Sentences with phrase «appeal case regarding»

Cloisters has always been at the cutting edge of clinical negligence law, playing a lead role in many of the major cases such as A v Powys Local Health Board (# 10.7 m), the highest ever clinical negligence award at trial and the first to break through the # 10m barrier; Masterman - Lister v Brutton & Co and others, the leading Court of Appeal case on capacity; Iqbal v Whipps Cross University NHS Trust leading Court of Appeal case regarding compensation for the «lost years» and the doctrine of precedent; Crofton v NHSLA in respect of the impact of local authority payments on damages for care; and Lucas v Barking, Havering & Redbridge Hospitals NHS Trust, the leading case on disclosure of draft witness statements and expert reports.

Not exact matches

The Air Force Court of Appeals in May 2017 also reversed a conviction in the sexual assault case U.S. v. Boyce after finding that public statements by Sens. Claire McCaskill and Kirsten Gillibrand regarding the «Marines United» scandal earlier this year created «the appearance of unlawful command influence» in the case, as retired Col. Don Christensen, a former Air Force chief prosecutor and current president of the advocacy group Protect Our Defenders, told Task & Purpose at the time.

In a recent court case, the 9th Circuit Court of Appeals ruled that the Department of Justice is prohibited from using federal funds to prosecute businesses who operate within state laws regarding medical marijuana.

The government itself appealed to the high court and asked it to hear the case regarding the ACA employer - provided contraception mandate.

«It is a version of an appeal for the protection of free speech, and in this case it is a demand that the speech of particular persons carry the authority to define the structure of reality without regard to the basis of past decisions.

In its decision regarding Silver's case, the appeals court ruled in 2017 that the definition of official corruption provided to the jurors differed from the one used by the U.S. Supreme Court when it overturned the corruption conviction of former Virginia Governor Bob McDonnell, and so it was possible the jury could have ruled differently had it been instructed on the updated definition of the law.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

The Supreme Court refused to take an appeal on that specific case regarding the North Carolina laws, so one can accurately say that this particular finding is the accepted law of the land, approved to the highest levels of our judiciary.

«Having regard to the settled position of the law as expoused by our courts in not less than five cases wherein the suspension of legislators by legislative houses was annulled and set aside, the Senate should withdraw the appeal filed against the judgment of the Federal High Court in the case of Senator Omo - Agege.

[19] When the case came to the Court of Appeal, the payment was restored in a judgement that was highly critical of the Department, including quoting her complaint that Johnson had made «personal comments made about me... without any reference to the Trust, or informing me,... regarding my severance value and its non-payment».

The point of a movie trailer is to lie to as many eyeballs as possible regarding the quality, the appeal and in some cases the very nature of a film's storyline.

Read CCSA's statement regarding the decision of the Third District Court of Appeal regarding Anderson USD v Shasta Secondary Home School Case.

He has co-written amicus briefs for the Seventh Circuit Court of Appeals and the United States Supreme Court regarding another high - profile moral rights case, Chapman Kelley vs. Chicago Park District, in support of artist Chapman Kelley.

It is the lengthy timeline that prompted lawsuits to not only overturn CPP, but to also ask for a stay of the rule while the court decides on the case — as the U.S. Court of Appeals for the 6th Circuit granted last month regarding the Obama administration's Waters of the U.S. rule.

Hong Kong is also proud of its judicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbitration).

The Supreme Court of Canada will hear five appeals this week, including a case in which the attorney general is challenging the courts» authority regarding fees for amicus curiae and today's emotional end - of - life case.

One being an appeal case before the Eastern High Court of Denmark regarding coverage according to an all - risk insurance policy.

The court will hear three appeals regarding international tariffs, insurance contracts, and an interesting case in which the judge rejected a plea deal submitted jointly by the defence and prosecution.

The Employment Appeal Tribunal (EAT) has given judgment this week in an eagerly awaited discrimination case regarding the enhancement of maternity and shared parental pay.

The Arizona Court of Appeals in the Myrick v. Maloney case provided a good discussion from the court of appeals regarding a judge's discretion to balance both factors (reasonableness and disparity in financial resources) to award or decline an award of attorneyAppeals in the Myrick v. Maloney case provided a good discussion from the court of appeals regarding a judge's discretion to balance both factors (reasonableness and disparity in financial resources) to award or decline an award of attorneyappeals regarding a judge's discretion to balance both factors (reasonableness and disparity in financial resources) to award or decline an award of attorneys fees.

In Buencamino v. Noftsinger, the Arizona Court of Appeals evaluated the trial court's ruling regarding whether Arizona Revised Statute Section 25 - 408 was applicable to the parties case.

The Donell case addresses some points regarding solicitor - client privilege that the BC Court of Appeal felt were unsettled since a 2003 Supreme Court of Canada decision in Miranda v. Richer, 2003 SCC 67.

The Federal Court of Appeal acknowledged that for a very long time there had been two divergent and conflicting lines of case law regarding the question of whether Part III of the Canada Code permits terminations of employment without cause.

