Sentences with phrase «claims court decision»

ALSO, Brokerages are businesses and although the practice over the last 50 years has been to ignore common law, a simple Small Claims court decision for the Co-Operating Brokerage against the Listing Brokerage for failure to collect monies owed as a result of MLS rules and regs and forms, would be a cheap alternative to recover at least $ 10,000.
In reviewing the small claims court decision, Judge Mary Sanderson noted employers have probation periods to evaluate whether an employee is suitable for employment.
Swern v Amazon Hardwood Centre Inc, 2015 ONSC 7590 [Swern] is a Small Claims Court decision appealed by the Defendants to the Divisional Court on a number of well - reasoned points of law and fact.
In a recent Small Claims Court decision, MTCC No. 659 v. Truman, the Court considered whether a condo corporation could charge an owner for disproportionate and excessive use of water in the owner's unit.
This is especially important after a recent Small Claims Court decision.
No. 59 [2012] O.J. No. 465 (Small Claims Court) appear to us be in error, but it is doubtful there will be any appeal taken to correct the error (given the rarity of appeals from Small Claims Court decisions).

Not exact matches

Monday's ruling affirmed a lower federal court decision that also dismissed Kimzey's claim that Yelp should be held liable for distributing reviews to search engines.
Google also has a high - stakes courtroom battle on its docket, following an appeals court decision last month reviving Oracle's copyright claim against Google's use of the Java language in Android's operating system.
AMSTERDAM — As Google bowed to a European court ruling to consider users» claims to remove embarrassing search results, the company took the first step toward preventing any more such punishing decisions — acknowledging it has an image problem in Europe.
But as with past Supreme Court ATS decisions, the justices once again failed to shut the door entirely on human rights activists: the ruling said nothing about the many ATS claims pending against American corporations.
The U.S. Patent Trial and Appeal Board can no longer review only some of the patent claims challenged by petitioners in inter partes review (IPR) proceedings, the U.S. Supreme Court said on Tuesday in a 5 - 4 decision.
He successfully argued against forum non conveniens dismissal, obtaining the first ruling after the Supreme Court's decision in Morrison v. Nat» l Australia Bank Ltd., 130 S. Ct. 2869 (2010) to permit foreign investors pursuing foreign law claims to seek recovery for losses on a foreign stock exchange in a U.S. cCourt's decision in Morrison v. Nat» l Australia Bank Ltd., 130 S. Ct. 2869 (2010) to permit foreign investors pursuing foreign law claims to seek recovery for losses on a foreign stock exchange in a U.S. courtcourt.
This time, Pomerantz established the right of individual foreign investors who purchased foreign - traded shares of a foreign corporation to pursue claims for securities fraud in a U.S. court, thereby overcoming obstacles created by the U.S. Supreme Court's 2010 decision in Morrison v. Nat» l Australia Bank court, thereby overcoming obstacles created by the U.S. Supreme Court's 2010 decision in Morrison v. Nat» l Australia Bank Court's 2010 decision in Morrison v. Nat» l Australia Bank Ltd..
From such a perspective he argues the now - famous claim that the abortion decision by the Supreme Court was a profoundly antipolitical act.
Federal Courts determined that the Mormon Church is not the original Church led by Joseph Smith as the decision over ownership of the only surviving Church from Joseph Smith's life, Kirkland Temple in Ohio; the Federal Court rejected the Mormon Church's claim of ownership.
However, CNN reported that her fate remains a decision for the appeals court, and Sudan's foreign ministry later explained the same, claiming an official's words were misinterpreted.
Bork surveys a long and depressing series of decisions - on free speech, pornography, contraception, abortion, sexual equality, etc. - in which the Supreme Court, claiming the authority of the Constitution, has taken public policy out of the hands of the people and their elected representatives.
Writing in the Baylor Law Review before the Romer decision, David Smolin of Samford University Law School argues that the present Court» rejecting «religiously based» claims as inherently particularistic» is increasingly dismissing «traditional theists» as too absolutist to join in public debate in a pluralistic society.
Birks, 39, took his case to the High Court, claiming that the decision was unfair.
While the case was decided 5 — 4, the opinions that accompanied the court's decision also signal that seven of the nine justices agree that businesses can make religious liberty claims in court — an important ruling, said Joshua Hawley, senior counsel for The Becket Fund for Religious Liberty.
The Court's decision claims to be relatively narrow, and in this context I believe, given the applicable law (i.e. RFRA and the ACA), it was correct.
Thomas Jefferson condemned the decision precisely because he viewed it as claiming a power of the courts to impose constitutional interpretations on the other branches.
The Australian Competition and Consumer Commission (ACCC) said it will not appeal the Federal Court decision which dismissed its claim that Woolworths had engaged in unconscionable conduct through its «Mind the Gap» scheme.
While we are pleased that the District Court found us likely to succeed on several of our claims, we are nevertheless disappointed by the court's ultimate decision to deny our Motion for Preliminary Injunction to block the implementation of the Vermont GMO labelinCourt found us likely to succeed on several of our claims, we are nevertheless disappointed by the court's ultimate decision to deny our Motion for Preliminary Injunction to block the implementation of the Vermont GMO labelincourt's ultimate decision to deny our Motion for Preliminary Injunction to block the implementation of the Vermont GMO labeling law
The ACCC has appealed the Federal Court's decision in December last year in which it dismissed the ACCC's claims that PZ Cussons had engaged in cartel conduct in relation to laundry detergents.
He also calls on the egg industry to review free range claims following a recent Federal Court decision.
