Sentences with phrase «whether the district court»

July 20, 2007)(available here), the DC Circuit has to vacate and remand a sentence because «the record is muddled as to whether the district court considered [a particular guideline range as the] starting point for its analysis.»

There's also a split over whether the district court can dismiss an action pending arbitration, rather than staying it.

This case decides whether a district court violated a mandate from the court of appeals.

Kimbrough instead expressly reserved the question as to whether a district court could categorically vary from the Guideline range based solely upon a policy disagreement with the Commission in an area other than the crack - cocaine disparity.

She appealed to the Montana Supreme Court raising two issues: 1) Whether the district court abused its discretion when it denied Viola's Rule 59 (e) and 60 (b) motions based on the district court's failure to consider whether the property settlement agreement was unconscionable; and 2) Whether the district court abused its discretion when it determined that the property settlement agreement was valid without a disclosure of assets.

This statement and the majority's discussion raises, but does not answer, the question of whether district courts may lawfully refuse to follow the alternative sentencing recommendation.

«We need not decide whether the district court abused its discretion by admitting this evidence because any error — if indeed there was one at all — was harmless,» Judge Norman Stahl wrote for the panel.

The Sixth Circuit also noted that the defendant failed to address whether the district court might reexamine the class certification decision, and noted that both parties had filed dispositive motions, which weighed against interlocutory review.

Representation of a leading global food delivery franchise in the Eighth Circuit in a case determining whether the district court erred by certifying a class of drivers claiming that a fixed charge customers paid for delivery was a gratuity under Minnesota law.

Not exact matches

The eight - justice court is hearing arguments Monday in two cases that deal with the same basic issue of whether race played too large a role in the drawing of electoral districts, to the detriment of African - Americans.

The hearing in Moscow's Tverskoy District Court was held to decide whether Magomedov and his associates should be detained pending trial.

At a hearing in Moscow's Tverskoy District Court to decide whether Magomedov and his associates should be detained before their trial, Judge Maria Sizintseva said they had acted as part of an organised crime group and had tried to put pressure on witnesses.

In a decision that is encouraging for the mediating - structures approach, the Supreme Court held (5 - 4) in Boiuen v. Kendrick that the AFLA is constitutional on its face, remanding the case to the District Court for consideration of whether it had been applied unconstitutionally in specific instances.

Justice Blackmun opined that «this right of privacy, whether it is founded in the Fourteenth Amendment's concept of personal liberty as we feel it is, or, as the District Court determines, in the Ninth Amendment, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy» (emphasis added).

In the meantime, lawyers for the state, the City of Chicago and the Park District will argue in legal briefs whether a long - term delay should be imposed while the Appellate Court considers a full appeal of a Cook County Circuit Court decision rejecting Edgar's attempts to take over Meigs.

That will be one of the questions before the Arlington Heights Park District Tuesday as commissioners consider whether to approve removing two tennis courts at Olympic Park to build a skate park.

In an era of deep partisan division, the U.S. Supreme Court could soon decide whether the drawing of electoral districts can be too political.

Nearly six weeks after the corruption trial began, jurors Thursday afternoon were dispatched by U.S. District Court Judge Valerie Caproni to begin deliberations into whether Percoco, a longtime confidante of Gov. Andrew M. Cuomo, used his top government post to enrich himself via bribes paid by two companies with business before the state.

Meanwhile, a U.S. District Court is expected to rule soon on whether the Republican challengers will be permitted to intervene in the federal lawsuit that argues the challenge / fee system violates the U.S. Read more»

As Allen looks forward to his day in court, the delay in getting to a verdict is apparently hampering his decision on whether to challenge George Amedore for his 46th district State Senate seat.

U.S. District Court Judge Valerie Caproni asked Howe whether, having viewed the document, he remembered saying that.

Whether the bill, carried by Sen. Tom Croci (R - Sayville), would affect school superintendents like Frank Tassone, who looted the Roslyn school district of $ 2.2 million but still receives his $ 175,295 state pension, is open to interpretation by the courts.

The Missouri Supreme Court «agreed with the trial court's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law.&rCourt «agreed with the trial court's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law.&rcourt's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law.»

A case is also currently pending with the Supreme Court, which heard arguments earlier this year on whether the state's congressional district lines — drawn by an independent redistricting commission — are unconstitutional.

He was allowed to remain free following his sentencing pending that ruling, and is now awaiting word from the presiding US District Court judge on whether he will have to serve any time in light of the decision.

But district leaders were engaged in a heated battle to nominate a candidate for family court justice from early in the evening until after midnight, delaying their decision on whether Jenkins or Latimer would get the party's official backing.

But the Supreme Court has never resolved whether voting districts should have the same number of people, or the same number of eligible voters.

About the only suspense attendant to last week's judicial conventions in Albany for state Supreme Court, which one Democratic attendee called «extremely boring,» was whether a Capital District Democrat would emerge to challenge Ulster's Julian Schreibman.

