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Topic: Appellate department

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In the News (Mon 22 Apr 19)

It is our belief that one of the most important functions of the Appellate Department is to counsel clients initially on whether an appeal should be prosecuted at all, and whether a case should be settled after trial rather than on appeal.
Our familiarity with the appellate courts and the justices who sit on those courts allows us to counsel clients regarding their chances on appeal and the risks of making bad law which would have an adverse effect upon your company or your industry at large.
If you are seeking appellate assistance, the RMKB Appellate Department has the talent, experience and versatility to provide that assistance either in the form of counseling after trial and before appeal, or in the event an appeal is taken, with vigorous advocacy in any court in California.
www.ropers.com /area.asp?PracticeID=4   (619 words)

Thus, the appellate department reasoned Flightways was bound pursuant to section 313 despite the fact Lyle signed the lease agreement solely in his capacity as president, because the evidence showed Lyle also was chief financial officer and secretary of the corporation.
The appellate department reasoned Flightways was bound by the lease agreement pursuant to section 313, despite the fact Lyle signed the instrument solely in his capacity as president, because the evidence showed Lyle also served as chief financial officer and secretary of Flightways.
The judgment of the appellate department is reversed and the matter is remanded to the appellate department for further proceedings consistent with this opinion.
www.manningleaver.com /snukal.htm   (1937 words)

 Docket No. 98763, People v. Wiley
The Department stated that, because it had no indication that Wiley had started her service commitment, it presumed that she had "elected to monetarily repay [her] scholarship obligation." The Department noted that Wiley was required to pay three times the amount of scholarships, or $157,395.
The Department explained to the Comptroller that it was pursuing involuntary withholding against Wiley because she already had not complied with the terms of the installment agreement and because she had been given many opportunities to fulfill her obligations on other terms.
Thus, as the appellate court correctly concluded, the Department's statement in its verified complaint was not a judicial admission that the installment agreement was a settlement agreement between the parties.
www.state.il.us /court/Opinions/SupremeCourt/2006/January/Opinions/Html/98763.htm   (5057 words)

 I Still Say the Appellate Division Botched the Job
The Appellate Department decided that a hearing was mandatory, requested or not, before denying such an application.
That rule says that writ petitions filed in the Appellate Division “must be served on all parties and the Presiding Judge of the superior court before filing.” Scott interprets the words “all parties” to mean all “parties in the writ petition,” rather than all parties to the underlying proceeding.
Impressions could become imbedded in the craniums of the appellate jurists, brought to the conscious fore at a later juncture when the appeal was before the court.
www.metnews.com /articles/perspectives0807.htm   (1956 words)

 MODiNS [ Myanmar Online Information ]
Revenue Appellate Tribunal is responsible for decision making in the cases of appellate of twelve types of taxes.
The Pension Department calculates the Pension and Gratuity, in accordance with the Law, for government pensioners, as well as political pension and Naing-Ngant-Gon -Ye awards on monthly grant, rind reports to the departments concerned.
departments and organizations at the State and Divisions level, the training courses opened for the staff of pension department from the head offices in Yangon for six time a year, and lectures on pension subjects the training courses arranged by the other government departments have been conducter by the Pension Department.
www.modins.net /myanmarinfo/ministry/finance.htm   (656 words)

 New York Supreme Court, Appellate Division - Wikipedia, the free encyclopedia
The Appellate Division of the New York Supreme Court is the intermediate appellate court in the U.S. state of New York.
The Appellate Division hears appeals from the New York Supreme Court, which is the state's general trial court; decisions by the Appellate Division may be appealed to the state's highest court, the New York Court of Appeals.
While appellate departments can be persuaded by the decisions of their sister appellate departments, such decisions are not binding authority from one department to another—a decision of an appellate department is binding only on that department and the lower courts within it.
en.wikipedia.org /wiki/New_York_Supreme_Court,_Appellate_Division   (553 words)

