Sentences with phrase «judges in this case relied»

One of Orthomom's lawyers, Paul Alan Levy of the Washington, D.C. - based Public Citizen Litigation Group, told the New York Law Journal: «It's clear that the judge in this case relied on the evidence before her.

In dissent, Justice Scalia wrote as follows:»... the idea that the three District Judges in this case relied solely on the credibility of the testifying expert witnesses is fanciful.

Not exact matches

But the decision could be used as a non-binding precedent in future cases, meaning judges in other courts could rely on it or ignore it when similar cases cross their desk.

In case of this coup, if it had been successful, the military would have had to rely heavily on the old guard judges to get their way.

Silver's attorney, Steven Molo, relied on the McDonnell case — which drastically narrowed the definition of corruption — when arguments began before a three - judge panel of the Second Circuit Court of Appeals in Manhattan on Thursday, the New York Times reported.

He is cocky and brilliant, but is forced to rely on an untested partner (Josh Gad) to present his case in court in front of a racist judge (James Cromwell).

In any case, no reputable researcher would rely on a one - year bump in some test scores to judge the efficacy of a new prograIn any case, no reputable researcher would rely on a one - year bump in some test scores to judge the efficacy of a new prograin some test scores to judge the efficacy of a new program.

In pushing this proposal, the judge relied heavily on one defense witness, Dr. Eric Hanushek, a witness whose testimony has been flatly rejected in school funding cases across the countrIn pushing this proposal, the judge relied heavily on one defense witness, Dr. Eric Hanushek, a witness whose testimony has been flatly rejected in school funding cases across the countrin school funding cases across the country.

The Supreme Court of Canada will hear five appeals this week, including three criminal cases involving driving «over 80» and production of evidence; an unjust enrichment claim; and an appeal in a sexual assault case in which the Court of Appeal of Alberta had found that a trial judge had erred by relying on a stereotype about the behaviour of sexual assault victims.

Meanwhile, blockchain technology is being used to provide electronic evidence to shape verdicts: instead of relying on a single judges» interpretation of the law, AI - provided answers to specific questions and clarifications relating to the case can help to disperse uncertainty in judgement.

[19] Without endorsing all of the factors relied on by the trial judge as constituting «sufficient reason» in this case, I am satisfied that there may be circumstances which may constitute sufficient reason for bringing an action in the Supreme Court, thereby triggering its costs provisions, despite the fact that it is apparent from the outset that the award will fall within the monetary jurisdiction of the Provincial Court.

At first, their services were extended primarily to judges, legislators, and attorneys, but in the last part of the 20th century, the public came to rely on public law librarians to locate information to assist them in handling their own cases, without the assistance of counsel.

The trial judge in the case found that the grounds to make the breath demand were insufficient, but he applied Rilling, which held that it is unnecessary for the Crown to prove a lawful demand in order to rely on the evidentiary shortcuts.

In my view, if the blog post is publicly available to anyone with Internet access, and if the blogger has not taken any steps other than publishing the post to draw it to the attention of the judges before whom a case is pending, then those judges are free to consider and rely on that information if they find it to be helpful.

«It's in some cases perfectly appropriate for a judge to rely on things we all know are true, but in this case the judge went too far,» he adds, citing the need for the trial judge to have at least put the issue to Ghaleenovee.

Users will be able to apply these analytics on a granular basis, such as by looking at the cases judges rely on when they rule for a particular party or in a particular type of action.

The judge in this case, Justice Matheson, even relied on Levant's previous online defamation case to help inform her decision in this one.

In concluding that the word «liability» in cl 4.5 did not mean legal liability the judge had relied on the colloquial use of the words «debtor» and «creditor» by Lord Nicholls in para 31 of that casIn concluding that the word «liability» in cl 4.5 did not mean legal liability the judge had relied on the colloquial use of the words «debtor» and «creditor» by Lord Nicholls in para 31 of that casin cl 4.5 did not mean legal liability the judge had relied on the colloquial use of the words «debtor» and «creditor» by Lord Nicholls in para 31 of that casin para 31 of that case.

In determining that the BLM pin was inappropriate, the Ohio court relied upon a First Circuit Court of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislation.

«Stephen is a leader in the field of Freezing Injunctions... In order to understand what is required for a Without Notice Freezing Injunction, Stephen's experience is unparalleled, to the point where the Judges rely on his previous cases to determine the standards set by previous Courtin the field of Freezing Injunctions... In order to understand what is required for a Without Notice Freezing Injunction, Stephen's experience is unparalleled, to the point where the Judges rely on his previous cases to determine the standards set by previous CourtIn order to understand what is required for a Without Notice Freezing Injunction, Stephen's experience is unparalleled, to the point where the Judges rely on his previous cases to determine the standards set by previous Courts.

