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8 May 2014, 7:14 am
The Court of Appeals concludes, "Even if we were of the view that counsel erred and that this justification did not amount to a reasonable trial strategy in light of the alibi’s exculpatory value, we cannot conclude in the face of the contrary State court judgment that any and all fairminded jurists” would agree. [read post]
29 Mar 2023, 5:50 am
The Court of Appeals (Lohier, Carney and Nathan) is careful to note that it is not adopting a categorical rule that shard spaces in muti-unit buildings may be searched by the police without a warrant. [read post]
10 Mar 2013, 7:35 pm
The letter from the adjuster will also tell the injured worker that he or she has the right to file an appeal if they disagree with the consultation. [read post]
27 Jun 2007, 6:53 am
Some quotes:Free speech does not protect a woman from being prosecuted for disorderly conduct after she continued to shout at police officers who warned her to stop, the Indiana Court of Appeals ruled. [read post]
16 Mar 2010, 7:34 pm
He appeals his conviction arguing for the first time on appeal that his vehicle was unlawfully searched and that the jury did not have sufficient evidence to convict him of bail jumping. [read post]
21 Feb 2008, 11:16 am
The Court of Appeal affirms. [read post]
19 Oct 2007, 2:52 pm
" does not cut it. [read post]
6 Oct 2008, 8:45 pm
They always appeal to a core of independent-minded and devoted individuals, but only occasionally does everyone else sit up and pay attention. [read post]
8 Oct 2006, 5:31 am
For those who don’t know, ‘pro se’ means “a person who does not hire a lawyer and appears for himself/herself in court”. [read post]
26 Apr 2013, 1:10 pm
Without any foundational basis showing that such evidence could or would be discovered, this possibility does not raise a likelihood that individual issues would predominate over common issues in the litigation. [read post]
2 Jan 2015, 9:23 am
In many cases, the entire trial is thrown out and the two sides must start from scratch, but this appeal only applies to the sentence. [read post]
18 Aug 2010, 1:42 pm
The Court of Appeal held that the genuine dispute doctrine does not apply in all bad faith insurance contexts. [read post]
29 Jan 2008, 4:34 pm
In this interstate adoption case, appellants John and Jane Doe directly appealed from two South Carolina Family Court Orders, both of which the Court reversed and remanded. [read post]
16 Oct 2011, 5:04 pm
The Newfoundland and Labrador Court of Appeal has held that, as a matter of principle, a bid depository system does not create a duty of care by the owner in favour of the subcontractor. [read post]
17 Aug 2016, 10:58 am
The post Business Judgment Rule Does Not Protect the Willfully Ignorant appeared first on HOA Lawyer Blog. [read post]
5 Dec 2011, 5:01 pm
He filed a very concise notice/statement of grounds of appeal (cited in the decision).The Board found the appeal to be inadmissible, for the following reasons:*** Translation of the German original ***[1] A statement of grounds of appeal only qualifies as such if it deals with the impugned decision and does not only refer to submissions made during the opposition proceedings (established case law of the Boards of appeal, e.g. [read post]
10 Oct 2011, 2:30 pm
However, if the appealing party does not do at least 25% better than the arbitrator's ruling, the appealing party is liable for the non-appealing party's fees and costs. [read post]
10 Oct 2011, 2:30 pm
However, if the appealing party does not do at least 25% better than the arbitrator's ruling, the appealing party is liable for the non-appealing party's fees and costs. [read post]
22 Feb 2016, 1:34 pm
Pritchett’s motion, and Ford appealed. [read post]
24 Nov 2009, 6:16 am
Court of Appeals for the Third Circuit has emphasized the general rule that an insurer’s failure to follow its own internal procedures does not necessarily equate to bad faith. [read post]
