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Upon appeal, arguments were heard in November and the Court of Appeals reversed the district court’s dismissal. [read post]
1 Apr 2016, 8:19 am by Liisa Speaker
   Looking at the arbitration clause at issue, the Court of Appeals pointed out the defendants’ underlying claim for past-due payments fell within the contract’s terms. [read post]
20 Jun 2011, 8:57 am
In that matter, the federal government sued the owners of the home where the worker fell. [read post]
16 Jul 2023, 11:00 pm
After he later filed a personal injury case, the Westchester County Supreme Court dismissed the litigation.On appeal, the Appellate Division, Second Department, noted that when people engage in a sporting or recreational activity they are consenting “`to those commonly appreciated risks which are inherent in and arise out of the nature of the . . . [read post]
The CDC can impose specific restrictions on property and liberty interests to slow disease transmission, but the order fell outside of the Act’s scope. [read post]
1 Dec 2011, 12:32 pm by Record on Appeal
  The following is a break-down of how the numbers fell:   Hawaii Supreme Court Intermediate Court of Appeals Opinions 1 2 Memorandum Opinions   5 Summary Disposition Orders   22 Orders Granting Reconsideration     Orders Denying Reconsideration 3 2 Dismissal Orders – Lack of Appellate Jurisdiction   12   Dismissal Orders – HRAP 30   3 Dismissal Orders -… [read post]
21 Jan 2011, 3:35 pm by Christopher Bird
He appealed the sentence, arguing that previous impaired-driving-related sentences where deaths had been caused by the defendants upheld by the Court of Appeal had been for four and five years in length and that his eight-year sentence fell outside the range established by those previous cases.The Court of Appeal disagreed, stating that those previous cases did not constitute a cap on impaired driving sentences. [read post]
2 Oct 2012, 9:00 am by Record on Appeal
  The following is a break-down of how the numbers fell:   Hawaii Supreme Court Intermediate Court of Appeals Opinions   1 Memorandum Opinions   3 Summary Disposition Orders   17 Orders Granting Reconsideration     Orders Denying Reconsideration 5 1 Dismissal Orders – Lack of Jurisdiction 2 1 Dismissal Orders – HRAP 30   8 Dismissal Orders - Other   11 Misc. [read post]
The appellants fell back upon the suggestion that there were other cases of a more severe nature that were given lighter sentencing. [read post]
25 Apr 2012, 7:44 am
Hennon Hollinghead was allegedly injured on January 21, 2010, when he fell on a walkway between the parking lot and the shop where he regularly performed his work duties. [read post]
11 Nov 2015, 4:10 am by Howard Friedman
The European Court of Human Rights yesterday held inadmissible (i.e. dismissed at a preliminary stage as incompatible with the European Convention on Human Rights) the appeal of a conviction by a French court of a comedian charged with publicly directing insults at a person or group of persons on account of their origin or of belonging, or not belonging, to a given ethnic community, nation, race or religion. [read post]
24 Jun 2023, 4:34 pm by Georgialee Lang
Stav 2012 BCCA 154 where the court observed that “allowing such evidence without structure or limits takes an appeal beyond the record of the trial, and beyond the error-seeking function of the Court…” The Court of Appeal found that the court below “created a new evidentiary record based on post-trial events”, making new findings of fact to support the variation of the Provincial Court’s order and determined that the Provincial Court… [read post]