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21 Sep 2020, 2:39 pm by Allan Blutstein
”Aren’t agencies required to review FOIA appeals based on the administrative record established at the time the appeal was received? [read post]
8 Sep 2022, 4:30 pm by William A. Jacobson
"the government seeks a stay to the extent the Order (1) enjoins the further review and use for criminal investigative purposes of records bearing classification markings ... and (2) requires the government to disclose those classified records to a special master for review. [read post]
20 Apr 2015, 5:39 pm by Michael Lumer
45 Monroe Place, Brooklyn, NYNYS Appellate Division for the Second DepartmentThe New York Appellate Division has agreed to expedite the appeal from a lower court's decision rejecting the request to unseal grand jury records in the Eric Garner case. [read post]
17 Feb 2017, 9:01 am by David Oxenford
As we wrote just before Christmas, the New York Court of Appeals determined that there was no public performance right in pre-1972 sound recordings under New York state law. [read post]
27 Oct 2022, 12:26 pm by Robert Guest
As a result, the appeals court held that the wife failed to present evidence in the record that the trial court abused its discretion. [read post]
21 Nov 2017, 1:20 pm by David Kramer
Thus, lawyers defending appeals should not confine themselves to arguing solely the issues raised by the appellant, but should scour the record for other bases on which to argue that the trial court should be affirmed. [read post]
17 Feb 2012, 5:19 pm
Circuit Court of Appeals upheld a ruling allowing a trustee to avoid a lien on a North Carolina property whose deed of trust was never properly recorded. [read post]
5 May 2015, 7:03 pm by Andrew M. Dansicker
The Board, upon receiving a timely filed appeal, can do one of a number of things: 1) Reject the appeal and inform the appealing party that they have the right to file an appeal with circuit court; 2) Accept the appeal and decide the matter on the record and any supporting briefs filed by the parties; 3) Accept the appeal and schedule a hearing. [read post]
29 Oct 2012, 12:35 pm by josephsongy
Once the notice to appeal is filed, the court reporter and clerk are given time to make the transcripts and gather and bring the records to the appeal court. [read post]
2 Feb 2024, 3:04 pm by William A. Jacobson
"The record before this Court is underdeveloped, and this order should not be construed as expressing any view on the merits of the constitutional question. [read post]
16 Jul 2024, 8:00 am by Jane Coleman
Court: There is no fundamental right to a birth certificate recording gender identity instead of biological sex. [read post]
3 Nov 2015, 11:40 am by Andrew Crocker
Then, the Second Circuit Court of Appeals refused to grant the ACLU a preliminary injunction against the NSA’s bulk telephone records program, despite having previously found that the program was illegal. [read post]
1 Oct 2014, 11:29 am by Arthur F. Coon
In affirming, the Court of Appeal observed that actual costs to prepare the record in an administrative mandamus action are recoverable (citing Code Civ. [read post]
31 Mar 2022, 3:06 am by James E. Novak, P.L.L.C.
At trial, the prosecutor referenced eight prior convictions on the defendant’s record, and the defendant argued that this reference unnecessarily biased the jury deciding his case. [read post]
19 Feb 2020, 10:44 am by Gregory Dell
But the court cannot consider that new evidence because the appeal record is closed. [read post]
4 Nov 2011, 1:10 pm by Record on Appeal
  After the appeal from the order was filed, the district court denied a motion to stay the underlying proceedings pending appeal. [read post]