Fed Court Upholds Indictment Against Rep. Jefferson Nov 13, 2008
A lower court judge had previously refused to dismiss the indictment, saying Jefferson was trying to apply immunity so broadly that it would make it virtually impossible to ever charge a congressman with a crime. In another court on Wednesday, District Judge T.S. Ellis canceled a conference scheduled for later this week to determine if the cause should go to trial in early December. (Fox News)
Whales lose as top US court says Navy can keep sonar Nov 13, 2008
Environmentalists took their case to the Ninth Circuit Court of Appeals, which upheld the lower court's decision in February ... In Wednesday's ruling the Supreme Court found the lower court had exceeded its authority in telling the navy to reduce sonar levels. (Yahoo News -- Politics)
Supremes Save Sonar Nov 13, 2008
The case reached the Supreme Court because environmental groups persuaded a lower court to impose a preliminary injunction against the Navy s use of sonar ... Justices John Paul Stevens and Stephen Bryer dissented, but agreed with the majority that the lower court ruling went to far. (Human Events Online)
Memphis man loses court bid for estate money Nov 12, 2008
The Tennessee Court of Appeals affirmed a lower court ruling. Tanner, who made millions in media and billboard advertising, died in 2005. (WREG.com, TN)
Oshiomhole is Edo governor Nov 12, 2008
" The group also praised President Yar'Adua for his strict adherence to the rule of law even at the midst of pressure on him by politicians to succumb to their selfish and parochial interests which he resisted. "This epoch-making event in the history of Nigeria will serve as a deterrent to our politicians to desist from the act of rigging elections and make credible Nigerians to rise to the occasion in elections for the service of the people and they will be sure that INEC will be fare to all... (Guardian News, Nigeria)
No Compelled Arbitration for Plaintiffs in Credit Card Case Nov 11, 2008
"We think some of the lower courts, including the lower court in this case were misapplying and 'overapplying' the doctrine of equitable estoppel to throw cases into arbitration that shouldn't have been there and we think the court of appeals has appropriately reined in the application of that doctrine," he said. American Express spokesperson Joanna Lambert said the company was disappointed in the decision and was reviewing its options. (Law.com)
Sun Pharma ranks among best-performing pharma cos Nov 11, 2008
So, we feel reasonably confident, especially, as a lower court in Israel has upheld our position. The companys profit margins have been in excess of 40% in recent quarters far above the average industry margin of 18-20. (India Times)
LETTERS: NCT, Nov. 10, 2008 Nov 11, 2008
An example -If 100 percent of the voters who voted passed a Proposition that declared slavery to be legal in California, it is the duty of the United States Supreme Court, or ANY lower Court to overturn it upon challenge, no matter what percentage of the people voted for it, because it violates the U.S. Constitution. The California Constitution takes precedence over laws (or Propositions) which violate it AND the United States Constitution takes precedence over any law or state Constitution that... (North County Times)
Court reinstates smuggling-case verdict Nov 11, 2008
County Attorney Andrew Thomas lauded the ruling as a strike against "judicial activism of the lower court.". "The illegal immigrant in this case should be held accountable for violating Arizona's criminal statutes," Thomas said. (AZCentral -- News)
After the Gay-Marriage Debacle, Activists Rethink Tactics Nov 11, 2008
The Republican-dominated court could decide by the end of this week whether to rule on the request for a stay or send it to a lower court first. But whatever the merits of the legal challenge, the court will face enormous pressure as it deliberates. (Time.com)
NH high court to hear Medicaid challenge Nov 10, 2008
The lower court ruled in favor of the state, in part because the Legislature had included spending caps and a provision in its new law to limit county costs over several years to what they would have paid under the old system. . (Concord Monitor)
Business Connections Hurt Judicial Incumbents Nov 8, 2008
"This was a court that ruled 88 percent of the time on behalf of businesses, when businesses were found negligent against an individual in the lower court," he said. Two other incumbents, neither with significant business support, were also unseated in the state. (Law.com)
SJC sends Redstone case back to court Nov 8, 2008
That claim yesterday was sent back to a lower court. But the SJC backed a lower court's ruling that the statute of limitations had expired on a separate charge of wrongdoing involving a 1984 transaction that could have cost Sumner Redstone and the theater chain billions of dollars ... "The highest court in the state affirmed the dismissal of every part of the suit save for one allegation, which it said that the lower court had to address first." And even if Michael Redstone could prove that... (Boston Globe)
