Search for: "Petition To Review Or In The Alternative For A Writ Of Mandamus"
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17 Oct 2011, 10:34 am
Plaintiff then filed its petition for administrative mandamus on the grounds the Regional Board failed to comply with section 316(b) of the CWA, among others. [read post]
24 Sep 2011, 3:58 am
They petitioned the Tenth Circuit to review that decision. [read post]
17 Sep 2011, 4:07 am
The Board denied her petition for review as untimely filed, finding no credible medical evidence regarding her condition. [read post]
10 Sep 2011, 12:59 am
Alternatively, the court ruled that summary judgment for the State was proper on the basis of the "Faragher/Ellerth" affirmative defense to employer liability for a supervisor’s sexual harassment of a subordinate. [read post]
16 Aug 2011, 11:20 pm
The writ will issue only if it does not. [read post]
7 Jun 2011, 12:30 pm
ThalerDocket: 10-895Issue(s): 1) Whether the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) - which establishes a one-year statute of limitations for a state prisoner to file a federal habeas petition, running from "the date on which the judgment [of conviction] became final by the conclusion of direct review or the expiration of the time for seeking such review" - dictates a single federally prescribed point in time when all state… [read post]
4 May 2011, 11:12 am
Supervisory jurisdiction may be refused to be exercised when an alternative efficacious remedy by way of appeal or revision is available to the person aggrieved. [read post]
19 Jan 2011, 6:00 am
When a party alternatively requests mandamus relief, and all procedural rules governing petitions for mandamus have been met, can a Texas court of appeals refuse to grant relief unless a second parallel proceeding is filed? [read post]
15 Dec 2010, 9:42 am
The City appealed the writ and the court affirmed the judgment. [read post]
26 Oct 2010, 9:28 am
After losing it, SCI filed a petition for a writ of mandamus. [read post]
21 Oct 2010, 10:15 am
While dismissing the writ petition the Hon’ble High Court with respect, had taken a rather restricted view of the writ of Mandamus. [read post]
14 Sep 2010, 6:49 am
The relator’s petition for a writ of mandamus was denied with one Justice dissenting by stating the cooperative law Agreement was an illegal contract that conflicted with the Texas collaborative law statute and was therefore void. [read post]
29 Aug 2010, 7:04 pm
LEXIS 193 (Ky. 8/26/2010) Movants attempt to use both the writ mandamus and prohibition to unseal evidence placed under seal in a companion case denied as rather than seeking extraordinary relief he could simply move before the trial court presiding over his own matter for access. [read post]
16 Jun 2010, 5:48 am
The Alabama Supremes granted the insurer's mandamus petition. [read post]
4 Mar 2010, 1:43 pm
On Prof’l Ethics, Op. 586 (2008).Notwithstanding the application of settled contract law and public policy favoring alternate dispute resolution, many respected jurists and lawyers oppose arbitration because it is not cost effective, disgorges unwary consumers of the right to a jury trial, and eliminates appellate review for errors of law. [read post]
21 Dec 2009, 6:17 am
And, finally, it found that issuing the writ was appropriate in this case: The question remains . . . whether this case is an appropriate candidate for mandamus. [read post]
14 Dec 2009, 3:24 am
Defense attorneys appealed the court’s order or, in the alternative, sought mandamus relief; the Eleventh Circuit dismissed the appeal for lack of jurisdiction as the order was not appealable, and denied the petition for writ of mandate. [read post]
13 Dec 2009, 7:24 pm
._ Defense attorneys appealed the court’s order or, in the alternative, sought mandamus relief; the Eleventh Circuit dismissed the appeal for lack of jurisdiction as the order was not appealable, and denied the petition for writ of mandate. [read post]
8 Dec 2009, 7:23 am
Second, in extraordinary circumstances—i.e., when a disclosure order “amount[s] to a judicial usurpation of power or a clear abuse of discretion,” or otherwise works a manifest injustice—a party may petition the court of appeals for a writ of mandamus. [read post]
2 Oct 2009, 1:44 pm
We deny OCWD's petition for a writ of mandamus because we conclude that: (1) our opinion in MTBE did not require the District Court to remand OCWD's action, and (2) OCWD's alternative jurisdictional arguments can be reviewed in the regular course of appeal. [read post]