 New York Legal Update
On Tuesday the First Department decided a case in which it held that the attorney disciplinary mechanism must be applied to license legal consultants as well - Matter of Antoine, 2007 NY Slip Op 07935.
The Second Department found that the purported nail and mail service was ineffective since the plaintiff's one purported personal service attempt at the defendant's place of business failed to comply with the "due diligence" requirement of CPLR 308(4).
Thus, in Kramer the First Department held that as long as a plaintiff pleads all the elements of fraud with particularity, there is nothing in the Martin Act to prevent that plaintiff from pursuing the common-law fraud cause of action.
www.nylegalupdate.com   (3560 words)

The few that did have an appellate specialty had one individual who was experienced in appellate work and who was assisted by a number of young, inexperienced associates.
We also take on major trial court briefs that raise issues comparable to appellate cases, and the group also spends time on legislative advocacy where the same kind of analysis is called for, sophisticated written analysis and oral presentation to legislative committees.
A.I have been very impressed with the level of preparation in the state appellate courts, the quality of the questioning and the good common sense that these judges bring to these cases and also their courtesy to counsel.
www.appellate.net /articles/shapiroint.asp   (9081 words)

 Examining Asbestos, Pesticide Notice and
Other Environmental Matters

The appellate court found that the petitioners in these cases failed to meet their burden of demonstrating that they suffered an environmental injury that was in some way different from that of the public at large.
The Second Department also determined that the counties did not have to comply with SEQRA prior to adopting the local laws because the state legislature "clearly and unambiguously set forth the requirements" for adoption of the local laws in ECL 33-1004.
Indeed, the Second Department pointed to the fact that although development of the golf course, alone, required the removal of nearly half of a large woodland area, the board denied that the project would have any adverse environmental impact, and insisted that no mitigation measures of any sort were required.
www.rivkinradler.com /rivkinradler/Publications/newformat/200206krinick.shtml   (1391 words)

 Court of Appeal Can’t Transfer Writ Proceeding From Superior Court Appellate Division, C.A. Rules
The Appellate Division summarily denied the petition, but the Court of Appeal issued an alternative writ requiring the panel to hear the merits or show cause why it should not be ordered to do so.
The Appellate Division proceeded to the merits, denying the petition and certifying its decision for publication.
Curry explained that before the state Constitution was amended in 1998 by the adoption of Proposition 220, each superior court had an appellate department whose jurisdiction was limited to appeals from the municipal and justice courts.
www.metnews.com /articles/hump0823.htm   (512 words)

 Department of Justice, State of Oregon - About the Department, Appellate Division
The Appellate Division strives to effectively represent the state's interests and to advance the rule of law in all cases in state and federal courts in which the State is either a party or has an interest.
The Division in performing its work seeks to accommodate the appellate courts' dual role of deciding cases before them and announcing "the law" in a way that becomes binding precedent for the State and its citizens.
Appellate Division attorneys also provide legal advice on criminal-law questions to local prosecutors throughout the state, prepare training materials, and present training to prosecutors and law-enforcement agencies.
www.doj.state.or.us /about/appellate.shtml   (573 words)

 Stare decisis - Wikipedia, the free encyclopedia
Each panel of judges on the court of appeals for a circuit is bound to follow the prior appellate decisions of the same circuit.
The State of New York has a similar appellate structure as it is divided into four appellate departments supervised by the final New York State Court of Appeals.
Decisions of one appellate department are not binding upon another, and in some cases the departments differ considerably on basic points of law.
en.wikipedia.org /wiki/Stare_decisis   (2499 words)

 Los Angeles Superior Court - Court Rules
Four judges are assigned to the Appellate Division by the Chairperson of the Judicial Council.
The Judges in Department 70 are assigned on a rotating basis and to be heard by one judge, petitions for writ of habeas corpus that are filed in conjunction with an appeal pending in the Appellate Division.
The assigned judge's decision is dispositive of the petition for writ of habeas corpus.
www.lasuperiorcourt.org /courtrules/Chapter11.htm   (2910 words)