Russian system does rely on precedents; however, the Judges also compare cases and may in certain areas on law use previous decisions as guidelines.

However, as far as Mrs Walkden's case for mistake is concerned, the Court of Appeal followed the more recent decision in Judge v Judge [2008] EWCA Civ 1458, [2009] 1 FLR 1287 in which Wilson LJ ruled that mistake no longer falls within the Barder principle as it does not rely on new or supervening events.

In what has to be one of the more unusual cases I have come across, a Superior Court judge has set aside a default judgment after being satisfied that the process server hired by the plaintiff to serve its claim swore «untruthful» affidavits of service which were subsequently relied on by the plaintiff to obtain default judgment.

Litigants will have to hire their own court stenographers and in some cases judges are being told they may have to take notes on their own cases rather than rely on a printed record.

As stated in other cases, a special costs award goes beyond indemnity and enters the realm of punishment: 380876 British Columbia Ltd. v. Ron Perrick Law Corp., 2009 BCSC 1209 at para. 14, relying on Fullerton v. Matsqui (District)(1992), 74 B.C.L.R. (2d) 305 (C.A.) where evidence presented by one party was calculated to mislead the judge and jury.

More and more judges are relying on the work of outside and impartial experts to award attorney fees in large, complex cases.

In 2013, Judge Cote entered a series of rulings that set the standard for litigating RMBS cases involving tens of thousands of securitized loans, ruling among other things that plaintiffs could rely on statistical sampling, that the parties had to engage in early efforts to identify the best representation of loan files and guidelines for the loans, and requiring early disclosure of reunderwriting resultIn 2013, Judge Cote entered a series of rulings that set the standard for litigating RMBS cases involving tens of thousands of securitized loans, ruling among other things that plaintiffs could rely on statistical sampling, that the parties had to engage in early efforts to identify the best representation of loan files and guidelines for the loans, and requiring early disclosure of reunderwriting resultin early efforts to identify the best representation of loan files and guidelines for the loans, and requiring early disclosure of reunderwriting results.

You can rely on our thorough knowledge of state and federal laws as well as our day - in and - day - out experience in dealing with the offices, personnel, and judges who will decide your case.

The reasons for judgment in this case leave no doubt that the trial judge knew this record, appreciated the contentious factual issues, and understood the positions of the parties and the evidence they relied on.»

But there was a time not so long ago that francophone counsel would argue their cases in the SCC in English because they did not want to rely on the official interpretation to make their points to the judges.

In this case the district judge ordered the defence to serve details of defence witnesses, purporting to rely on powers within the Criminal Procedure Rules 2005.

In denying the motion, the court relied on cases in which courts have declined to dismiss appeals following briefing and argument, particularly where the judges suspect a party settled to avoid adverse precedenIn denying the motion, the court relied on cases in which courts have declined to dismiss appeals following briefing and argument, particularly where the judges suspect a party settled to avoid adverse precedenin which courts have declined to dismiss appeals following briefing and argument, particularly where the judges suspect a party settled to avoid adverse precedent.

Although Rabinowitz relies on several libel cases in which the amount of the compensatory damages awarded was lower than that awarded here, other libel cases reveal compensatory damages awards in amounts higher than those awarded by this trial judge.

Judges, lawyers, law librarians, law students, and others rely on Quicklaw every day to identify case law to support legal positions, to understand the law in particular provinces or territories, to collect background information for factual discovery, and to keep abreast of emerging legal issues in particular areas of law.

The cases the judge relied upon to decline to dismiss the pleadings motion did not support a conclusion that there was a category of cases in which a duty of care had previously been recognized.

This case was relied upon by the motion judge and has been referenced in the past as supporting the notion that the employer's financial circumstances should be taken into account.

The appellants contend that it was an error in principle for the motion judge to rely on a case that neither party cited.

Until these bridges can be built, it is inappropriate for judges to rely heavily on the recommendations of guardians ad litem or evaluators in cases that raise issues outside their realm of expertise.

This seems to be a case wherein a Judge relied upon other Judges» decisions in previous cases that somewhat mirrored the subject case details to explain away his decision, instead of sticking his neck out and incorporating good old common sense (from where good old English Common Law evolved from in the first place) to place the majority of blame where it 100 % rightly belongs, on the heads of the parties who created the problem in the first place... the sellers.

And for this statement you made earlier «This seems to be a case wherein a Judge relied upon other Judges» decisions in previous cases that somewhat mirrored the subject case details to explain away his decision»