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23 May 2011, 10:25 am
As a result, last Thursday we filed an appeal of the May 4 decision to the U.S. [read post]
30 May 2023, 4:00 am
The Board appealed. [read post]
11 Sep 2008, 4:03 pm
Court of Appeals for the Third Circuit held labor union UNITE HERE liable under the federal Driver's Privacy Protection Act (DPPA) for accessing the motor vehicle records of Cintas Corp. employees to find their home addresses. [read post]
1 May 2024, 8:43 am
First, although the Circuit generally declines to address an IAC claim raised for the first time on direct appeal, it will decide the issue when “the record is developed and the resolution of the claim is beyond doubt. [read post]
23 Oct 2023, 6:50 am
The post “If Trump Trial Isn’t Broadcast Live, a Plea to Record It for Posterity; A request to broadcast one of Donald Trump’s federal trials made an intriguing backup argument, one rooted not in the news cycle but in ensuring a complete historical record” appeared first on How Appealing. [read post]
29 Apr 2011, 3:53 am
Thomas argued that although the commissioner considered her prior disciplinary record, he failed to comply with the procedures set out by the Court of Appeals in Bigelow v Village of Gouverneur (63 NY2d 470) in such situations. [read post]
30 Jul 2014, 2:20 pm
Administrative Law License suspension BOTTOM LINE: Under the interstate Driver License Compact, a licensing state is afforded no discretion as to whether to record on a driver’s record a conviction reported to it by another party state; therefore, a driver may not, at an administrative license suspension hearing in Maryland, challenge the validity of an ... [read post]
26 Jul 2016, 4:00 am
" The Town appealed Supreme Court’s ruling.Addressing the Town’s appeal, the Appellate Division noted that:1. [read post]
11 Aug 2024, 11:00 pm
COULDN’T JUSTIFY “PERSONAL PRIVACY” AND “ENDANGERMENT” CLAIMSAfter the NY Civil Liberties Union asked the Village of Freeport for certain law enforcement disciplinary records, pursuant to the Freedom of Information Law, the Village didn’t fully respond to the inquiry. [read post]
12 Aug 2014, 4:06 pm
While the Court must review the record in such appeals, and must do so when the defendant personally files a brief raising certain issues, “But there is no such obligation with respect to counsel supplied so-called ‘arguable-but-unmeritorious’ issues. [read post]
2 Jun 2020, 5:43 am
The Court of Appeals, however, found that “each of [plaintiff’s] claims rests on the contents of the children’s counseling records—specifically, the manner in which the records were created, altered, maintained, and distributed. [read post]
4 Dec 2024, 5:16 pm
(highlight added) Blacklock’s unusually begins its memorandum with bombastic, histrionic, fulsome, fulminating, and patently problematic language untethered to the record and unusual (to put it very mildly) in my experience in the Federal Court of Appeal, especially over the signature of experienced counsel: A Case of David vs Goliath 1.Before addressing the substance of the appeal, this case warrants a brief explanation of the circumstances that form the… [read post]
30 Mar 2013, 6:21 pm
The appeals court concluded however that the "the record was insufficient to allow the trial court to definitively determine this crucial threshold issue" of whether plaintiffs represented a majority of church membership.The appeals court held that in deciding whether plaintiffs were church members, the trial court had misconstrued the provision in the church's bylaws providing:Any person publicly confessing personal faith in the Lord Jesus Christ, giving evidence of a… [read post]
11 May 2020, 5:23 pm
The appeals court examined the evidence of record to determine whether there was sufficient proof of each element for the jury to find negligence. [read post]
12 Feb 2008, 6:27 am
The California Court of Appeals recently issued its decision in Bullock v. [read post]
8 Jul 2010, 4:09 am
A “conclusory affidavit” by the custodian of the records that are the target of a FOIL request insufficient to trigger a FOIL “statutory exception”Matter of Capital Newspapers Div. of the Hearst Corp. v City of Albany, 2010 NY Slip Op 05704, Decided on July 1, 2010, Court of AppealsThe Court of Appeals held that the City of Albany failed to meet its burden of demonstrating that the records sought by Capital Newspapers pursuant to a FOIL request were… [read post]
24 Aug 2017, 4:00 am
” The Commissioner dismissed this appeal explaining "On this record, petitioners failed to effectuate personal service of the application upon the individuals of whom they seek removal and, therefore, did not secure jurisdiction over any of the respondents. [read post]
4 Aug 2011, 7:01 am
After you file your appeal, you must obtain a full record of your case, including transcripts, which you must pay for. [read post]
8 Oct 2012, 9:00 am
It also contains useful appellate forms, important appellate links, CLE materials, and copies of the Appellate Section's newsletter The Appellate Record. [read post]
17 Mar 2007, 6:40 am
Something about its melancholy, rhapsodic nature appealed to me, and of course Rostropovich's playing was intense and involving. [read post]
