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10 Sep 2010, 3:14 pm
The Appeals Court reversed the lower Court's decision and determined that New York law should have been used to determine ownership and that further proceedings or a new trial was warranted. [read post]
4 May 2020, 2:40 pm
Louisiana was decided just last month and held that defendants on trial for serious crimes in a state court must be convicted by a unanimous jury. [read post]
3 Jan 2024, 7:54 am
Of the constitutional arguments mounted against administrative enforcement, the one that garnered the most traction with the justices was that administrative proceedings using administrative hearing officers violate a party’s Seventh Amendment-based right to a jury trial in civil cases. [read post]
22 Aug 2022, 9:01 pm
[L]ethal injection drug protocols are decided by Google searches and other decision-making processes that would be patently unacceptable in any other area of administrative law. [read post]
12 Jul 2017, 11:05 pm
At roughly the same time Genzyme issued, and since, the Board has been faulted for violating the Administrative Procedure Act (APA). [read post]
3 Jul 2024, 2:58 am
The Supreme Court’s reasoning could have far reaching effects if applied to other federal agencies that utilize administrative law judges to adjudicate fraud-based allegations. [read post]
28 Feb 2021, 6:33 pm
On Monday, March 1, 2021, the Supreme Court will hear oral arguments in this important case focusing on administrative power of the USPTO Patent Trial & Appeal Board. [read post]
23 Dec 2007, 5:41 am
” Court concluded that claims administrator failed to offer evidence indicating contents of claims file were prepared in anticipation of litigation or trial. [read post]
26 Mar 2020, 10:00 pm
On March 22, 2020, the Wisconsin Supreme Court issued two Administrative Orders, one which postponed all civil and criminal jury trials through May 22, 2020, and the second which suspended most in-person proceedings and provided that, subject to certain exceptions, all court proceedings in Wisconsin Courts are to be conducted via remote audio-visual technology if practicable. [read post]
2 Feb 2017, 5:36 am
These changes led to the first full-scale trial in a campus sexual assault lawsuit since before April 2011, when the Obama administration required colleges to adopt procedures more likely to find students guilty. [read post]
31 Aug 2018, 11:59 am
Supreme Court recognized that guilty pleas, especially those arrived at through the plea bargaining process, are essential to the administration of justice. [read post]
8 May 2012, 11:22 am
Closing arguments began Tuesday in 42-year-old Troy Anderson's case in Denver federal court. [read post]
15 Dec 2011, 8:51 am
In the Chamber judgment in 2009 the Court joined the cases and held unanimously that the applicants had indeed been denied a fair trial. [read post]
30 Apr 2024, 3:20 pm
The Court’s scope of review on appeal of an agency decision was found in R.C. 2506.04 which laid out six grounds to independently justify a trial court’s reversal of an administrative order. [read post]
3 Nov 2022, 1:07 am
One could have a debate over that if Apple had, in a hypothetical scenario, made that promise to a foreign court. [read post]
16 Jul 2024, 9:01 pm
Supreme Court held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission] seeks civil penalties against him for securities fraud. [read post]
13 Mar 2015, 8:54 am
Courts proposal on taped witness statements could skew justice A REPORT published today by the Scottish Court Service claims digital technology should be used to “transform our criminal justice system” and ‘capture’ evidence from witnesses in advance of a criminal trial. [read post]
3 Mar 2016, 5:52 am
Because the charge of discrimination did not mention constructive discharge and there was no evidence the employer had actual notice of the content of the intake questionnaire, the court of appeals concluded Parker had not exhausted his administrative remedies on his constructive discharge theory and affirmed the trial court’s dismissal of that allegation. [read post]
9 May 2020, 1:36 pm
Rather, courts have wide latitude to regulate hearings in the manner they believe is required to achieve an orderly and dignified administration of justice. [read post]
26 Jul 2012, 8:11 am
We will see where this one ends up, but I would bet it never goes to trial. [read post]