North District incumbent Jason M. McCarthy, also aligned with the majority bloc, was scheduled to appear in court Tuesday to answer allegations that he fraudulently obtained his petition signatures, and some now wonder whether his opponent, Hope R. Jay, will challenge some of the signatures themselves.

After hundreds of hours of testimony — sometimes explosive, sometimes plodding — about whether Joseph Percoco, a former aide to Gov. Andrew M. Cuomo, sold his influence in state government, the case in Federal District Court in Manhattan has gone to the jury.

A U.S. District Court judge is considering whether to order reforms to stop and frisk after a 10 - week bench trial in which a dozen people testified that they were stopped by police solely because of their race.

U.S. District Court Judge Claudia Wilken in Oakland, Calif., on April 29 ordered the Bush administration to stop dragging its feet on the fate of polar bears and decide by May 15 whether declining sea ice in the Arctic threatens their existence.

A panel of judges from the U.S. Ninth Circuit Court of Appeals is expected to rule this week on whether a temporary halt placed on the order by a federal district judge should be kept in place.

The Supreme Court is currently considering whether challenges to the rule belong in circuit or district courts and that stay could dissolve if the high court rules in favor of district coCourt is currently considering whether challenges to the rule belong in circuit or district courts and that stay could dissolve if the high court rules in favor of district cocourt rules in favor of district courts.

The crucial question is which lawyer the three judges — Douglas Ginsburg, Thomas Griffith and Karen LeCraft Henderson — will agree with as they consider whether to uphold or overturn a preliminary injunction issued by US District Court judge Royce Lamberth on 23 August.

The U.S. Supreme Court's decision limiting the use of race in school assignments will likely result in a period of upheaval as school districts drop race - conscious policies and consider whether to try alternative means to keep schools integrated, experts say.

In considering whether Arizona was meeting the requirements of the EEOA, Justice Samuel Alito's majority opinion faulted the district court and the Ninth Circuit for focusing on the «narrow question» of funding, and ignoring whether managerial and instructional reforms had brought the state into compliance.

The school district then appealed to the Supreme Court to determine whether, according to IDEA, costs beyond attorney's fees were reimbursable.

You were absolutely wrong to report that U.S. District Court Judge Robert F. Peckham «never reached a conclusion about whether [I.Q.] tests are racially biased» and that the appeals - court ruling now reinstitutes I.Q. testing for African - American studCourt Judge Robert F. Peckham «never reached a conclusion about whether [I.Q.] tests are racially biased» and that the appeals - court ruling now reinstitutes I.Q. testing for African - American studcourt ruling now reinstitutes I.Q. testing for African - American students.

Idaho still faces a court decision to determine whether changes that the legislature passed to help low - wealth districts repay interest on their school construction loans meet constitutional requirements.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

A federal judge has postponed the dates for court hearings on whether the North Little Rock and Pulaski County Special school districts in Arkansas have met their desegregation obligations.

The justices have agreed to consider whether parents who are not lawyers have a right to represent themselves, or their child, in federal court in disputes with school districts over the child's educational placement.

Several Justices of the U.S. Supreme Court asked last week whether federal - court supervision of the Kansas City, Mo., school district has gone too far as the Court heard oral arguments in a major school - desegregation Court asked last week whether federal - court supervision of the Kansas City, Mo., school district has gone too far as the Court heard oral arguments in a major school - desegregation court supervision of the Kansas City, Mo., school district has gone too far as the Court heard oral arguments in a major school - desegregation Court heard oral arguments in a major school - desegregation case.

The Court will consider whether a school district may be held liable under Title IX of the Education Amendments of 1972 for the sexual assault of a student by a school principal when the abuser was the only school official with actual knowledge of the offense...

The issue before the court is whether a school district must pay for a private school placement unilaterally chosen by the student's parents when the district has made a «free and appropriate public education» (FAPE) available to the student.

A federal district court in Iowa held that a state tax deduction for school expenses, including private school tuition, does not violate the Establishment Clause because it is available to parents regardless of whether their child attends a public, private or religious school, neither advances nor inhibits religion, and does not entangle the state with religion.

At issue in the case of M.R. v. Ridley School District, is whether school districts must continue paying for a student's private placement once a court finds the school district provided the child with a free appropriate public educationDistrict, is whether school districts must continue paying for a student's private placement once a court finds the school district provided the child with a free appropriate public educationdistrict provided the child with a free appropriate public education (FAPE).

The California Supreme Court will decide this summer whether to take up an appeal by nine students in the historic Vergara vs. California case challenging our unusually protective teacher tenure laws, as well as a seniority - based layoff system that often keeps ineffective teachers in district classrooms while letting more talented but less senior teachers go.

Thereby reaching the third step, the court concluded that her allegations of disparate treatment were «sufficient to create a jury question as to whether the proffered reasons for [Ms. I's] constructive discharge were a mere pretext disguising the School District's discriminatory motive.»