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1 Jul 2015, 6:48 am by Daily Record Staff
Administrative Law Exhaustion of remedies BOTTOM LINE: Court of Appeals reversed a circuit court judgment granting a limited liability company declaratory and injunctive relief and a writ of mandamus against the local Board of Public Works because the LLC had failed to exhaust its available administrative remedies, and mandamus was improper because the challenged action ... [read post]
4 Oct 2017, 12:00 pm by Daily Record Staff
Court of Appeals Constitutional Law, Conflict preemption: The Maryland real property statute providing that a court ruling on a landlord-tenant dispute must conclude that a breach of a lease is “substantial and warrants an eviction” before granting the landlord judgment for possession of the leased premises was not preempted by federal law and regulations mandating ... [read post]
29 Mar 2019, 5:31 am by Akira Tomlinson
” However, the court refused to decide upon whether the laws should be granted a presumption of constitutionality in deciding to grant the stay. [read post]
20 Mar 2012, 10:33 am by admin
But in its order granting a stay of the Citigroup proceedings pending appeal, the U.S. [read post]
28 Apr 2010, 8:08 pm by cdw
The Texas Court of Criminal Appeals in Ex Parte Roy Gene Smith, AP-76,035, granted relief on Penry error: the trial court was required to provide a constitutionally adequate vehicle for the jury to fully consider and give effect to [the proffered mitigation evidence. [read post]
4 Sep 2009, 2:38 am
[JURIST] A spokesperson for the department of Citizenship and Immigration Canada (CIC) [official website] said Thursday that the Canadian government will appeal a controversial decision by the Immigration and Refugee Board (IRB) [official website] to grant asylum to a white South African man who claims he faced persecution in his homeland because of race. [read post]
8 Dec 2011, 1:56 am by tracey
Protesters occupying an empty office complex owned by a bank are set to take their fight to remain to the Court of Appeal. [read post]
27 Feb 2017, 2:37 pm by Heather Cobun
Attorneys for the state filed their opening brief with the Court of Special Appeals on Monday in the fight to reverse a trial judge’s decision last year granting a new trial for Adnan Syed. [read post]
26 Jun 2004, 12:45 pm
District Judge Gladys Kessler said Friday that should the US Justice Department's $280 billion racketeering suit against major tobacco companies end in favor of he companies, she would allow an appeals court to review her decision without an appellate grant of review. [read post]
1 Jul 2008, 4:33 am
The court ruled that Arar had failed to state a claim for which it had jurisdiction to grant relief: We do [read post]
24 Jun 2019, 10:35 pm by Stephen Bilkis
Matter of T v C Decision Pursuant to the Family Court Act, Article 6, a mother appeals from a Family Court order dated 1/10/18. [read post]
1 Apr 2016, 1:05 pm by Heather Cobun
A trial judge’s decision to grant summary judgment in a lawsuit against former doctor Mark Midei, whose license was revoked in 2011 for implanting unnecessary stents, was upheld on appeal Tuesday because the plaintiff did not prove fraud in the 2004 incident to toll the statute of limitations. [read post]
31 Jul 2024, 12:37 pm by BSD
Dealing with appeals from the VA can be an extremely frustrating process, especially when you have obtained new evidence that could grant you a claim. [read post]
31 May 2024, 5:00 am
Some two years after that motion was granted in tenant’s favor, the latter moved to amend her answer to include additional facts about the owner's “fraudulent deregulation scheme,” but the Kings County Civil Court denied that request.On appeal, the Appellate Term, Second Department, noted that absent surprise or prejudice, amendments of pleadings are to be “freely granted” unless the proposed documents are “palpably insufficient or… [read post]
7 Mar 2008, 5:26 am
The Second District Court of Appeal reversed a trial court's refusal to grant attorneys' fees in a wage and hour case. [read post]
13 Jan 2017, 9:24 am
"The Court of Appeal was more hesitant about the justification for granting an injunction in the terms sought. [read post]
8 Aug 2008, 8:48 pm
Again without having actually eyeballed the order, I understand that CAAF yesterday granted review of the something like the following issue:WHETHER THE LOWER COURT ERRED WHEN IT FOUND THAT A PROVISION IN APPELLANT'S PRETRIAL AGREEMENT TO "WAIVE ALL WAIVABLE MOTIONS" WAS AN EXPRESS WAIVER THAT BARS APPELLANT FROM ASSERTING ANY CLAIMS OF MULTIPLICITY OR UNREASONABLE MULTIPLICATION OF CHARGES ON APPEAL.United States v. [read post]
25 Jun 2007, 9:08 pm
(thus, no "post-grant opposition" procedure is a real possibility, but then it is possible that patent reform 2007 may end as patent reform 2005).Separately, at IPCentral see Patent Reform--Post Grant Review Promising? [read post]
30 May 2011, 9:35 am by Daniel Makosky
Serbian authorities must postpone Mladic's extradition [AP report] until the court reviews the appeal, which formally requests that independent physicians, including cardiologists, neurosurgeons, orthopedists and gastroenterologists, be granted access to assess Mladic's condition [B92 report]. [read post]