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If the appellate court finds no defect, it "affirms" the judgment. If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it.
However, if there were a number of other witnesses against the losing party, the appellate court may rule that this mistake was of no consequence and that even if the evidence had been excluded, the losing party would have lost.
According to the appellate court decision, There was ample evidence to support a finding of malice and Ford's responsibility for malice. Through the results of the crash tests Ford knew that the Pinto's fuel tank and rear structure would expose consumers to serious injury or death in a 20- to 30-mile-per-hour collision.
The 6th U.S. Circuit Court of Appeals in Cincinnati said it was improper to let drivers of 14 Nissan models sue in groups under the laws of 10 individual states simply by claiming that the braking ...
Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921) is an American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo.The case addresses several contract principles including applying the doctrine of substantial performance in preventing forfeiture and determining the appropriate remedy following a partial or defective performance.
Equally as important, because federal appeals courts review the evidentiary rulings of district courts for abuse of discretion, the Court reiterated that district courts have a certain latitude to determine how they will assess the reliability of expert testimony as a subsidiary component of the decision to admit the evidence at all.
David A. Boyle was a helicopter pilot in the United States Marine Corps.In 1983, his helicopter crashed in a training exercise off the coast of Virginia Beach. [1] Boyle survived the impact but could not escape due to a design flaw that blocked the co-pilot's access to the escape hatch when one of the control sticks was pulled fully up. [2]
The decision was issued on Wednesday by a three-judge panel of the Cincinnati-based appeals court. Class actions can result in greater recoveries at lower cost than if plaintiffs were forced to ...