Search for: "In Re Harm's Appeal"
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26 Mar 2023, 5:00 pm
Its brief declared: [T]he defendant is just as irreparably harmed if the district court purports to limit its role to presiding over discovery. [read post]
31 Jul 2012, 9:00 am
In the most recent issue of Litigation, the journal of the ABA’s Litigation Section, there is an interesting article entitled “Making the Best of Being an Appellee” that provides several practice pointers for parties to an appeal – if you are an appellee. (1) Tell your own story: in other words, don’t let the only version of the facts be those set forth by the appellant in the opening brief; (2) Don’t let the appellant set the stage: for… [read post]
21 Oct 2011, 5:26 pm
In re M.C. (05-11-00042-CV) – Recites well-established (1) rule that proceedings to involuntarily terminate parental rights are strictly scrutinized on appeal; and (2) rule that statutes governing involuntary termination of parental rights are strictly construed in favor of the parent. [read post]
30 Sep 2015, 11:41 am
The majority opinion quoted approvingly an NCAA expert who had said during the trial of the case that “if you’re paid for your performance, you’re not an amateur. [read post]
19 Oct 2021, 12:11 pm
So we cannot keep complaining if we’re going to be part of the problem. [read post]
22 May 2020, 8:14 am
In this case, we’re hoping the court of appeals looks at the bigger picture, and corrects these errors. [read post]
7 Sep 2011, 4:45 pm
What's the harm from giving the guy a re-sentencing hearing instead of defending an execution based on this hot-button argument about race that now-Senator Cornyn, Abbott's predecessor as AG and former colleague on the Texas Supreme Court, could not bring himself to endorse? [read post]
15 Jul 2009, 1:08 pm
On July 14, 2009, the Michigan Supreme Court issued its opinion in In re Lee, No. 137653. [read post]
16 Dec 2022, 10:18 am
If the panel has given a tentative ruling in your favor or the tenor of the panel’s questions suggests the judges are leaning toward affirming, remember the Hippocratic Oath, and then do no harm to your case.In the irresistible pun department, note that the standard of review in 4/1's unpub the other day in In re Dinovo is ... abuse of discretion! [read post]
28 Oct 2008, 7:24 pm
The Defendants appealed on several grounds. [read post]
11 Oct 2007, 9:34 am
They're only valid under certain circumstances, and can never, under any circumstances, be put in as a penalty.) [read post]
13 Nov 2019, 7:37 am
On appeal, Ms. [read post]
12 Jun 2013, 1:17 pm
In some cases -- as with the young child (and, potentially, even with older children), imputation might be a bad idea, and harm the kids. [read post]
3 May 2013, 1:58 am
Before going into more detail on this particular dispute, let's step back and look at the broader strategic landscape.2013: The Year of the Appeals Courts2013 is definitely the Year of the Appeals Courts in the ongoing smartphone patent disputes. [read post]
4 Feb 2022, 3:19 pm
Both sides appealed, and the Ninth Circuit is now reviewing the case. [read post]
9 May 2013, 10:53 am
Last week, the Court of Special Appeals of Maryland decided the case of Davis v. [read post]
21 Mar 2012, 10:28 am
A number of issues arose on the appeal. [read post]
19 Apr 2022, 3:09 am
The Supreme Court denied cert in the case, even though the Texas Court of Criminal Appeals dodged the issue of whether the juror was racist by holding that there was no harm. [read post]
28 Jun 2023, 11:11 am
Assault refers to the threat of violence, not the violence itself, while battery involves offensive physical contact or bodily harm. [read post]
13 Sep 2014, 8:31 pm
And you're stuck with their decision because there's no appeal. [read post]
