Sentences with phrase «appeal dismissed the motion»

Justice Webb of the Federal Court of Appeal dismissed the motion.

Not exact matches

The state Court of Appeals ruled against a motion to dismiss a lawsuit brought against telecommunications giant Sprint by the state.

Olanipekun urged the appeal panel to dismiss Nwofor's motion, arguing that the cases cited by the lawyer were not applicable to the case.

Delegates at the Labour conference in Manchester dismissed health secretary Patricia Hewitt's appeal to disregard Unison's motion, which warns the government's pace of reform is causing «immense damage» to many NHS services.

The Senate President Dr. Bukola Saraki, has appealed against the Thursday's ruling of the Code of Conduct Tribunal in Abuja, dismissing his motion asking the tribunal chairman, Danladi Umar, to disqualify himself from further presiding over his (Saraki's) trial.

There's not much of interest in it, except in the section on page 21 headed «Jurisdiction», where Dr Mann has withdrawn his objection that «an appeal of the denial of a motion to dismiss under the Act does not meet the stringent requirements of the collateral order doctrine».

This order is about my co-defendants» decision (not mine) to appeal the denial of the motion to dismiss the amended complaint.

They could have ruled on it way back last autumn when the denial of the motion to dismiss the original complaint was appealed, but by then Michael E Mann, whose original complaint was as poorly constructed as his hockey stick, had filed his amended complaint, so the Court of Appeals ruled that it was moot.

It did not find that the appeal was moot because the trial court ruled on the motion to dismiss after the filing of the amended complaint.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

Defendant Mark Steyn opted not to appeal the denial of the motions to dismiss the amended complaint.

The hearing Tuesday was an appeal to a judge denying National Review and CEI's motion to dismiss the lawsuit under D.C.'s Anti-SLAPP Act, which is designed to prevent costly defamation lawsuits that are destined to fail.

My co-defendants National Review, Rand Simberg and the Competitive Enterprise Institute were appealing the Superior Court's denial of a motion to dismiss the case under the anti-SLAPP law.

When the complainant, former corporal Stephanie Raymond sought an appeal, the respondents filed a motion to dismiss on grounds that the National Defence Act infringes on the defendant's right to prosecutorial independence.

Because the amount of sanctions per motion did not reach the $ 5,000 appeal threshold, appeal dismissed.

While there appeared to be a consensus for years that strict language was required to displace the common law without infringing on the ESA, Rose says a 2016 Ontario Court of Appeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier ruAppeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier ruappeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier rulings.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

It seems that if I were to appeal, it would not be for my upcoming Motion to Dismiss, because I understand that would be an «interlocutory» appeal, and therefore not allowed.

Recently, in Boudreau v. Bank of Montreal, the Ontario Court of Appeal upheld a motion dismissing a lawsuit against Bank of Montreal (BMO), Rogers Communications Inc. (Rogers), and Umbro Inc. (Umbro).

The United States Court of Appeals for the Ninth Circuit granted a new hearing this past Friday in Joffe v. Google, Inc., while affirming the decision in September that denied a motion to dismiss by Google.

The lower court granted the motion to dismiss, and the Missouri Court of Appeals affirmed, finding the T&C s to be enforceable.

On appeal, Justices Cronk, Epstein, and Huscroft upheld the motion judge's decision to dismiss Ms. Brown's lawsuit.

On appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimony.

Experienced in all stages of litigation, from conducting discovery to trial and appeal, Gabrielle has an extensive background in drafting motions to dismiss, infringement and invalidity contentions, claim construction and summary judgment briefs, pre-trial and post-trial briefs, and appellate pleadings.

Then the Ontario Court of Appeal in Oudin v. Centre Francophone de Toronto dismissed an appeal from a motion judge's ruling upholding a termination clause (providing «the minimum required by the ESA») that was linguistically sparse and relatively imprecise when compared to earlier ruAppeal in Oudin v. Centre Francophone de Toronto dismissed an appeal from a motion judge's ruling upholding a termination clause (providing «the minimum required by the ESA») that was linguistically sparse and relatively imprecise when compared to earlier ruappeal from a motion judge's ruling upholding a termination clause (providing «the minimum required by the ESA») that was linguistically sparse and relatively imprecise when compared to earlier rulings.

The appeal tribunal, chaired by Christopher Bredt with Robert Armstrong, Janet Leiper, Barbara Murchie, and John Spekkens wrote: «the hearing panel erred in dismissing the motion for disclosure of the files of the lawyers who acted for the other parties.

