Posts tagged with: "Appeals"
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9 Mar 2012, 7:20 am
”Pieters and Noble argue in their leave to appeal motion that the Divisional Court erred in granting an application for judicial review, failed to show necessary deference to the tribunal, and failed to recognize the appropriate standard of review was reasonableness.The two lawyers also argue the Divisional Court erred in finding the tribunal reversed the onus of proof of discrimination, erred in determining a human rights applicant must prove there was an intention or motivation to… [read post]
South Africa: Defamation and vindication, the Supreme Court of Appeal’s flawed approach – Dario Milo
26 Mar 2022, 5:31 pm
In the past year or so, the Supreme Court of Appeal (SCA) handed down judgment in two defamation appeals that have an impact on how plaintiffs obtain remedies to vindicate their reputation. [read post]
9 Oct 2007, 1:22 pm
The Nebraska Court of Appeals should have considered the defendant's ineffective counsel appeal because his challenge to the Nebraska terroristic threats statute was merit less. [read post]
28 Oct 2016, 11:05 am
There are different levels of appeals, including reconsideration, hearing by an Administrative Law Judge (ALJ), review by the Appeals Council, and federal court review. [read post]
25 Apr 2016, 7:07 am
This appeal follows that conviction. [read post]
30 Jul 2015, 9:58 pm
The Massachusetts Appeals Court recently rejected the Commonwealth’s appeal from the suppression of drug evidence by the trial court, holding that the judge properly suppressed the drugs seized from the defendant because the Boston Police conducted an unlawful search and seizure of his person. [read post]
9 Apr 2018, 7:29 am
The Appeals Court’s ruling was primarily based on the Rules of Criminal Procedure, which address the timing of certain motions and hearings. [read post]
1 Dec 2011, 1:43 am
The problem comes where the court is only given power to hear an appeal by a specific set of rules, and the rules say, for instance: you must appeal within 14 days of the decision. [read post]
12 Oct 2022, 8:53 am
The State argues that there is no right to appeal an order granting recusal and any attempt to appeal the failure to rule on a motion to recuse should be moot because the trial court granted the motion. [read post]
3 May 2011, 9:04 am
The Court of Appeal in Mora v. [read post]
28 Feb 2012, 9:45 am
The whistleblowers subsequently appealed the dismissal. [read post]
26 Jan 2009, 8:27 pm
The Court of Appeal agreed that the anti-SLAPP statute barred her claim. [read post]
9 Jul 2009, 11:14 am
When such a policy is in place, as it is in this appeal, employees cannot claim any right to vested vacation during their initial employment, because they know in advance that they will not earn or vest vacation pay during this period. [read post]
4 Feb 2019, 1:19 pm
Reyes-Rivas, the defendant/appellant argued during sentencing and on appeal that he did not meet the criteria for a “career offender” enhancement under section 4B1.1 of the Sentencing Guidelines. [read post]
15 Feb 2022, 6:56 am
The New York Court of Appeals denied relief to a convicted defendant who had expressed a desire to proceed pro se which was ignored by the trial judge. [read post]
29 Apr 2012, 11:50 am
Cost Of Appeals Probably the biggest impediment to appealing a case in Minnesota is the cost. [read post]
19 Oct 2011, 8:28 pm
., and Authentic Hendrix, LLC, are appealing to the Ninth Circuit their Pyrrhic victory over HendrixLicensing.com, Ltd., HendrixArtwork.com, and Andrew Pitsicalis. [read post]
30 Sep 2021, 10:04 am
On appeal, a Florida appeals court reviews the decisions made by the trial court under different standards, depending on the decision. [read post]
29 Jan 2024, 9:59 am
This decision comes as the US Supreme Court considers the issue in a pending appeal brought by Students for Fair Admissions (SFFA). [read post]
13 Jul 2022, 6:04 pm
This decision results from an appeal from the US District Court for the Southern District of Georgia. [read post]
