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20 Jul 2022, 7:00 am
Underlying this CPLR Article 78 action was a Petitioner's Freedom of Information Law [FOIL] request for certain video footage recorded by a police officer's Body-Worn Camera [BWC]. [read post]
12 Jun 2008, 8:33 pm
Protected only as lesser fact work product prepared in anticipation of litigation, the court of appeals agreed with the district court that the government had shown substantial need for the information and an inability to obtain the equivalent elsewhere. [read post]
11 Jan 2018, 9:11 am
Supreme Court cites 'Ferris Bueller's Day Off' during oral argument.In The Recorder, in this month's On Appeals Column, Sarah Hofdstadter makes The Case for Interim Appeal by Certification in All California Civil Cases. [read post]
6 Sep 2007, 9:59 am
" The government is bound to appeal. [read post]
12 Sep 2023, 7:44 pm
It’s a long-awaited victory for Public.Resource.org, a nonprofit organization founded in 2007 by open records advocate Carl Malamud of Healdsburg, Calif., and represented in this case by the Electronic Frontier Foundation (EFF) with co-counsel Fenwick & West and David Halperin. [read post]
26 May 2022, 5:09 am
The court said that the rule “clearly represents a reasonable balancing of the objectives Congress directed the Commission to address in a complex and technical area based on the record before the Commission. [read post]
17 Mar 2011, 9:48 pm
Patent Office to obtain information related to patentability, both pre- and post-grant, as well as establishing a replacement for the Board of Patent Appeals and Interferences called the Patent Trial and Appeal Board. [read post]
22 Feb 2011, 9:08 am
The state Appeals Court today issued an opinion dismissing a libel case brought against the Boston Herald and reporter Michele McPhee. [read post]
6 May 2021, 9:09 pm
He filed a motion for appropriate relief (MAR), arguing that he should have been sentenced at prior record level III. [read post]
15 Jan 2012, 7:02 pm
In the federal sector, the Commission resolved a total of 7,672 requests for hearings as well as 4,510 appeals from final agency determinations. [read post]
16 Jan 2020, 12:00 pm
The AFIRM Act would also permit ALJs to issue expedited decisions on the record when there are no material issues of fact in dispute. [read post]
6 Jul 2023, 8:10 am
The Court of Appeals found no evidence in the record to support the argument that defendant acted “in the heat of passion” justifying a voluntary manslaughter instruction. [read post]
1 Dec 2010, 9:34 am
A few observations about this month’s stats: (1) the ICA continues to dispose of the vast majority of cases (as it should under the cert system) but does so primarily via dismissing appeals for lack of jurisdiction and summary disposition orders; (2) the motion for reconsideration granted by the ICA reversed a prior decision by the court to dismiss an appeal for lack of jurisdiction; (3) of the 12 orders dealing with… [read post]
25 Apr 2018, 12:31 pm
When Mom appealed the termination of parental rights based on lack of ICWA compliance, the ¶10 State filed an objection and response asserting, inter alia: “At the time of trial, the evidence and record showed the children were not members of an Indian tribe. [read post]
5 Jan 2016, 9:59 am
2015 may set a record low in published South Carolina family law opinions. [read post]
7 Feb 2020, 6:32 am
The panel may proceed with any of the following actions depending on the circumstances of the case: Strike the initial judgment from the record. [read post]
15 Nov 2022, 8:08 am
The court reviewed the trial record to figure out whether the defendant’s argument had merit. [read post]
13 Apr 2023, 6:00 am
The Appellate Division rejected the New York City Department of Records and Information Services' [Records] argument that the Petitioner had failed to exhaust its administrative remedies, noting that Petitioner "... filed a timely administrative appeal from [Record's] initial denial of [Petitioner's] FOIL request" and Records had denied that appeal. [read post]
13 Apr 2023, 6:00 am
The Appellate Division rejected the New York City Department of Records and Information Services' [Records] argument that the Petitioner had failed to exhaust its administrative remedies, noting that Petitioner "... filed a timely administrative appeal from [Record's] initial denial of [Petitioner's] FOIL request" and Records had denied that appeal. [read post]
31 May 2023, 7:34 am
With the advent of high-speed internet, the distribution of photos and video recordings that depict child sex offenses has become an increasingly common issue for law enforcement and the public at large. [read post]