The remand motion was brought only two days before the Apple - Google motion to dismiss the «Posner appeal».

LENK, J. Gordon Schultz appeals from decisions of a single justice of this court dismissing as untimely an appeal brought by Schultz pursuant to G. L. c. 231, s. 6G, and denying Schultz's subsequent motions for reconsideration and enlarge

Kilgore Barnard v. 9th Life Hawaii (Order Granting September 28, 2017 Motion to Dismiss Appeal for lack of Appellate Jurisdiction).

Royce v. Plaza Home Mortgage, Inc. (Order Denying May 7, 2018 HRAP Rule 40 Motion for Reconsideration of April 25, 2018 Order Dismissing Appeal for Lack of Appellate Jurisdiction).

ICA Order (1) Dismissing the Appeal for Lack of Appellate Jurisdiction and Dismissing as Moot All Pending Motions, filed 05/12/2016 [ada].

Instead, the Federal Circuit has now granted the motion, dismissed the appeal, and remanded the case to the Northern District of Illinois, where Apple and Google will get the whole case dismissed now.

Our litigators represent organizations in statewide and nationwide class action litigation in every facet of class action proceedings — from motions to dismiss, class certification proceedings, discovery, trial, settlement, and appeal.

The Court of Appeal in Trudel, following the decision of the Ontario Court of Appeal in Schreiber v. Federal Republic of Germany (2001), 52 O.R. (3d) 577, held that a motion to dismiss based on state immunity need not meet the «plain and obvious standard».

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

January 11 — Quebec — Quebec v. Guérin Health law: Quebec's AG is applying for leave to appeal the judgment of the Court of Appeal in October that dismissed the appeal from a Superior Court judgment allowing the motion for judicial review brought by the respondent, Dr. Ronald Gappeal the judgment of the Court of Appeal in October that dismissed the appeal from a Superior Court judgment allowing the motion for judicial review brought by the respondent, Dr. Ronald GAppeal in October that dismissed the appeal from a Superior Court judgment allowing the motion for judicial review brought by the respondent, Dr. Ronald Gappeal from a Superior Court judgment allowing the motion for judicial review brought by the respondent, Dr. Ronald Guérin.

In Durnin (Fisher) I had no choice since I inherited the file in its 14th year and my immediate motion to have a Jury was dismissed just before the trial which left no time to appeal.

The ONCA summarily dismissed the appeal, noting that all parties appearing at the set aside motion had treated the order as a final order, as did the motion judge.

The appellant husband appealed an order dismissing his motion to set aside a default order that the matrimonial home be sold and that $ 400,000 be paid to the wife on account of equalization.

The appellant submits that he has three grounds of appeal: that the chambers judge erred in concluding that the damages could not be quantified; that the judge erred in dismissing the claim when the appellant already had two default judgments against the defendants; and that the judge erred by dismissing the claim on his own motion without notice to the appellant...

Defended rating agency against claims brought by German bank based on collapse of a structured investment product, in successful motion to dismiss all claims, affirmed on appeal.

The moving party, Metro Ontario Inc. («Metro»), sought leave to appeal the Order of the Honourable Justice Akhtar, dismissing its summary judgment motion.

The Court of Appeal held that the test for dismissing an action at a status hearing under Rule 48.14 (13) is NOT the same as the test for dismissing an action under Rule 24 (also a rule permitting dismissals for delay, but on the defendant's motion).

In the order appealed from, the Family Court granted the mother's motion to dismiss the father's petitions based on lack of subject matter jurisdiction.

Its quite clear the appeal is frivolous, why was there no motion to dismiss?

The CRA, surprised by the company's position to reduce the 1995 deemed dividend to zero, brought a motion to dismiss Bakorp's appeal, arguing the issue and relief set out in the notice of appeal were not those set out in the notice of objection.

In dismissing the appeal, the majority invited RBC to bring a motion for an order requiring a Scotiabank representative to be examined, after which time the Statement would be properly producible under law.

The Court of Appeal recently upheld a motion judge's decision to dismiss an action due to «inordinate and inexcusable delay.»

The Court of Appeal dismissed an appeal of a failed motion by one twin to remove the other on an interim Appeal dismissed an appeal of a failed motion by one twin to remove the other on an interim appeal of a failed motion by one twin to remove the other on an interim basis.

The motion was dismissed and an appeal by the Defendant was allowed in part.