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17 May 2017, 12:34 pm
In vacating the trial court’s order granting the defendants’ motion for summary judgment, the court noted that the lower tribunal had failed to state the legal grounds upon which its decision was based. [read post]
20 Feb 2020, 3:02 pm
According to the reviewing court, the lower tribunal had been wrong in granting summary judgment to the anesthesiologist because the plaintiff’s expert affidavits raised issues of fact on the issues of the defendants’ alleged deviation from the standard of care and causation. [read post]
20 Nov 2014, 3:09 pm
Windsor, which set off the flurry of lower court rulings on the validity of state bans. [read post]
14 Mar 2022, 7:24 am
Indeed, many appeals courts have struggled to formulate an answer as to which lower court orders may be appealed. [read post]
24 Oct 2018, 9:03 am
The Appellate Court’s Decision The Commonwealth of Massachusetts Appeals Court affirmed the lower tribunal’s dismissal of the plaintiff’s case. [read post]
23 Jul 2020, 8:20 am
Moreno Perez received the bribes in exchange for judicial actions, such as directing lower-court judges to release specific defendants or to dismiss particular cases, in over 20 judicial proceedings. [read post]
18 Jun 2021, 10:55 am
Although the plaintiffs did not get everything they asked for in the lower court, the appellate tribunal explained that “prevailing parties” are those who succeed on a “significant claim” rather than on every allegation asserted. [read post]
22 Apr 2019, 1:59 pm
The court also affirmed the lower tribunal’s granting of the defendant doctor’s motion to dismiss the plaintiff’s complaint as untimely. [read post]
25 Jul 2018, 7:12 am
However, the court of appeals disagreed with the lower tribunal with regard to its assignment of fault between the parties. [read post]
29 Nov 2017, 4:00 pm
Second, the powers given to this new tribunal would invite gamesmanship and abuse. [read post]
16 Oct 2009, 10:58 am
" The Supreme People's Court has over 200 judges who meet in small tribunals. [read post]
22 Jul 2007, 10:56 am
Beech Grove Schools, where, to quote from the Terre Haute Tribune-Star story last week:Judge Ann Smith Mishler, a special judge in the case, referred to the Supreme Court's ruling in her decision. [read post]
20 Dec 2014, 8:36 am
Under section 31.004 of the Texas Civil Practice and Remedies Code, [a] judgment or a determination of fact or law in a proceeding in a lower trial court [e.g., a small-claims court] is not res judicata and is not a basis for estoppel by judgment in a proceeding in a district court, except that a judgment rendered in a lower trial court is binding on the parties thereto as to recovery or denial of recovery. [read post]
7 Oct 2011, 12:17 am
The lower tribunal found that the statute of limitations applied, which the First District reversed on the basis that Florida’s lack of any such statute was controlling under UIFSA. [read post]
18 Oct 2011, 4:27 am
The reversal was based on the failure of the Husband to request any such setoff in his pleadings, the Court’s finding that the Husband had traditionally paid such expenses during the marriage, and the lower tribunal’s use of these payments elsewhere in its judgment as temporary alimony paid by the Husband. [read post]
16 Nov 2011, 1:17 pm
LaDuke is schedule to have a bond hearing in Rolling Meadows Branch Court on Wednesday. [read post]
28 Oct 2013, 9:49 am
Heil’s motion for a preliminary injunction was denied for three reasons: the lower court said the information Kula allegedly provided Heil could have been easily duplicated or acquired by others in the industry; any injuries Heil sustained could be adequately compensated by monetary damages; and the balance of hardships weighed in the defendants’ favor. [read post]
16 Jul 2018, 9:45 am
Crouch: I also submitted my own memo highlighting the issue of estoppel and deference to claim construction by other tribunals. [read post]
19 Nov 2020, 4:49 pm
Decision of the Appellate Tribunal The Tennessee Court of Appeals vacated the trial court’s order denying the plaintiff’s request for prejudgment interest, holding that the lower tribunal acted in error in holding that such relief was precluded under the plaintiff’s UM policy. [read post]
23 Oct 2020, 6:11 pm
In so doing, the appellate court noted that the lower tribunal had stated that it was “unaware” of any basis for expanding the time for service of process of the plaintiffs’ complaint against the defendant; however, the appellate court pointed out that there had been a motion pending before the lower court seeking an enlargement of time under the rule when it granted the defendants’ motion to dismiss. [read post]