The recent court of appeal case Kish v Sobchak 2016 BCCA 65 stems from a decision made on summary trial regarding a claim by the deceased's spouse to vary his Will to provide for her.

In this case, having regard to: (i) the origin of Ofsted's duty of fairness; (ii) the general purpose of the JAR together with its procedural arrangements; and (iii) the unique circumstances and timescale in which the JAR had been directed, the Court of Appeal found that Shoesmith's appeal against Ofsted should be dismAppeal found that Shoesmith's appeal against Ofsted should be dismappeal against Ofsted should be dismissed.

The Court of Appeal disagreed with the judge regarding the relevance of the agreement for a lease which had preceded the grant of the lease in this case, and held that it was a legitimate aid to the construction of that lease.

Advised food and beverage company regarding trial appeal, ultimately negotiating favorable settlement after positioning case for successful appeal and possible re-trial

Sole custody orders issued by an Arizona judge may be appealed to the Arizona Court of Appeals, which will review the case to determine if there were apparent errors in interpreting the law in regards to the situation at hand or a trial judge's abuse of his or her discretion.

The case ultimately settled on appeal, but because Ross failed to file a supersedeas bond, Lightfoot submitted extensive briefing in the appellate court regarding the requirements of Rule 8 of the Alabama Rules of Appellate Procedure.

He had an integral role in the first case heard by the Quebec Court of Appeal since the Supreme Court of Canada's decision in Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada concerning the extent of the exclusion regarding work performed by the insured.

In this case, the Court of Appeal set out general rules regarding the ability of estate trustees to recover their legal fees from the estate:

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability equality duty) when carrying out their functions in the instant case.

In granting Knecht's application for leave to appeal, Alberta Court of Appeal Justice Jack Watson wrote: «[T] he chief has an arguable case regarding the quesappeal, Alberta Court of Appeal Justice Jack Watson wrote: «[T] he chief has an arguable case regarding the quesAppeal Justice Jack Watson wrote: «[T] he chief has an arguable case regarding the questions.

There already are solutions, e.g., to create legal documents and forms, to review contracts, to appeal parking and other traffic tickets, to offer first advice on divorce, or that will submit damage claims for you with regard to flights, that assist you with requesting maternity leave or in case of landlord contract violations, etc..

Moreover, with regard to the second ground of appeal, the ECJ found that the Council and Commission had again failed to perform an adequate assessment of the evidence in the case: «the institutions can not restrict their assessment to an analysis of the «prima facie» situation if the producer furnishes evidence which is capable of rebutting that analysis» (para. 102).

The kinds of representation we provide involve: (1) litigation and appeals regarding a wide variety of legal issues; (2) employment disputes, including discrimination claims and accusations of noncompliance with wage and hour laws; (3) intellectual property matters regarding patents, trademarks and copyright infringements; (4) commercial real estate matters; (5) business law disputes; and (6) alternative dispute resolution («ADR») matters, including mediation and arbitration cases.

Our Vancouver BC Child Support Lawyers handle periodic, lump sum and secured child support cases as well as variations and Appeals regarding BC child support.

On 5 February 2018 the Court of Appeal of Rome issued an important case regarding distributorship contracts (Decision No. 691/2018).

In some situations, family law judgments regarding issues like support and child custody can be modified without an appeal while other cases require an appeal to correct an unfair judgment.

The Court of Appeal held the legal issue of threshold admissibility (regarding the inconsistent statements made by the accused) was quite different from and not relevant to the judge's ultimate finding that the Crown failed to establish the collusion on which its case depended.

With regard to (b), the incidence of trial decisions reversed in whole or in part on appeal is high (40 % of civil cases appealed).

On appeal, the Court of Appeals for the Federal Circuit disagreed with regard to copyrightability and held that the declaring lines of code and their structure, sequence, and organization were copyrightable and sent the case back here for this trial on fair use and, depending on that verdict, for damages and other relief.

The Ontario Court of Appeal recently dealt with yet another case regarding minimum entitlements and termination clauses in Nemeth v. Hatch Ltd., 2018 ONCA 7.

«A born - litigator and a mastermind of VAT defence - litigation», Stuart Walsh is representing Lowcosttravelgroup and AIAL in relation to HMRC's appeal to the Court of Justice of the European Union after losing a case in the British Supreme Court regarding the levy of additional VAT across the travel booking industry.

(2) In the case referred to in the preceding paragraph, the record referred to in said paragraph shall have attached thereto a document stating an opinion of the court of prior instance with regard to the appeal case and materials that serve as a reference in the proceedings of the appeal case.

For more in - depth information regarding such arrangements, please read our synopsis of the Arizona Court of Appeals decision in the Woodside v. Woodside case.

We recently brought you news of an Oregon Appeals Court ruling regarding denial of a jury trial in the case of Tawanna Fuller.

With regards to the Father's Re C argument, the Court of Appeal dismissed that as it considered that in internal relocation cases the child's welfare is the paramount consideration.