Illinois doesn't have to make 'Choose Life' plates Nov 8, 2008
The ruling reversed an order last year from a lower court. The previous ruling ordered the state to start producing plates as long as proponents could demonstrate enough interest. (Anchorage Daily News)
Malaysia's Anwar scores victory in wrangle over sodomy trial Nov 8, 2008
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Takeda Wins Appeal Ruling Blocking Teva From Generic of Heartburn Medicine Nov 8, 2008
The lower court case is Takeda v. Teva Pharmaceuticals USA, 06CV33, U.S. District Court, Delaware (Wilmington). To contact the reporter on this story: in Washington at ; in Washington at. (Bloomberg -- Japan)
FTC taking Whole Foods to court in Feb. Nov 7, 2008
While the company disagrees with the reversal of the lower court decision denying the FTC s request for a preliminary injunction, the decision acknowledges that neither the court nor the FTC has found the merger to be unlawful, Whole Foods says. Meanwhile, Whole Foods' profits plunged 95 percent in its fiscal fourth quarter to $1. (Austin Business Journal, TX)
Court: It's illegal to ignore fire chief order Nov 7, 2008
The state Supreme Court on Thursday reversed a lower court ruling that threw out charges against Evelyn Bernard of Allenstown. She was arrested in April 2007, when she and her husband refused the fire chief's order to evacuate in a flood. (Concord Monitor)
Tsatsu Tsikata: When The Supreme Court "Desecrated" Justice!!!!!! Nov 7, 2008
As at now, there has been no order of the Supreme Court ordering a stay of proceedings at the lower court pending the final determination of the accuseds appeal. The Court suo motu decided all along, to abide the final decision of the Supreme Court before delivering its judgment. (Ghana Web, Ghana)
FTC resumes challenge of Wild Oats buy Nov 6, 2008
On July 29 of this year, a Washington, D.C., federal appeals court, in a split decision, reversed the lower court s denial and remanded the case to U.S. District Court for further evidentiary proceedings, according to Whole Foods fourth-quarter report ... While the company disagrees with the reversal of the lower court decision denying the FTC s request for a preliminary injunction, the decision acknowledges that neither the court nor the FTC has found the merger to be unlawful, Whole Foods said... (Denver Business Journal, CO)
What is pre-emption, and what does it mean for drug lawsuits? Nov 5, 2008
The Vermont Supreme Court upheld the lower court s ruling in 2006. This week, the Supreme Court is. (Scientific American)
US Supreme Court weighs in on the 'F-word' on TV Nov 5, 2008
Nevertheless it appeared impossible to predict how the nine justices would eventually rule -- whether they could, on one hand, just send the case back to the lower court, or whether on the other extreme they would elevate it to a full-fledged review of free speech rights. Buzz Up. (Yahoo News -- Politics)
High court hears FCC obscenity case Nov 5, 2008
A lower court ruled the FCC lacked sufficient grounds to target one-time expletives yet did not rule on the First Amendment question ... That makes it hard to call the case or to predict whether the justices will resolve the First Amendment issue along with the limited one on which the lower court ruled. (USA Today)
ACLJ & Members of Congress: Supreme Court Must Uphold FCC's Indecency Policy to Protect Children Nov 5, 2008
WASHINGTON--(BUSINESS WIRE)--The American Center for Law and Justice (ACLJ), which represents 18 members of Congress, said today the Supreme Court must overturn a lower court decision and uphold the indecency policy exercised by the Federal Communications Commission (FCC) by issuing fines after expletives were uttered during a nationally-broadcast awards show ... Were hopeful the high court will overturn the lower court decision and restore to the FCC its proper role and authority. (Yahoo! Wire -- Entertainment News)
Colo. Supreme Court sides with state Nov 4, 2008
In a split decision, the state court of appeals in March 2007 reversed some, but not all, of the lower court s findings and sent the case back ... The businessmen wanted the case heard and the state wanted the lower court s summary judgment ruling reinstated. (Denver Business Journal, CO)
Fulton tax chief appeals school funds ruling Nov 4, 2008
Fulton County Tax Commissioner Arthur Ferdinand went to the Georgia Supreme Court on Monday to appeal a lower court ruling that ordered his office to continue turning over school tax money for redevelopment projects. The issue involves a Supreme Court ruling last February that prohibited school tax funds from being tapped for redevelopment projects. (Atlanta Journal-Constitution -- Metro)
