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23 Apr 2021, 5:22 am
To prevail on appeal, you’ll need to show that the initial denial of your claim was unsupported by the record. [read post]
13 Nov 2011, 4:13 pm
The father appealed the decision. [read post]
26 May 2008, 10:56 pm
In the event leave to appeal is granted and the motion to expedite the hearing is granted, the Court suggests that the following timelines apply: The appellants' factums, record and book of authorities to be served and filed by June 6, 2008; Any applications for leave to intervene to be served and filed by June 6, 2008; The respondents' factums, records and books of authorities to be served and filed by June 10, 2008; The interveners' factums to be served… [read post]
5 Sep 2013, 1:53 pm
Developing a sufficient administrative record is imperative because after an administrative appeal and once a claim is filed in court, various circumstances determine whether or not the court’s review of the administrator’s decision is limited to the evidence in the administrative record or if additional discovery is allowed. [read post]
8 Jan 2017, 8:29 am
The Court of Appeals concluded that “it is an abuse of discretion as a matter of law when, as here, a court determines, in the absence of any record evidence to support such determination, that a respondent will be substantially prejudiced in its defense by a late notice of claim. [read post]
22 Sep 2022, 10:15 am
” In finding that the record supported a “yes” to that question, the Appeals Court criticized the DUA’s reliance on the “absence of credible evidence indicating the inspectors were actually engaged in independent enterprises” and thus forced to rely on Tiger for work. [read post]
Washington Appeals Court Reverses Rendering Criminal Assistance Conviction for Insufficient Evidence
17 Sep 2024, 8:59 pm
He said the police did not know who owned the firearm and there was no record indicating whether anyone in the room owned it. [read post]
19 May 2012, 10:55 am
The Michigan Court of Appeals recently decided the case of People v. [read post]
19 Mar 2020, 9:55 am
The defendant proceeded to trial, was convicted of DWI, and appealed. [read post]
21 Dec 2018, 10:42 am
According to court records in Tunstall v. [read post]
16 Feb 2017, 8:21 am
Court records indicate there was no written contract between the state fair and the security company, but the fair hired the security company for the purpose of fulfilling the fair’s security obligations. [read post]
4 Aug 2022, 7:21 am
Defendant appealed that judgment, but the Court of Appeals found no error in State v. [read post]
3 Feb 2022, 6:55 pm
This post summarizes criminal decisions from the North Carolina Court of Appeals published on February 1, 2022. [read post]
7 Aug 2019, 2:04 pm
Continuing our new practice of posting North Carolina appellate court case summaries to the blog, this post provides summaries of the North Carolina Court of Appeals opinions published on August 6, 2019. [read post]
4 May 2008, 8:07 am
On Thursday, The Record (Grayson County) reported that Liberty Counsel has agreed to argue the appeal at no cost to the county. [read post]
7 May 2015, 10:56 am
The Second Circuit Court of Appeals ruled today that the National Security Agency’s (NSA) telephone metadata collection program, which gathers up millions of phone records on an ongoing daily basis, is illegal. [read post]
28 Dec 2015, 6:17 am
She appealed this denial based upon grounds that ALJ discredited her testimony without providing sufficient evidence in the record as to why she was allegedly exaggerating her pain and inability to work. [read post]
3 Jan 2012, 5:16 am
The children gave themselves raises and later left -- taking some business records with them. [read post]
8 Dec 2021, 12:31 pm
The defendant then used his cell phone to record the victim pleading for his life. [read post]
20 Jul 2018, 6:44 am
On appeal, her medical records were updated and a functional capacity evaluation (FCE) was performed. [read post]