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The court concluded that the limitation imposed by section 46 on a person in the appellant’s position to participate in an appeal on a question of law under section 44 of the AATA does not compromise the functioning, impartiality, or independence of the federal court. [read post]
24 Oct 2013, 7:58 am
While this is no doubt at least a minor victory for Davontae Sanford, Michigan criminal appeals attorneys know that successfully appealing a criminal conviction or sentence is not easy. [read post]
15 Jun 2013, 6:15 am by Joe Mullin
Thomas Hawk / flickr Porn-trolling operation Prenda Law hit a major wall last month in its business of suing thousands of John Doe defendants over illegal porn downloads. [read post]
27 Mar 2008, 7:29 am
Court of Appeals for the First Circuit ruled this week to dismiss the appeal (Fastcase users click for case) of Peter Damon, a former sergeant in the U.S. [read post]
3 Aug 2023, 1:16 am by Rose Hughes
There is growing consensus from recent Boards of Appeal that G1/21 does not endorse the imposition of ViCo oral proceedings, absent a state of general emergency (T 1501/20). [read post]
8 Jun 2010, 1:37 pm by Dan Michaluk
The defendant successfully moved for an order compelling answers, and the plaintiffs appealed. [read post]
20 Jun 2010, 9:28 pm
Here’s another issue lawyers often ask me to address: Must an appellate court consider the merits of an appeal when the appellee does not file a response brief? [read post]
24 Mar 2010, 9:42 pm
Rejecting this request, the Commissioner noted that “An appeal to the Commissioner is appellate in nature and does not provide for investigations. [read post]
19 Aug 2022, 2:02 pm by Howard Bashman
The post “Crypto trader can sue IRS over ‘John Doe’ summons for Coinbase records — 1st Circ” appeared first on How Appealing. [read post]
18 Jul 2023, 1:21 pm by Joel E. Tasca and John L. Culhane, Jr.
Court of Appeals for the Second Circuit has ruled that because “there is no bright-line rule that only purely factual or transcription errors are actionable under the [Fair Credit Reporting Act (FCRA)],” the FCRA does not contemplate a threshold inquiry by the court as to whether an alleged inaccuracy is “legal” for purposes of determining whether the plaintiff has stated a cognizable claim under the FCRA. [read post]
24 Sep 2008, 9:58 pm
Today, in People v Montilla, the Court of Appeals held that adefendant is convicted, at least for some purposes, the day he pleadsguilty.A judgment of conviction is based on the date sentence has beenimposed. [read post]
5 Dec 2023, 12:15 am
  The Court of Appeal found that whatever the trial court meant, the partnership had not terminated because it had not dissolved and only after dissolution occurs does the possibility of a partnership termination arise. [read post]
23 Jul 2012, 6:32 am by Steven Koprince
Case in point: the recent decision of the SBA Office of Hearings and Appeals in NAICS Appeal of Delphi Research, Inc., SBA No. [read post]
1 Aug 2013, 8:21 am
Sentencing in this case does seem extremely harsh, however convincing the appeals court is not easily accomplished. [read post]
18 Jan 2010, 4:07 am
Filing an administrative appeal challenging an adverse personnel decision does not toll the statute of limitations for filing a lawsuitSteinberg v Board of Educ. of the City School Dist. of the City of New York, 2010 NY Slip Op 00201, Decided on January 12, 2010, Appellate Division, First DepartmentMatthew Steinberg challenged his termination during his probationary period from his teaching [read post]
6 Mar 2003, 1:47 pm
[JURIST] The National Lawyers Guild [advocacy website] announced Thursday that seventy-four law professors have filed an amicus brief in support of the plaintiffs' appeal in the Doe v. [read post]