US Court Reinstates Bhopal Water Pollution Case Nov 4, 2008
NEW YORK - A lawsuit contending that thousands of people in India were exposed to polluted drinking water after the 1984 Union Carbide toxic-gas disaster in Bhopal was reinstated on Monday by a US appeals court, which said a lower court improperly threw out the case ... A three-judge panel of the appeals court found that the lower court had erred by granting the defendants' request for summary judgment in the case before giving the plaintiffs the opportunity to gain access to certain pretrial... (Planet Ark, United States)
Court weighs amputee's case; limits on drug suits Nov 4, 2008
Wyeth appealed and the Vermont Supreme Court upheld the lower court ruling in 2006. Now the U.S. Supreme Court has agreed to hear the appeal, which will be argued on Nov. 3, 2008. (Muscatine Journal, IO)
Libya acts in HIV row with Bulgaria Nov 4, 2008
Aids experts testified to a lower court last year that the epidemic started before the nurses arrived at the hospital in eastern Libya, possibly due to poor hygiene or the unsafe use of syringes and blood products. The nurses have been in prison since 1999. (Yahoo News -- Libya)
Suits Loom if Key Ohio Presidential Vote Is Close Nov 4, 2008
However, late last week, Supreme Court justices blocked the lower court ruling after considering an appeal from Brunner and other election officials, according to a CNN report. Meanwhile, the beleaguered Brunner has been arguing that perhaps the entire furor is much ado about nothing, saying that a registration mismatch is not necessarily an indication of fraud. (Newsmax)
Feds defend holding al-Qaida suspect Nov 1, 2008
COLUMBIA, S.C. - A lower court should be able to resolve a challenge to President Bush's authority to detain the only suspected enemy combatant held on U.S. soil, the federal government said in a brief filed Friday to the U.S. Supreme Court ... One of al-Marri's attorneys urged the justices to hear his case, rejecting Garre's claims it can be settled by a lower court. (MSNBC -- International)
Halloween sex offender law is again enforceable Nov 1, 2008
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday stayed, or put on hold, a lower court s ruling until it can consider the state s appeal and rule on the merits sometime before next Halloween. U.S. District Judge Carol Jackson earlier this week ruled that two of four provisions in the law could not be enforced this Halloween. (Park Hills Daily Journal, MO)
Actor Norman in khalwat case Nov 1, 2008
Norman, 32, and Memey, 20, are expected to face trial at the Gombak Timur Syariah Lower Court in January. When contacted, Norman did not deny the arrest. (The Star Online, Malaysia)
Lawyer Asks Federal Appeals Court to Revive Pa. Anti-Immigration Law Oct 31, 2008
Arguing for Hazleton, attorney Kris W. Kobach, a professor at the University of Missouri Kansas City School of Law, argued that the lower court incorrectly struck the ordinance down on the grounds that it conflicts with federal law. No such conflict exists, Kobach said, because the courts have consistently held that state and local municipalities have the right to pass laws that amount to "concurrent enforcement" of federal immigration law. (Law.com)
Crusader Against Lynching Oct 31, 2008
She took the railroad company to court and won, but the Tennessee Supreme Court overruled the lower court s ruling. This was a major turning point in Wells-Barnett s life. (Suite101.com)
Judicial Review & the Marbury Case Oct 31, 2008
The unanimous decision declared that Section 13 of the 1789 Judiciary Act was unconstitutional in that it allowed petitioners to bring requests for remedy before the Supreme Court without beginning the legal process in a lower court. The Judiciary Act was held unconstitutional. (Suite101.com)
High Court to decide on tuition vouchers Oct 31, 2008
The lower court said such funding is unconstitutional. Tuesday's decision gives supporters of the vouchers a chance to argue that they are legal and to save the programs which serve fewer than 500 students. (Douglas Daily Dispatch, AZ)
Court weighs violent video games vs. free speech in California case Oct 30, 2008
SACRAMENTO - Children in California could once again be prohibited from buying or renting violent video games without a parent's permission if a federal appeals court overturns a lower court's ruling ... The state law, which prohibited the sale or rental of the games to anyone under 18 and required the games to be clearly labeled, was struck down last year by a lower court. (Boston Globe)
Across the area Oct 30, 2008
Georgia's Supreme Court has rejected Lincoln County Sheriff Gerald Lawson's appeal of lower court rulings that he must turn over funds generated by inmate telephone calls to the county commission. The high court's refusal to hear the case ends the sheriff's appeal options and a two-year dispute with the county commission, according to Commission Chairman Walker Norman, who said in a news release Wednesday that the matter has cost taxpayers about $30,000 in legal fees. (The Augusta Chronicle)
