at para 36).

Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit recently spoke at Golden Gate University School of Law's third annual Intellectual Property Distinguished Speaker Program, where he created a buzz when he shared his insight on technology today and how it has greatly impacted the First Amendment.

An appeal — including an application for permission to appeal — that lies to FC circuit or district judge can be leapfrogged to a High Court judge at the direction of the DFJ or HCJ where an important point of principle or practice is involved (Family Court (Composition and Distribution of Business) Rules 2014 (SI 2014/840).

A Quebec judge will not have his day in court after the Supreme Court of Canada dismissed his application for leave to appeal last week in a case where he was accused of judicial misconcourt after the Supreme Court of Canada dismissed his application for leave to appeal last week in a case where he was accused of judicial misconCourt of Canada dismissed his application for leave to appeal last week in a case where he was accused of judicial misconduct.

Nicola Walker, partner at Irwin Mitchell Private Wealth, who acted for Mrs Hart, said: «The decision of the Court of Appeal leaves the law in a state of flux; it allows a trial judge to find that even where it is not properly evidenced, the financial contribution of one spouse outweighs the family and domestic contribution of the other.

As to this, Lord Hughes commented (at para 20): «Oliver J's reference to moral claim must be understood as explained by the Court of Appeal both in Re Coventry itself and subsequently in Re Hancock [1999] 1 FCR 500, [1998] Fam Law 520, where the judge held that there was no moral claim on the part of the claimant daughter.

Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence.

The appeal was allowed and the court gave guidance on the inquiries that trial judges should make where a personal connection between a juror and witness has been identified.

Judges have ruled defamatory libel to be justified in overriding Section 2 such as in this Court of Appeal of Manitoba case from 1995 where a man was convicted of hanging up false and defamatory posters of an ex-partner around a University.

Despite the Court of Appeal's decision, the Court of Superior Justice has overturned a decision on the basis of the trial Judge's use and reliance on Google Maps — in R v Ghaleenovee, 2015 ONSC 1707, the Court referred to Calvert but concluded that where the facts are disputable, and the evidence produced by Google Maps is not put the accused or witnesses, relying on Google Maps «compromises the appearance of fairness».

In allowing the appeal and setting aside the order of the motions judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no applicappeal and setting aside the order of the motions judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no applicAppeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no application.

According to the media, the three who lost their appeals are believed to be considering a final appeal to the Grand Chamber of the European Court, where their cases could be heard before 17 judges.

A statement from Temple Garden Chambers, where barristers represented BNM, said: «The Court of Appeal held that the senior costs judge had not sufficiently made clear what, if any, weight he had attached to certain criteria relevant to this point and thus directed him to reconsider the issue in the light of their further guidance.»

State Attorney General Luther Strange is pursuing the case through appellate courts where, most recently, the Alabama Circuit Court of Appeals overturned Judge Todd's decision.

Finally, the Court of Appeal disagreed with the motion judge's concern that, if a stay were not granted, a bitter and protracted fight would ensue where there is «nothing to fight over.»

(2) An order of the Tribunal under clause 58 (8)(b) shall take effect immediately, but where there is an appeal, a judge of the Divisional Court may grant a stay until any appeal is disposed of.

As amply demonstrated by developments in March 2016 in the US appeal courts, which confirmed the relatively limited role of judges in determining the contents of DPAs in the US, 20 the principal difference is that even where prosecuting authorities are prepared to enter into negotiations and agree proposed terms, those terms require the approval of senior judges in the UK.

One can point to the Court of Appeal's own mediation scheme, where membership of its panel is controlled by the Civil Appeals Office under the oversight of the judges, and those appointed have proven experience and skills.

In determining that the BLM pin was inappropriate, the Ohio court relied upon a First Circuit Court of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislacourt relied upon a First Circuit Court of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislaCourt of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislation.

Using multiple GCS scores was resolved in Liu v. 1226071 Ontario Inc. (Canadian Zhorong Trading Ltd.), where the Ontario Court of Appeal overturned the trial judge's decision that other GCS scores higher than 9 within a reasonable time did not compromise the catastrophic definition,

Where the reasons for the judge's decision are allegedly inadequate, a party should generally invite him to consider whether to amplify them before complaining about their inadequacy in the Court of Appeal.

The LII link to the opinions of the 7th Circuit appeal court, which is where Judge Posner hangs his hat, goes directly to that court's website, where one discovers that to find any opinion at all one has to know the name of a party or a case number.

The pilot appealed to the Land Court, where the judge ruled in the property owner's favor, stating a zoning bylaw prohibiting a private landowner from creating a noncommercial, private heliport on his or her property is void unless the Department of Transportation Aeronautics Division approved the zoning bylaw in advance.

Unsurprisingly, Oudin appealed the decision to the ONCA, where he argued that the Superior Court judge had mistranslated his employment agreement from French to English and that the determinations made in the Court below were therefore incorrect.

He is a regular visitor to The Strand area of legal London, where his wife since 2008, Dame Elizabeth Gloster sits as a Court of Appeal judge.

He cited a recent decision, Malton v Attia, 2016 ABCA 130 (CanLII)-- which falls just outside our snapshot, having been decided on April 29, 2016 — where the Court of Appeal recognized the challenges posed by self - represented litigants in another case where the trial judge was found to have gone too far in assisting the litigant:

The Ontario Court of Appeal confirmed this is the case even where a criminal trial judge gave reasons for acquittal that expressed an opinion that no wrongdoing had occurred, as opposed to simply concluding there was a reasonable doubt as to whether an offence was committed.

Provides for the Court of Appeals and for trial courts where the Governor has not acted, the relocation power would fall to the Chief Judge.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

After law school, he clerked for U.S. Court of Appeals Judge James L. Ryan and practiced at Honigman, an Am Law 200 firm, where he became an equity partner.

(3) Sections 109 (constitutional questions), 125, 126 (language of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of Juscourt hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of JusCourt of Justice.

In this case, the Court of Appeal found it was possible for more than one party to be the occupier of the property where the accident took place at the relevant time, the pleadings disclosed enough facts to permit the Application Judge's conclusion that the Hellers and not the Respondents were occupiers (at the relevant time).