Sentences with phrase «at issue in this appeal»

Moreover, a third approach is possible, namely, one which employs what we may call a «strictly metaphysical» analysis concerning neither the matters of fact at issue in appeals to experience, nor the hypothetical necessity at issue in the correlational form of presuppositional analysis, but rather the strict necessity that pertains to the character of factuality as such.

At issue in this appeal was the scope of the coverage provided by the insurance agreement, which read in part:

The claims against the City and the AGC are not at issue in this appeal.

An Adjudicator in the Office of the Information and Privacy Commissioner of Ontario («IPC») ordered disclosure of the government records at issue in this appeal.

The tailgate at issue in this appeal was not integral to the conveyance function of Ms. Longley's truck because the truck could have been, and indeed was, driven with the defective latch mechanism.

At issue in this appeal is a time extension provision and more specifically whether it was reasonable for a tribunal to extend a 45 - day time period to allow for an appeal brought 4 1/2 years later.

The developments in the area of education that have taken place in Quebec and that are at issue in this appeal must be situated within this larger context.

The case at issue in this appeal arose from a challenge by the Mikisew Cree First Nation, an Alberta Treaty 8 First Nation, to two contentious Omnibus bills (Bill C - 38 and Bill C - 45) that were introduced by the former Conservative federal government in 2012.

These are the four patents at issue in this appeal (in the order in which they appear in Microsoft's brief):

There is still the subjective bad faith prong, which was not at issue in this appeal, because Plaintiff did not contest the finding of subjective bad bath.

The scope of one such deduction is at issue in this appeal.

Not exact matches

At issue in Salman's appeal is whether the government in insider trading cases must prove that an alleged source of corporate secrets like the brother - in - law received a tangible benefit like cash in exchange for any tips.

I conclude that Craig and the process theist are at an impasse so that if a decision is to be made concerning the cognitive superiority of either the kalam or process theistic models, this must be made by appeal to issues in philosophical theology other than the question of the extension of the past.

Other statements, notably various declarations issued from 1969 to 1989 by the National Conference of Catholic Bishops in the U.S. and a 1984 statement by the Chinese Catholic bishops, appeal instead to the nature of the human person and the idea that life begins at conception.

There is also a fifth, more detached, philosophical way of looking at these issues without appealing to «direct historical influence» as if it were some sort of causal connection as Lowe claims it is.7 Of course the fourth line and fifth lines are outside ordinary present - day historiographical research, excepting undergraduates in general education courses (who seem inevitably to find, in spite of the odds in a fair - sized library, Russell's History of Western Philosophy first, and then cite it liberally).

If in earlier situations the standards of critical judgment that properly applied to foundational theological assertions allowed for appeals to authorities of various kinds to settle the issue of their credibility, for us today all such appeals can have at most a provisional validity.

Mounting an unsuccessful challenge at the Court of Appeal in Belfast in 2016, Ashers contended that it never had an issue with Mr Lee's sexuality, rather the message he was seeking to put on the cake.

«Rather, the Assembly process at issue here (including the appeal) is governed by the Assembly Sexual Harassment Policy, which contains no provision for — or even any suggestion of — a full evidentiary hearing with open discovery and full cross-examination rights, either at the Ethics Committee level or in the context of an appeal,» Levine wrote.

Radford said the council's advisor believes that because the issues in their appeal are technically different, they may not be able to be heard at the same time.

«We hear concern that the current Court of Appeals lacks someone with a background in commercial issues,» said Dennis Hawkins, executive director at the Fund for Modern Courts, an organization that works to improve the state court system.

In an emergency appeal filed Monday, a privacy rights group claimed a secret federal court improperly authorized the government to collect the electronic records, and said only the justices could resolve the statutory issues at stake.

In an unusual move designed to make criminal trials fairer, state Court of Appeals Chief Judge Janet DiFiore issued a new rule requiring judges to forcefully order prosecutors to search their files and disclose all evidence favorable to the defense at least 30 days before major trials.

«The city joined the appeal as an act of good faith as part of those talks, and to defend the broader city land use rules, which were not at issue in the earlier decision but were likely to arise once an appeal was heard.»

The governor's speech was about closing Rikers Island, fixing public housing and equitable education funding — all issues tuned to appeal to an African - American audience, and potentially at stake in the state budget.

The group in a statement issued by a certain Ogah A. Ogah, quoted APC as saying that «As a party embarking on mass appeal for greater membership even after elections at all levels, this is not the time to embark on unnecessary exchanges with statesmen like Sen. Mark.

The judge ruled, «In view of the pending appeal and application for stay of proceedings at the Court of Appeal, this matter is adjourned sine die (indefinitely) to await the decision of the Court of Appeal on the fundamental issue of service and / or of stay of proceedings.&appeal and application for stay of proceedings at the Court of Appeal, this matter is adjourned sine die (indefinitely) to await the decision of the Court of Appeal on the fundamental issue of service and / or of stay of proceedings.&Appeal, this matter is adjourned sine die (indefinitely) to await the decision of the Court of Appeal on the fundamental issue of service and / or of stay of proceedings.&Appeal on the fundamental issue of service and / or of stay of proceedings.»

Hodge Jones & Allen LLP's Nancy Collins, who is representing Humanists UK in the case, commented, «The issue at stake in this appeal is of fundamental importance; the right of those with terminal illnesses to choose when and how they die.

The training required to excel at either end of the spectrum is only part of the reason; there's also the issue of body type, the fact that running and lifting tend to appeal to very different sorts of reward centers in the brain («I love that runner's high that kicks in around mile 20!»