Warrant issued against Todis Oct 28, 2008
The Calcutta High Court on August 14 said Rizwanur was forced to commit suicide and asked the Central Bureau of Investigation (CBI) to file charge sheets in the lower court against six people - Ashok Todi, Pradip Todi and four police officers Gyanwant Singh, Ajay Kumar, Sukanta Chakraborty and Krishnendu Das. So far, Gyanwant has not been charge sheeted. (Sify.com, India)
Some voters 'purged' from voter rolls Oct 28, 2008
The Supreme Court last week ruled against the GOP on appeal of a lower court order directing Brunner to prepare the list. In Florida, election officials found that 75 percent of about 20,000 voter registration applications from a three-week period in September were mismatched due to typographical and administrative errors. (CNN -- Law)
Protester shot, curfew in Valley Oct 27, 2008
One is planned tomorrow, when the Hurriyat-led coordination committee has called for forming a human chain from high court to lower court complex in Srinagar to protest the landing of the Indian troops in Kashmir 61 years ago. The human chain protest is part of a campaign by separatists that has included the Lal Chowk marches, thwarted by the security forces several times in the past. (Calcutta Telegraph)
Court upholds ban on pit bulls Oct 26, 2008
Appeal court judges overturn lower court ruling, saying Ontario law is justified and not 'arbitrary' Oct 25, 2008 04:30 AM ... Yesterday's decision overturns a 2007 lower court ruling that said Ontario's definition of pit bulls was too vague because it did not refer to a specific type or breed of dog. (Toronto Star)
SJC rules funds can't go to park improvements Oct 25, 2008
The Supreme Judicial Court's decision yesterday upheld a lower court ruling in a lawsuit brought by 10 taxpayers in Newton two years ago ... In yesterday's five-page ruling by Justice Francis X. Spina, the court affirmed the lower court's finding, saying the law allowed spending of community preservation money "for the creation of land for recreational use, not the creation of new recreational uses on existing land already devoted to that purpose.". (Boston Globe)
Pay grab, slots come together in lawsuit Oct 25, 2008
The appeals court could very easily toss the lawsuit on issues of standing, or it could agree with the lower court. We think these allegations deserve to be aired out as thoroughly as possible. (Carlisle Sentinel, PA)
Stay of execution issued for convicted cop killer Oct 25, 2008
The court granted a 25-day stay so Davis' legal team can file a new habeas corpus brief with a lower court, Davis' attorney, Jay Ewart, told CNN.. MacPhail's mother, Annaliese, said she was angry. (CNN -- US)
Bill Seeks to Curb Polluting Mexican Trucks Oct 25, 2008
The Supreme Court ruling this month sided with Bush and threw out a lower court order that had blocked the trucks from entering the country on grounds that they would worsen pollution in areas of the Southwest that already suffer from bad air quality. More than 4 million trucks enter the United States from Mexico every year, but they are now required to stay within 20 miles of the border. (Yahoo News -- Transportation Issues)
SJC rules Newton was seeking to sidestep CPA law Oct 25, 2008
We had very little doubt that the Supreme Judicial Court would go against a decision of a lower court, largely because a decision of the lower court was reasoned and had a considerable amount of pleading before it, Mirfendereski said ... Asked why the city pursued the case after the lower court s ruling, Solomon said, We are not the only community that is struggling with the language of the Community Preservation Act. (Newton Tab, MA)
Fla. Supreme Court Rejects False Light as a Legal Cause of Action Oct 24, 2008
The court erased a decision by Florida's 4th District Court of Appeal in West Palm Beach that would have allowed the woman to sue for false light but gave the lower court the leeway to re-examine Rapp's defamation claim. Pariente, who majored in communications in college, said the rejection of false light was driven by the fear it could chill free speech rights. (Law.com)
Ex-bouncer convicted in kidnapping Oct 24, 2008
The SJC ordered the case back to a lower court for new sentencing. Second-degree murder carries a mandatory life term with the possibility of parole after 15 years. (Boston Globe)
Chandler prides himself on knowing his constituents Oct 24, 2008
What I tell voters is they elected me to be on the Court of Appeals and judge every case based on its merits, he said, noting he has a 96 percent affirmance rate of upholding lower court decisions. But that doesn t mean that I will ever rule on any case without carefully reviewing the facts, interpreting the law that applies to those facts and rendering my decision based on that. (Columbus Commercial Dispatch, MS)