The decision, made Wednesday by the 2nd District Appellate Court in Elgin, settles a 1995 suit filed by the park board, in which it laid claim to 90 percent of the lake bed.
The Deputy Attorney General in an interview with the media claimed the decision of the Regional Court is not applicable in the country.
According to the Ivorian Born Burkinabe international, the maverick politician's claim that he Toure has infested Afia Schwarzenegger with HIV is untrue and a blatant attempt to destroy his image hence his decision to table the matter before court.
The ruling upholds a March 2017 State Supreme Court decision dismissing City Hall's claim that communications with BerlinRosen are confidential.
Sources claim the absence of a single, clear decision - maker could boost the chances of others, including Erie County Elections Commissioner Ralph Mohr, State Supreme Court Justice Richard C. Kloch Sr., Assistant U.S. Attorneys Joseph M. Guerra III and Brian J. Counihan and former prosecutor Michael L. McCabe.
At the time, Morabito said the decision would allow him to pursue his claim in federal court, which he is now doing.
PEF is claiming victory after the state Appellate Division upheld a lower court decision that commanded the Governor's Office of Employee Relations to accept the reclassification of roughly 250 management - confidential employees in various state agencies as members of the union's Professional, Scientific and Technical Services bargaining unit.
The Court of Appeals, in a 5 - 0 decision, rejected claims that the regulations were arbitrary and capricious, and amounted to a retroactive punishment.
In arriving at the decision, Justice Saidu relied on the recent Court of Appeal decision in the case of LASWA & Ors vs. NIWA & Ors, adding that the Plaintiffs failed to establish the identity of the land claimed.
In January 2012, in a speech in Strasburg, Prime Minister David Cameron set out an agenda for reforming the ECtHR which would reduce the number of admissible cases, and thus the backlog, by ensuring that the Court did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not neeCourt did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not neecourt or Court of Fourth Instance and did not go over national decisions where it did not neeCourt of Fourth Instance and did not go over national decisions where it did not need to.
But the upstate casinos run by Native American tribes already claim that the court's decision gives them the legal authority to take wagers on sports.
As it stands, it is clear that the court below premised its decision on this issue on a wrong appreciation of the claim of the appellants before the trial Federal High Ccourt below premised its decision on this issue on a wrong appreciation of the claim of the appellants before the trial Federal High CourtCourt.
The Missouri Supreme Court «agreed with the trial court's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law.&rCourt «agreed with the trial court's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law.&rcourt's decision to dismiss several counts (including partisan gerrymandering claims), but remanded for a determination of whether the congressional districts (particularly districts 3 and 5) were sufficiently compact under state constitutional law.»
On February 3, 2012, the trial court again rejected the plaintiff's compactness claims, and the Missouri Supreme Court affirmed that decision on May 25, court again rejected the plaintiff's compactness claims, and the Missouri Supreme Court affirmed that decision on May 25, Court affirmed that decision on May 25, 2012.
Mr Woyome who claims his human rights has been abused and was occasioned by the Review Decision of the Supreme Court of Ghana has sent this aspect of the case to the African Court on Human and Peoples» Right in Arusha Tanzania by invoking article 40 read together with article 75 of the 1992 constitution of The Republic of Ghana under case number Ref: AfCHPR / Reg.
In a judgment dismissing the claim, Justice Rilwan Aikawa held that following the decision of the Supreme Court in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate allegations of corrupt practices made against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its duCourt in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate allegations of corrupt practices made against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its ducourt has the discretion to stop a statutory agency of government from performing its duties.
Queen City Landing claimed a court victory last May, when the Appellate Division of the Fourth Judicial Department upheld a prior court decision in favor of the developer and the City of Buffalo.
The legal claim launched last August by Malone Real Estate LLC in Essex County Supreme Court contends permitting decisions were made in violation of Saranac Lake's land - use zoning procedure.
A state Supreme Court judge has tossed claims brought against Vineyard 48 by the New York State Liquor Authority, which was seeking to a reverse a decision that allows the Cutchogue winery to remain open as its legal matters are sorted out.
In a statement, Garner's mother, Gwen Carr, said, «De Blasio should be ashamed of himself» for appealing a court decision requiring him to release a summary of substantiated claims against Pantaleo.
Barker sued, claiming that the Supreme Court's decision in Town of Greece v. Galloway, which had ruled permitting ministers to pray before legislative gatherings, requires his inclusion as a guest chaplain.
But last month, Terence Gilheany, an attorney for the thrift institution, the Manhattan Savings Bank, which has been assigned the rents by the financially pressed landlord, argued before Judge Adolph C. Orlando of the Court of Claims, a Bronx Republican, that Andrew Cuomo «talked to people at O.G.S. who reversed the decision» to rent the building's eighth floor.
«We are very confident that [the courts] will reverse this decision and uphold the patent claims,» he added.
Judge Susan Illston wrote in her opinion that she invalidated the patent, held by the San Diego, California - based company Sequenom, based on several recent rulings, including the Supreme Court's decision denying patent claims on BRCA genes used in cancer risk testing.
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