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4 Dec 2014, 2:48 pm
I would dismiss the appeal. [read post]
7 Mar 2008, 8:11 am
Here, where there was no waiver at all, the COA held that the issue was fundamental and could be raised on appeal. [read post]
1 May 2010, 8:03 am
Defendant "Doe 3," whose identity is not known to plaintiffs Arista Records LLC et al., appeals from an order of the United States District Court for the Northern District of New York, Glenn T. [read post]
16 Dec 2009, 3:52 am
But the Court of Appeal concluded that this approach could not be applied to the class as a whole, because there was substantial record evidence that after Vioxx was withdrawn from the market, most Vioxx patients switched to other similarly-priced brand-name COX-2 inhibitors, not generic naproxen. [read post]
22 Apr 2007, 10:18 am
" * * * Under federal and state laws, lawyers note, defendants seeking appeals can raise due process challenges when transcripts, exhibits or other records are missing because federal due process guarantees the right to receive a record of trial to permit an effective review. [read post]
10 Sep 2016, 3:55 pm
” Holding “the record is replete with evidence that Husband was evasive and uncooperative with discovery,” the Court of Appeals found that these records could not have been discovered prior to trial. [read post]
27 Oct 2011, 3:52 am
Whether the Navy-Marine Corps Court of Criminal appeals erred, as a matter of law, when it found that the accused’s unsworn statement raised the possibility of a defense when the facts on the record did not establish a prima facie case for duress. [read post]
2 Aug 2009, 3:26 pm
We have examined each of the eleven statements at issue on this appeal. [read post]
29 Apr 2015, 4:01 pm
For the record, Recital 31 of the Directive reads like this:(31) A fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matter must be safeguarded. [read post]
13 Apr 2010, 3:37 am
On appeal, the Federal Circuit confirmed that those methods fit within the machine-or-transformation test of Bilski and therefore are patentable. [read post]
3 Jan 2011, 4:15 am
When Cardillo advised Johnston that no disciplinary action would be taken against Shine, Johnston appealed to the Commissioner. [read post]
17 Mar 2012, 5:00 pm
More here (including the cert app) from Rebecca Copeland's Record on Appeal. [read post]
12 Nov 2013, 4:00 am
However, should the appointing authority be faced with a mandatory eligible list, it must either select one of those certified to it as standing highest on the eligible list within the meaning of the Rule of Three or elect to keep the position vacant.Another issue considered by the Appellate Division in Candidate’s appeal focused on the refusal of DOC to have the circumstances underlying Candidate’s not being appointed to the position expunged from the record before DOC… [read post]
21 Aug 2020, 4:00 am
Sufficient detail to permit an effective appeal: Notwithstanding Student's contention to the contrary, the Appellate Division opined that SUNY's written determinations did not violate Student's right to due process as they contained sufficient detail "to permit [Student] to effectively challenge the determination in administrative appeals and in the courts and to ensure that the decision was based on evidence in the record," nor did the… [read post]
11 Sep 2015, 4:00 am
The court then ruled that the Board had “properly precluded further development of the record” since the issue of Claimant's causally-related disability was addressed and decided by the Board in its December 19, 2012 decision.The Appellate Division then explained that “To the extent that Claimant now asserts, on the instant appeal, that the Board erred in crediting the opinion of the impartial specialist that Claimant had no causally-related disability, her… [read post]
20 Dec 2023, 5:00 am
Corp. v Chem Bank, 78 NY2d 371, 377-378, quoting Rossi, 73 NY2d at 593-594).*** Other examples of such statutory exemptions: Education Law, §1127 - Confidentiality of records; §33.13, Mental Hygiene Law - Clinical records; confidentiality.Click HERE to access the decision of the Court of Appeals posted on the Internet. [read post]
8 Jan 2013, 1:19 pm
Appeal from an award of summary judgment by the U.S. [read post]
10 Jul 2020, 4:00 am
"Finding that the Board had indicated that the arbitrator's decision was not part of the record before it notwithstanding its being an element in employer's appeal and a copy of it was annexed to the employer's administrative appeal to the Board, Appellate Division remanded the matter to the Board to permit the employer to place the arbitration decision into the record and to provide an opportunity for Claimant and the employer to provide… [read post]
21 Aug 2020, 4:00 am
Sufficient detail to permit an effective appeal: Notwithstanding Student's contention to the contrary, the Appellate Division opined that SUNY's written determinations did not violate Student's right to due process as they contained sufficient detail "to permit [Student] to effectively challenge the determination in administrative appeals and in the courts and to ensure that the decision was based on evidence in the record," nor did the… [read post]
20 Dec 2023, 5:00 am
Corp. v Chem Bank, 78 NY2d 371, 377-378, quoting Rossi, 73 NY2d at 593-594).*** Other examples of such statutory exemptions: Education Law, §1127 - Confidentiality of records; §33.13, Mental Hygiene Law - Clinical records; confidentiality.Click HERE to access the decision of the Court of Appeals posted on the Internet. [read post]