 Oregon Judicial Department Appellate Court Opinions
In cases where the department is challenging the legal sufficiency of claims, the department may proceed by way of a motion to strike.
Here the department has not alleged that taxpayer's pleadings are a "sham" and, therefore, the court will address whether those arguments are "frivolous or irrelevant." TCR 21 E. The court will analyze whether taxpayer's claims are "frivolous or irrelevant" under the same legal standard as that of a TCR 21 A motion to dismiss.
As to ORS 305.265(9), the department argues that, during the relevant period, relief from interest and penalties was available only when the department failed to hold a requested conference within one year of the date of a notice of deficiency.
www.publications.ojd.state.or.us /TC4673.htm   (3152 words)

 Oregon Judicial Department Appellate Court Opinions
The slip opinions published at this website are subject to copy correction prior to preliminary publication in the Advance Sheets and final publication in the bound volumes of the Oregon Reports.
The Oregon Appellate Courts Advance Sheets and Bound Volumes are published by the Publications Section of the Office of the State Court Administrator under the direction of the Oregon Supreme Court and are the official published decisions of the Oregon Supreme Court, Court of Appeals and Tax Court.
Oregon Rule of Appellate Procedure 5.20(4); UTCR 2.010(13).
www.publications.ojd.state.or.us   (180 words)

 Judicial Reports: Reversal Report Archives
The appellate department found that the award to the plaintiff was based on a fair interpretation of the evidence, but the judgment on the counterclaim was excessive.
And on August 31, the appellate department modified a discovery order entered by Soto in a suit against a school district that had allegedly ignored indications that one of its teachers was sexually abusing students.
The appellate department, however, concluded in Matter of Metropolitan Transit Authority (Sept. 19) that the state courts have no authority over the condemnation proceeding because it is preempted by the federal the Interstate Commerce Commission Termination Act of 1995.
www.judicialreports.com /archives/reversal_report   (7374 words)

 Appeals and Writs, California Criminal Defense Lawyers at The Kavinoky Law Firm
There are six appellate districts in California: the First District located in San Francisco; the Second District in Los Angeles and Ventura; the Third District in Sacramento; the Fourth District in San Diego, Riverside, and Santa Ana; the Fifth District in Fresno; and the Sixth District in San Jose.
Misdemeanors are appealed to the appellate department of the superior court where the trial occurred.
In misdemeanor cases, appellant’s opening brief must be filed within 20 days of the filing of the record on appeal with the appellate department of the superior court in which the trial had occurred.
www.nocuffs.com /appeals_writs   (1717 words)

 Appellate department   (Site not responding. Last check: 2007-10-31)
In June, the Appellate Division of state Supreme Court ruled that the "Hummels...
Appellate department is the term used to distinguish the four appellate jurisdictions in New York state.
In the intermediate appeal courts in New York each appellate department develops its own jurisprudence, much like the different United States District Courtss can develop differing or even conflicting jurisprudence which can only be resolved should the cases be further appealed to the New York State Court of Appeals.
publicliterature.org /en/wikipedia/a/ap/appellate_department.html   (146 words)

On February 17, 1961, judgment for the plaintiff was entered, and on March 2, 1961, defendants' motion for a new trial was granted.plaintiff appealed to the appellate department of the superior court.
The appellate department of the superior court, while recognizing that the Kroiss case was directly in point, refused to follow the rule of that case on the ground that that case had been decided incorrectly, and held that the two subdivisions of section 659 were mutually exclusive.
This determination was clearly in excess of the jurisdiction of the appellate department of the superior court.
home.earthlink.net /~venue53/auto.html   (3552 words)

 Post & Schell
Post and Schell's appellate attorneys handle all aspects of these stages of litigation including the preparation of all related post-trial and appellate documents and the provision of experienced oral advocacy.
Additionally, our comprehensive appellate practice provides its clients with experienced, proficient consultations, appellate evaluations, and strategic planning, all of which are of critical importance in the pursuit of post-trial and appellate remedies.
Our appellate practice addresses the full gamut of legal issues which arise in a wide variety of practice areas, thus proactively affecting positive, precedential changes in the law.
www.postschell.com /practice.cfm?practice_id=27   (325 words)

