Sentences with phrase «appeal decision regarding»

On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person from appointment as arbitrators.

The Court of Appeal ruled «the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

A Maryland Court of Appeals decision regarding pit bulls has many dog owners and rescue groups outraged.

On Feb. 22, 2010, the U.S. Supreme Court reversed a 5th U.S. Circuit Court of Appeals decision regarding the «demeanor - based» rejection of a potential juror in a death penalty case.

Not exact matches

These include increased expenses related to the Government's decision not to appeal a court decision regarding the Service Income Security Insurance Plan.

«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.

This framework identifies which key internal and external stakeholders provide inputs, approve, perform, and decide on decisions regarding standards, policies, rules, the assurance system, appeals and other decisions.

«We are sad to hear the decision in regards to Mr. Marsh's court appeal.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

SERAP therefore welcomes the decision by the World Bank not to allow technicalities (regarding its requirement of 60 days within which to file an appeal to it) stand in the way of substantial justice, and truth on the spending of recovered Abacha loot as to do otherwise would have amounted to a miscarriage of justice for millions of Nigerians who are victims of corruption.»

Trump also said in a tweet that Democrats should be «ashamed» for their response to his decision regarding Comey, and sent out a highlight reel of old news clips and public appeals made by politicians who urged the former director to step down, but are now blasting his ouster.

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 Skeloses appealed their convictions and cited the 2016 Supreme Court decision regarding former Virginia governor Bob McDonnell, a Republican, and the new interpretation it gave to public corruption.

Dovetailing HUD's decision to deny the county's AI earlier this month, a federal appeals panel also denied the seventh appeal from the county on April 28, ruling that Westchester has engaged in «total obstructionism» regarding its 2009 federal mandate to increase access to affordable housing in more affluent pockets of the county.

Nolan, who also is a first - term Ulster County legislator, said the alliance already is in the process of appealing an April decision from the Appellate Division regarding the environmental review of the project.

In a ruling handed down on the 17th of December 2015, effectively overturning the decision of the lower courts, the Court of Appeal of Brussels maintained that it was illegal for the Belgian State to end its partnership with the International Polar Foundation with regard to the management of the Antarctic research station.

Alexandria, Va. (September 30, 2015)- The National School Boards Association (NSBA), joined by the Texas Association of School Boards (TASB) filed a «friend of the court» (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit regarding Salazar v. South San Antonio Independent School District, urging the Court to overturn the trial court's decision.

All correspondence regarding an exclusion from the school will inform parents of their right to appeal to the Governing Body against the decision to exclude.

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

Colorado Gov. John Hickenlooper plans to appeal the state supreme court's decision in a lawsuit regarding public school funding, the governor announced Wednesday.

Subsequent to a charter school applicant filing an appeal, the Commissioner of Education shall convene a meeting of the Charter School Appeal Commission (comprised of an equal number of members representing charter schools and school districts) to study and make recommendations to the State Board of Education regarding its pending decision about the aappeal, the Commissioner of Education shall convene a meeting of the Charter School Appeal Commission (comprised of an equal number of members representing charter schools and school districts) to study and make recommendations to the State Board of Education regarding its pending decision about the aAppeal Commission (comprised of an equal number of members representing charter schools and school districts) to study and make recommendations to the State Board of Education regarding its pending decision about the appealappeal.

«The Connecticut Coalition for Justice in Education Funding [CCJEF] is in discussion with our attorneys in regard to our legal options in light of the Attorney General's decision to appeal the landmark CCJEF v. Rell decision.

The school director will first investigate the matter to ensure that Steps 1 and 2 have been appropriately documented and completed, then record the complaint and / or appeal and will address any concerns regarding appeal of a disciplinary decision, or any action or inaction taken by the school administration, within three school days of the appeal and within five days from the time the complaint is introduced.

The Office of Civil Rights receives and processes DBE appeals regarding certification decisions made by US DOT Grant Recipients.

The recent Maryland Court of Appeals decision in Tracey v Solesky modifies the common law in Maryland regarding liability for bites attributed to dogs the Court alternately referred to as «pit bull», «pit bull mix» or «cross ‐ bred pit bull mix».

The Campaign Against the Arms Trade, which initiated the claims regarding the UK government's alleged contravention of humanitarian law, will now appeal against the High Court's decision.

The Court of Appeal backed the High Court decision, holding that the contract was inadequate to protect the interests of the purchasers, and that the firm did not provide enough relevant information, particularly regarding the payment structure of the project and the promoter's commission.

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

In a surprising decision, the Supreme Court of Canada reversed the Quebec Court of Appeal (QCA) last week in a decision regarding the provision and payment of «reasonable notice» on resignation.

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.

Of 40,952 decisions made across 109 local authorities regarding requests for EHC needs assessments, 7 % of refused requests resulted in an appeal; 12 % of assessments that resulted in a refusal to issue an EHC plan were appealed; and in 6 % of EHC plans one or more aspect of the content was appealed.

This new decision by the Court of Appeals holds that where the UM insurance company does not stipulate that they caused the injuries complained of, the facts regarding intoxication can come into evidence in the trial judge's discretion.

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 what is certainly the most significant decision regarding the court's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be applied.

«Focusing on New Jersey appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.appeals, appellate law, and appellate practice, particularly regarding decisions and other actions of the Supreme Court of New Jersey, the Superior Court of New Jersey, Appellate Division, and the Third Circuit Court of Appeals.Appeals.»

In its decision denying the application for disqualification of the trial judge, the appeal court made the following observations regarding Groia's conduct in the OSC hearing:

A spokesman for Ontario's attorney general said his office will be reviewing the decision carefully and will consult federal colleagues regarding a potential appeal.

Chris Paliare and Karen Jones represented the College of Chiropractors in Leering v. College of Chiropractors of Ontario, 2010 ONCA 87, a successful appeal of a judicial review decision of the Divisional Court, affirming that there is no exception to accommodate spouses in the zero - tolerance policy regarding health professionals who engage in sexual relations with their patients.

The appeals court adhered to its prior decisions generally upholding the PTAB rules regarding amendment, in part because the PTAB panels do not include examiners and thus lack the capacity to examine amended claims.

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.

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.

The Supreme Court of Canada will hear four wide - ranging appeals this week including one that will be of interest to counsel regarding how much of their submissions judges can use in decisions without any attribution.

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.

Similarly, in the 1936 decision, Kazakewich v. Kazakewich, the majority for the Alberta Court of Appeal summed up the ratios from several Privy Council decisions, including Edwards, and concluded that BNA Act should be interpreted by ascertaining «the intention of the framers... as at the date of the enactment by having regard to the words employed without extraneous aids to interpretation where the language is unambiguous.»

Our attorneys have experience with situations where physicians are subject to group peer review and have assisted the physicians with their provider dispute resolution process, including appeal of unfavorable decisions regarding network participation privileges.

Toyne says the ruling reaffirms the 2001 decision on contempt in T.G. Industries v. Williams at the Nova Scotia Court of Appeal, also written by Cromwell, and clarifies any confusion with regards to the rare situations when lawyers are found to be in contempt.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

The Court of Appeal maintained the motion judge's assessment of the Bardal factors as it found no reason to interfere with his decision in this regard.