80) The Court also reasoned that the deterrence rationale does not support a rule allowing appellate courts to dismiss former fugitives' appeals.
86) Accordingly, the Court bestowed upon appellate courts the authority to sanction with dismissal those cases in which the appellate process is adversely affected.
According to the dissent, appellate courts have the authority to create and enforce procedural rules governing litigation.
com, as the Web's leading legal news and information network, is the perfect home for my blog, which has as its principal focuses linking to news coverage of court decisions and providing timely summaries of significant appellate court
rulings," said Bashman.
He contributes a monthly column on appellate developments for The Legal Intelligencer and previously served as chair of the Appellate Courts
Committee of the Philadelphia Bar Association.
In the Henley case, the punitive damages as reduced by the appellate court
are six times greater than the substantial $1.
MINNESOTA APPELLATE COURT REJECTS REVIEW OF DECERTIFICATION DECISION IN 'LIGHTS' CASE
In today's ruling, the appellate court refused to grant discretionary review of the January 16 order from Hennepin District Judge Allen Oleisky.
5 million punitive damage award to a smoker's estate, and directed the appellate court
to reconsider the case in view of its recent opinion in State Farm v.
Philip Morris USA had asked the state's highest court to take the unusual step of accepting a direct appeal of the case, in effect bypassing the state's intermediate appellate court, the Court of Appeals for the Fifth District.
Ohlemeyer noted that the trial court disagreed with the company on those key issues, and the appellate court will have an opportunity to take a fresh look at those and other issues.
A judgment so large that it cannot be bonded tilts the scales of justice and can force companies to settle cases even if they believe the facts and the law will result in the reversal of a verdict after review by an appellate court," Ohlemeyer said.
Trial courts would retain discretion to set lower bonds, and both parties would still have the right to ask an appellate court to review and alter a bond required by the trial court as long as the bond conforms with the proposed rules.
Philip Morris USA believes that when an appellate court reviews the record in this case and applies Illinois law, it will conclude this verdict must be overturned.
Ohlemeyer said there are numerous grounds for reversal that the appellate court will consider, and a decision on where to proceed will be made later following further review.