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5 Jun 2011, 10:00 pm by David Hart QC
 This means that the developer can appeal on the merits, whereas the objector cannot and hence has to find some error of law in the determination by the LPA capable of being judicially reviewed. [read post]
16 Jan 2018, 8:02 pm by John Floyd
But the Seventh Circuit chose to lay open the blatant misconduct Cummings had engaged in during the trial, from its start to finish. [read post]
9 Feb 2007, 6:20 pm
Staying the case benefits the telecoms, since dragging out the litigation buys them time and leaves open the possibility that Congress will pass a retro-immunity. [read post]
22 Feb 2017, 8:43 am by Charlotte Garden
Finally, in response to questions from Chief Justice John Roberts and Justice Elena Kagan, Kovner was able to articulate her argument for why the court should affirm the 9th Circuit: The district court had applied the relevance test as though it were a “necessity” test, and that legal error was by definition an abuse of discretion. [read post]
14 May 2018, 9:30 pm by Justin S. Daniel
But a President’s legal authority to modify or eliminate monument designations made by a predecessor is open to debate. [read post]
4 Aug 2022, 10:53 am by Hyland Hunt
Judge Katsas concurred, noting that the opinion did not foreclose a finding of prejudicial error in other manufacturers’ cases. [read post]
4 Aug 2009, 1:49 pm
And while Google is "dominant" for now, what Google dominates is an open Internet where barriers to entry are low and falling.Indeed, regulators will have a hard time even defining the market they're reviewing for competitiveness. [read post]
2 Feb 2011, 4:10 am by Russ Bensing
  That left the question of what happens if you appeal from a void judgment, an opening the defendant seized in State v. [read post]
2 Aug 2008, 1:37 am
The CAFC noted: At the same time, this court must recognize that a pattern of error based on previously-expressed views or findings may make it difficult for a trial court to approach a remanded case with an open mind. [read post]
26 Aug 2020, 6:43 pm by Gregory Forman
Father also argued a culmination of errors “combined to prejudice him and deprive him of a fair trial. [read post]
18 Nov 2021, 11:28 am by Jonathan Bailey
Text on the landing page was placeholder text that went into production by error. [read post]
21 Dec 2019, 2:53 am by SHG
These errors, which concern major events, cannot be described as interpretation or “framing. [read post]
18 Sep 2007, 3:45 am
They were also persuaded the error was prejudicial. [read post]
17 Nov 2010, 10:20 am by Kim Zetter
” The third section comes from archaeologist Howard Carter’s diary describing the opening of a door in King Tut’s tomb on Nov. 26, 1922. [read post]
21 Mar 2017, 10:24 am by James E. Novak, P.L.L.C.
The appellate court found that he’d waived review of this issue because he hadn’t claimed the error was fundamental, and even if he hadn’t waived the argument, he couldn’t establish fundamental error. [read post]
11 Jun 2007, 9:28 am
The Court found this to be plain error because the factual findings in the PSR were inadequate. [read post]
17 Jun 2019, 12:15 pm by Jonathan Bailey
While that’s not a huge improvement in terms of practicality, costing $24,475 in fees alone for this site, it does open up some new options. [read post]