Posts tagged with: "Appeals"
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19 Feb 2024, 6:30 am
Supreme Court Decisions and Developments Supreme Court: Constitutional Challenges to Agency Proceedings Can Be Brought Directly in Federal District Court On April 14, 2023, the Supreme Court issued a unanimous opinion settling a circuit split concerning whether a party to an administrative enforcement action can sue directly in federal district court to challenge the agency’s constitutional authority to proceed, or whether the party must first complete the administrative process before… [read post]
19 Feb 2024, 6:03 am
Once you get a final decision from the Zoning Board of Appeals, you can then file in federal court. [read post]
19 Feb 2024, 6:00 am
On appeal, the Delaware Supreme Court affirmed each finding, examining the at-issue provisions and the trial court's determinations. [read post]
19 Feb 2024, 5:25 am
“During my sophomore year, I connected with Alexander Booth, who was already with the Rangers, and he provided me valuable advice to make myself an appealing candidate for baseball jobs. [read post]
19 Feb 2024, 5:23 am
Readers undoubtedly are aware that late last week the judge presiding over the New York civil fraud trial against Donald Trump, the Trump Organization and related entities, and various Organization’s executives (including two of Trump’s sons) entered a post-trial verdict against the defendants that, together with pre-judgment interest, exceeds $450 million in value. [read post]
19 Feb 2024, 5:14 am
’” In applying this rule, the courts of appeals have applied one of two approaches: (1) an ”element-based approach,” focused on whether the plaintiff alleged all of the elements of a common law tort; or (2) a harm-based approach, focused on “compar[ing] the kind of harm a plaintiff alleges with the kind of harm caused by the comparator tort. [read post]
19 Feb 2024, 4:39 am
On appeal, the Court determined that the neighbor did not show that the rezoning required an amendment to the comprehensive plan. [read post]
19 Feb 2024, 4:25 am
Husband filed to have the DVPO declared null and void, but the trial court denied the motion, and Husband appealed the denial. [read post]
19 Feb 2024, 4:00 am
… The CourtEwen: The judge-represented litigant The Federal Court of Appeal (the “FCA”) resolved an “unusual question” about the Federal Court’s jurisdiction to raise a substantive question not raised by the parties in the context of an urgent motion for judicial review. [read post]
19 Feb 2024, 4:00 am
The size of the damages is grotesque and should shock the conscience of any judge on appeal. [read post]
19 Feb 2024, 4:00 am
Said the majority: “So the partial dissent penalizes Almagarby for appealing. [read post]
SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article
19 Feb 2024, 4:00 am
Court of Appeals for the Fourth Circuit rejected just such a challenge to an admissions policy change for a selective magnet school in Fairfax County, Virginia. [read post]
19 Feb 2024, 3:30 am
This can make leadership roles more appealing and less daunting. [read post]
19 Feb 2024, 3:00 am
App. 1982) (a defendant was arrested in one county on an outstanding warrant and was found to be carrying a concealed weapon and to be in possession of items recently stolen in another county; a magistrate in the county of arrest charged the defendant for possessing the weapon but declined to issue charges related to the theft, apparently because the magistrate thought it would be better for those charges to be obtained in the other county; the state appealed the magistrate’s refusal… [read post]
19 Feb 2024, 1:45 am
Olkowski’s appeal was allowed in Olkowski v Nano-Green Biorefineries Inc., 2024 SKCA 11. [read post]
19 Feb 2024, 1:07 am
In Minister of Agriculture v Bluelilliesbush Dairy Farming (270/07) [2008] ZASCA 60 (29 May 2008), the Supreme Court of Appeal considered compensation following an outbreak of bovine tuberculosis where 7 000 cattle were slaughtered by the State in terms of the Act. [read post]
19 Feb 2024, 12:22 am
In order to ensure the correct interpretation and uniform application of EU law, the UPC’s Court of First Instance may, and Court of Appeal shall request the CJEU to give a binding preliminary ruling (Article 21 of the UPC Agreement, and Rule 266 Rules of Procedure). [read post]
18 Feb 2024, 11:41 pm
While the South African Supreme Court of Appeal found that the family should be compensated for suffering from detectable psychiatric injuries, it refused to develop the common law to allow for a claim for grief not resulting in a psychiatric injury, on the basis that grief alone is not enough for a claim to succeed. [read post]
18 Feb 2024, 11:00 pm
On appeal, Ellman argued that she did not need an expert because the jury could decide the case based on the common knowledge exception and res ipsa. [read post]
18 Feb 2024, 10:00 pm
And, on appeal, the AD2 affirmed that outcome since the statute of limitations hadn’t yet been triggered as of the case’s filing date given that 228-day-extension.Guess who could have used a lift there . [read post]