I just took my first dose in water the taste was awful so it does have a flavor which is not very appealing but benefits out weigh this in my book at least from what I've read not sure if it works but I am going to try and see if it helps with all the issues I have GI problems aches pains dry skin and dry brittle hair and nails we shall see

About Blog This blog primarily deals with «public policy» at a theoretical and conceptual level, which has a universal appeal, this blog will overwhelmingly explore public policy issues pertinent to policy discourses in India and from an Indian perspective.

In 1967 their case is appealed at the Supreme Court and all anti-miscegenation laws are issued as unconstitutional and in violation of the Fourteenth Amendment's guarantee of equalitIn 1967 their case is appealed at the Supreme Court and all anti-miscegenation laws are issued as unconstitutional and in violation of the Fourteenth Amendment's guarantee of equalitin violation of the Fourteenth Amendment's guarantee of equality.

At the film's recent press day, Costner talked about the appeal of playing Coach White, Niki Caro's directing style, the bond that developed between all the actors during filming, the pivotal role a coach can play in a young person's life, the Jim White - type coaches who influenced Costner's life in a positive way, what he learned about Latino culture growing up in Visalia, why he waits for projects to come along that he can really respond to irrespective of genre, the biggest cultural gap he experienced on this film, and how sports movies allow us to address other issues within the wider society.

Legislation introduced Tuesday would streamline the appeal process districts must navigate in dismissing teachers - at least the fourth bill this session dealing with the issue.

Laudato Si, in short, is Pope Francis» appeal to the faithful to take a closer look at how we are shaping the future of our planet, the effect of humanity on global issues such as climate change and poverty, and the protection and care for what Francis calls «our common home.»

She grew up in rural Maine, and her childhood sounded very appealing, although there was no modern medicine as we know it and lots of other issues at the time.

Finally, in June 2011, Argo issued final confirmation that Cascade was not appealing the Colorado Court order at end - March dismissing the lawsuit against Argo.

So in this issue we look at the growing appeal of working collectively, asking: Are collectives displacing the isolated artistic genius?

At best, your argument that these lawyers are geniuses is that they set up a frivolous appeal to get a mootness ruling that could be used to confuse the trial court in order to issue a ruling they are probably entitled to anyway.

More than a few commenters on previous articles about the Copenhagen Wheel took issue with the device's appearance, as the Wheel resembles two big plastic frisbees mounted on the rear wheel, and it only comes in red at the moment, which may not appeal to some riders.

Over at the Volokh Conspiracy, Jonathan Adler pointed to an opinion issued by the U.S. Court of Appeals for the D.C. Circuit yesterday, in which the court refreshingly found a way to weave some whimsy into an otherwise not particularly funny incident.

In addition, Bashman described that he reports on court rulings at «How Appealing» as they issue — he does not simply provide commentary — and, in addition, his blog generates an average of 10,000 readers a daIn addition, Bashman described that he reports on court rulings at «How Appealing» as they issue — he does not simply provide commentary — and, in addition, his blog generates an average of 10,000 readers a dain addition, his blog generates an average of 10,000 readers a day.

[a] tax measure such as that at issue in the main proceedings, which is, according to the referring court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the appeal of that OCT as a tax haven, comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring court to assess.

It remains to be seen whether this will be so, assuming that a case in which it is at issue actually comes before the appeal courts.

«In short, in the absence of any apparent relevance of the material, speculatively said to be contained in the report, to the issues which are to be explored at trial, the court does not consider that it is in the interests of justice to allow the recovery and this appeal is therefore refused.&raquIn short, in the absence of any apparent relevance of the material, speculatively said to be contained in the report, to the issues which are to be explored at trial, the court does not consider that it is in the interests of justice to allow the recovery and this appeal is therefore refused.&raquin the absence of any apparent relevance of the material, speculatively said to be contained in the report, to the issues which are to be explored at trial, the court does not consider that it is in the interests of justice to allow the recovery and this appeal is therefore refused.&raquin the report, to the issues which are to be explored at trial, the court does not consider that it is in the interests of justice to allow the recovery and this appeal is therefore refused.&raquin the interests of justice to allow the recovery and this appeal is therefore refused.»

The judge who granted leave to appeal acknowledged the decision's «importance to the profession, as well as to the administration of justice generally», and described the core issue raised by the decision to be whether «pre-approval to use discovery evidence under one of the exceptions contained in [Rule 30.1] is or is not required»: S.C. v. N.S., 2017 ONSC 2601 at para. 8.

At McGuireWoods, she was a member of the firm's appeals and issues practice group, representing clients in numerous appeals before state and federal courts.

Please join our panelists, litigation partners Antonio Perez - Marques, who argued the Albaniabeg vs. Enel appeal, and Frances Bivens, a leader of Davis Polk's international arbitration practice, for a discussion of the unique issues involved in defending claims at the enforcement phase, and the impact of the Enel decision.

It includes analysis on emerging issues in federal criminal law and practical advice on navigating challenging issues at all stages of federal criminal proceedings, from the bail hearing through trial and appeal.

At his blog Decision of the Day, Robert Loblaw reports on a student speech decision issued yesterday by the 2nd U.S. Circuit Court of Appeals, Wisniewski v. Board of Education of the Weedsport Central School District, coming close on the heels of the Supreme Court's June 25 decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case.»

Nadon's dissent in the 2009 Federal Court of Appeal ruling in Khadr v. Canada, siding with the government on the issue of bringing Omar Khadr back to Canada from the prison at Guantanamo Bay, has left some to call him a «pro-Guantanamo» judge.