 Title Eight Rules
A defendant-appellant may, however, apply directly to the appellate department for appointment of counsel at any time after the notice of appeal is filed.
The appellate department may take a reasonable time to confirm that the defendant-appellant still seeks the appointment of counsel.
In those cases, the appellate department shall conduct appropriate proceedings to determine the defendant's ability to pay or contribute to the expense of counsel on appeal, and if it finds that the defendant is able, shall order the defendant to pay all or part of the cost.
www.courtinfo.ca.gov /rules/index.cfm?title=eight&linkid=rule8_786   (327 words)

 Docket NO. 98712, Southern Illinoisian v. IDPH
The appellate court held that in answering this question, the circuit court was to read in a "reasonableness" requirement in determining whether the requested information constituted a "group of facts which tends to lead to the identity" of cancer patients, within the meaning of section 4(d) of the Registry Act.
Thus, the Department argues, the record establishes that the three data elements requested by plaintiff-the patient's type of cancer, the date of diagnosis and the patient's ZIP code-tend to lead to the identity of cancer patients and therefore violates section 4(d) of the Registry Act.
The Department also states that even though Dr. Sweeney testified that the Cancer Registry information only assisted her in confirming the identity of the individuals, this testimony is sufficient to establish that the information requested by plaintiff under the FOIA "tends to lead" to the identities of the patients listed in the Registry.
www.state.il.us /court/Opinions/SupremeCourt/2006/February/Opinions/Html/98712.htm   (8680 words)

 Appellate Department
All the judges of the Superior Court are assigned as judges of the Appellate Department.
Regular sessions of the Appellate Department of the Superior Court, County of Yolo, shall be held on the third Friday of each calendar month in the Courtroom of the Presiding Judge of the Appellate Department.
In its discretion, the Appellate Department may employ the tentative ruling procedure specified in Rule 9.14, upon notice to all parties.
www.yolocourts.com /rul03.html   (536 words)

 Garan Lucow Miller, P.C.
The firm’s Appellate Law Department was formally organized in 1985 and includes experienced defense lawyers, who over the past twenty years, have handled thousands of appeals in both state and federal appellate courts.
The firm’s Appellate Law Department is responsible for handling the appeals from lawsuits that are referred from the trial-level by attorneys in one of the firm’s nine offices located throughout the state.
Moreover, because of its reputation and expertise, the department is frequently called upon by other law firms in Michigan and throughout the country to assume appellate responsibilities.
garanlucow.com /new2/aol/appellate.htm   (166 words)

 Diving Into the Appellate Practice Pool
When planning to launch an appellate department, name partners John Quinn and A. William Urquhart sought a department head who would enhance the reputation of the firm (chiefly known for its intellectual property work).
In starting the department, Quinn and Urquhart were undaunted by the fact that most big appellate and Supreme Court practices aren't in California.
Experts caution that financially, the department is not an entity unto itself, but part of the firm as a whole.
www.law.com /jsp/ihc/PubArticleIHC.jsp?id=1129021513486   (1783 words)

 Litigation Services
The firm's appellate department is composed of attorneys with extensive experience in every aspect of appellate practice in State and Federal Courts.
The attorneys in the firm's appellate department are experienced in appellate research and writing and are well versed in the procedural requirements of all appellate courts in the State.
In addition to handling appellate matters that arise in the course of its own clients cases, the firm also assists other firms in the handling of appeals for their clients.
www.fkhattys.com /services.htm   (1345 words)

 The News Bulletin: Supreme & Appellate Cases Posted January 20, 2006
On September 20, 2001, we filed an opinion reversing the trial court and the appellate court with respect to the first issue; we remanded to the trial court for a hearing on defendant's motion for substitution of judge for cause.
The Illinois Department of Public Health (Department) filed suit in the circuit court of Cook County against Thelma E. Wiley, M.D., alleging that Wiley violated scholarship contracts she entered into with the Department pursuant to the Family Practice Residency Act (110 ILCS 935/1 et seq.
The appellate court held that the statute contained an unconstitutional presumption, which was severable, and the State's evidence was otherwise insufficient to prove defendant guilty beyond a reasonable doubt.
www.legalrecord.net /appellate-cases-posted-january-20.html   (3480 words)

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