German high court rejects cannibal appeal Oct 24, 2008
Federal judges overturned that ruling and ordered a retrial, arguing that the lower court, in rejecting murder charges, failed to give sufficient consideration to the sexual motive behind the killing. . (Atlanta Journal-Constitution -- World)
Lawsuit Thrown Out in Wisconsin Oct 24, 2008
"When a lower court gets the law wrong, parties appeal to a higher court, and that's what I will do.". Van Hollen has said publicly that he was concerned about possible voting fraud. (Washington Post)
Nigeria: Court Considers Verdict on Yar'Adua Election Oct 24, 2008
It was Buhari, through his lawyer, Chief Mike Ahamba (SAN), that first took the floor and having adopted his brief and reply, expatiated on what he called the failure of the lower court to evaluate all the evidence filed before the court. Ahamba said it was an error on the part of the lower court to have dismissed Buhari's petition for lack of evidence and to have at the same time faulted the manner in which the election materials were delivered to all the states of the federation ... According... (allAfrica.com)
Nigeria: Supreme Court Decides On Presidential Poll Oct 24, 2008
They dashed to the Supreme Court seeking an invalidation of the judgement of the lower court ... In the case at hand, the Supreme Court would look at the strands of argument canvassed in the lower court. (allAfrica.com)
Calif. High Court Takes Meal Break Case Oct 23, 2008
The lower court also denied class certification, saying that alleged violations of meal and rest breaks involved individual claims that had to be resolved separately. Kimberly Kralowec, a partner with San Francisco's Schubert Jonckheer Kolbe & Kralowec and one of the attorneys representing workers who sued Brinker Restaurant Corp., was elated by the Supreme Court's decision. (Law.com)
Germany 'must pay WWII victims' Oct 23, 2008
In 2006 an Italian lower court sentenced Max Josef Milde in absentia to life in jail for his involvement in the Civitella massacre. The Cassation Court upheld the conviction against Milde, who now lives in Germany. (BBC News -- Europe)
Journalist sentenced to die in Kabul lives to tell his tale Oct 23, 2008
Then, on Jan. 22, 2008, without prior explanation, he was hauled before a lower court judge without a defence lawyer for his trial. No journalists were allowed into the court that day. (Globe and Mail)
U.S. Opposes Parts of Los Angeles, Long Beach Port Concession Plans Oct 22, 2008
Following completion of the briefing schedule and a possible oral argument, the Ninth Circuit will consider whether the District Court erred in its application of the motor vehicle safety exception and whether the lower court appropriately analyzed the question of the harm to motor carriers under the Concession Plans. A Ninth Circuit ruling is likely to take the form of a remand to the District Court with instructions on the proper scope of the safety exemption and guidance on the irreparable... (PR Newswire)
Ohio secretary of state's Web site hacked Oct 22, 2008
Ohio secretary of state's Web site hacked - CNN.com. Ohio secretary of state's Web site hacked. (CNN)
Gang policy returned to lower court Oct 22, 2008
DURHAM -- Claims that Durham Public Schools used an "unconstitutionally vague" gang policy to discipline students will be sent back to a lower court to decide, the N.C. Court of Appeals ruled in a decision released Tuesday. . (Herald Sun)
No death sentence for Afghan journalist Oct 22, 2008
While insults to Muhammad are anathema in Afghanistan, the decisions by both the lower court and appeals court shocked many of Kambakhsh's supporters and outraged international journalism organizations, which suggested that neither of the trials had been fair. The defendant's brother, also a journalist, said the proceedings had been prompted by his own critical writings about local militia and political leaders. (International Herald Tribune)
Afghan student spared execution, but gets 20 years Oct 22, 2008
His hearing in January was held behind closed doors in a lower court in Mazar-i-Sharif. Mr. Kambakhsh said he had no defence lawyer and only three minutes to defend himself before he was sentenced to death. (Globe and Mail)
Supreme Court Appoints Stanford Professor as Special Master Oct 21, 2008
As a result, the Court appoints a master to conduct the kind of fact-finding that is done by lower court judges in non-original cases. The master then reports and makes a recommendation to the justices, which the states get to debate in oral arguments. (Law.com)
Obama Fans should read! Oct 21, 2008
the next president well put in place two or more supreme court judges and alots of lower court judges. do u want a one party system with judges that make the law. (Montrose Daily Press, CO)
