Sentences with phrase «bars application of the rule»

Bars application of the rule of joint and several liability in the recovery of noneconomic damages.

Bars application of the rule joint and several liability in the recovery of all damages from defendants found to be less than 50 % at fault unless the defendant committed an intentional tort.

Not exact matches

Topics in the Q&A included the source of money for the City's planned pre-K advertising campaign, the City's target number of pre-K applicants, whether Speaker Silver thinks the proposed income tax surcharge should be pursued next year, how the pre-K selection process will work, how the City will cover the approximately $ 40 million annual gap between the estimated cost of pre-K and the amount provided in the state budget, when parents will learn whether their pre-K application has been accepted, how the City will collect data and measure success of the pre-K program, whether the existing pre-K application process will be changed, how the City will use money from the anticipated school bond issue, the mayor's reaction to a 2nd Circuit ruling that City may bar religious groups from renting after - hours space in public schools, the status on a proposed restaurant in Union Square, a tax break included in the state budget that provides millions of dollars to a Bronx condominium project, the «shop & frisk» meeting today between the Rev. Al Sharpton and Police Commissioner Bratton and a pending HPD case against a Brooklyn landlord.

For both application of existing rules and the promulgation of new ones, state regulators are being guided somewhat by national bodies — mainly the American Bar Association — but as the world of legal ethics evolves along with technology, there remains a need to consult local authorities on all ethics rules.

• Applicants who are required to establish rehabilitation under Rule 3 - 13 «so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;» • Applicants with a history of substance abuse / dependence «so as to ascertain whether they discussed or posted photographs of any recent substance abuse;» • Applicants with «significant candor concerns» including not telling the truth on employment applications or resumes; • Applicants with a history of unlicensed practice of law (UPL) allegations; • Applicants who have worked as a certified legal intern, reported self - employment in a legal field, or reported employment as an attorney pending admission «to ensure that these applicants are not holding themselves out as attorneys;» • Applicants who have positively responded to Item 27 of the bar application disclosing «involvement in an organization advocating the overthrow of a government in the United States to find out if they are still involved in any related activities.»

In my experience working with lawyers on publishing and participating online, I have found that most lawyers are at best confused, and at worst, clueless about the interpretation and application of many of their Bar's rules regarding these matters.

Business litigation lawyer Amanda E. Gordon wrote the article entitled «The E-Usual Course of Business: ESI Application to Rule 34 Requirements,» which was featured in the Spring 2016 issue of the American Bar Association's Business Torts & Unfair Competition journal.

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(correct test for Barrister appeals; whether outside the ex improviso rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for disclosure by defence)

16 In the case of Aquilini v. Aquilini, 2012 BCSC 1616, Mr. Justice Smith dealing with an application for the appointing of a business valuator (similar to the case at bar) identified the following relevant factors for a court to consider when determining whether to exercise its discretion under Rule 13 - 4 (3) to appoint a joint expert in absence of an agreement at para. 43:

[2] The applicant, a lawyer of over 60 years at the Bar of Manitoba, appeals from a dismissal of his application from a declaration that certain rules of The Law Society of Manitoba (the Law Society), more particularly those requiring him to attend continuing professional development programs and exposing him to suspension if he does not do so, are illegal and invalid.

Thus, the court ruled that the facts supported the lower court's application of New Jersey law and so barred the Broker from bringing a lawsuit for a commission.