Sentences with phrase «judicial court upheld»

The losing agents appealed the decision and the State Supreme Judicial Court upheld the Lower Court ruling.

The Massachusetts Supreme Judicial court upheld the $ 63 million judgment against Johnson & Johnson and McNeil Consumer Healthcare awarded to a family whose daughter developed a life - threatening disease after taking the over-the-counter medicine.

Rosario was released from prison three years ago after the state Supreme Judicial Court upheld a ruling ordering a new trial.

The Maine Supreme Judicial Court upheld both canons.

The Supreme Judicial Court upheld the Superior Court's decision that the shareholders owed no fiduciary duty to the corporation or their co-shareholders, as the issue was specifically governed by the articles of organization.

Not exact matches

In 2015, he also wrote the dissenting judgment in R. v. Nur, a 6 - 3 decision in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firearm.

The ruling in the Illinois Appellate Court First Judicial District upheld a lower court's ruling that the park district has the authority to sell a 2.82 - acre parcel in the northwest section of Gordon Park, according to court documCourt First Judicial District upheld a lower court's ruling that the park district has the authority to sell a 2.82 - acre parcel in the northwest section of Gordon Park, according to court documcourt's ruling that the park district has the authority to sell a 2.82 - acre parcel in the northwest section of Gordon Park, according to court documcourt documents.

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.

A panel from the Second Judicial Department of the state Supreme Court's Appellate Division released the opinion Thursday, upholding the challenge brought by state Sen. Dean Skelos (R - Rockville Centre) against Paterson after the governor appointed Ravitch, a long - time government adviser, to the position last month.

Russia bans Jehovah's Witnesses group — MOSCOW, Dec. 9 (UPI)-- The Russian Supreme Court's judicial chamber for civil cases has upheld a ban against a southern Russian branch of the Jehovah's Witnesses... the agency said.

BATON ROUGE — The Louisiana Association of Public Charter Schools (LAPCS) and seven Type 2 charter schools won a major victory in the 19th Judicial Court of East Baton Rouge when Judge Wilson Fields upheld the constitutional rights of Type 2 charter schools to receive Minimum Foundation Program (MFP) funding, along with the constitutionality of the existing -LSB-...]

The Siting Boardâ $ ™ s approval of Cape Windâ $ ™ s electrical interconnection was upheld by the Massachusetts Supreme Judicial Court.

The Federal Court yesterday upheld the ACCC's application for Judicial Review, setting aside the decision of the Australian Competition Tribunal on 22 June 2017 to authorise the proposed merger between Tabcorp at Tatts.

In reaching its decision to uphold the warrant, the majority of the Court apparently relied on the principle that permits recourse, as an aid to interpretation, to subsequent practice in the application of a treaty: if countries had subsequently interpreted «judicial authority» to include a prosecutor, that must be what the treaty means.

The Crown Prosecution Service acting for the Judicial Authority of Hasselt, Belgium, appealed the decision to the Administrative Court however in those proceedings the original decision to stay the extradition was upheld.

Authored amicus curiae brief for Real Estate Bar Association of Massachusetts (REBA) in Supreme Judicial Court case of great economic significance to condominiums, in which the right of associations under the condominium statute to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.

He recently authored an amicus curiae brief to the Massachusetts Supreme Judicial Court in a case of great economic significance to condominiums, in which the right of associations to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.

In 2015, he also wrote the dissenting judgment in R. v. Nur, a 6 - 3 decision in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firearm.

Served as lead counsel for a not - for - profit hospital in a case of first impression in which the Illinois Appellate Court upheld the hospital's right to seek a judicial determination regarding its entitlement to property tax exemptions without first seeking exemptions from the Illinois Department of Revenue

Professor Sunstein cites a few examples of judicial deference over the past century, such as the per curiam decision in Massachussetts Board of Retirement v. Murgia, 427 U.S. 307 (1976), in which the United States Supreme Court upheld a state law setting a mandatory retirement age of 50 for police officers, deferring to the legitimate interest identified in the state's pleadings.

His report and recommendation to North Yorkshire County Council in a village green case on a tricky point of prescription was upheld by the Supreme Court on judicial review: R (Barkas) v North Yorkshire County Council [2015] AC 195.

Permission for the judicial review was not granted and the Administrative Court upheld the SFO's decision to exclude the lawyer.

Despite the Court's view that these factors favoured upholding the original ruling in McNaughton, and despite the important judicial principles of consistency, certainty and predictability, the Court chose to overrule itself.

In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal («ABCA») upheld a judicial review decision which found that the majority of a grievance arbitration panel («Majority Panel») had improperly decided that Suncor's random drug and alcohol testing policy was unenforceable.

A law firm's partnership agreement that penalizes partners who leave the firm by canceling their entitlement to partnership income credits has been upheld by the Supreme Judicial Court of Massachusetts.

SMS Equipment applied for judicial review, but the Court upheld the arbitrator's decision.

That award was upheld by the Divisional Court on judicial review.

denied, 540 U.S. 825 (2003): In reviewing charges stemming from a pro-prosecution judicial campaign, the Florida Supreme Court upheld the pledge or promise clause, the commit clause, and the clause prohibiting false statements or misrepresentations about an opponent (in this case, giving a misleading account of the incumbent's granting bail in a particular case) of the Florida Code of Judicial judicial campaign, the Florida Supreme Court upheld the pledge or promise clause, the commit clause, and the clause prohibiting false statements or misrepresentations about an opponent (in this case, giving a misleading account of the incumbent's granting bail in a particular case) of the Florida Code of Judicial Judicial Conduct.

In re Hodgdon, 189 Vt. 265 (2011): The Vermont Supreme Court upheld a resign to run clause of the Vermont Code of Judicial Conduct.

The court upheld the state's recusal rules, finding that they are narrowly tailored to serve the compelling state interest in judicial impartiality.

On April 29th, the Supreme Court issued a decision in Williams - Yulee v. Florida Bar, upholding the constitutionality of Florida's canon of judicial conduct prohibiting judicial candidates from personally soliciting campaign contributions.

Previously, the Court of Appeal upheld the Court of Queen's Bench's judicial review which had set aside the arbitration award in favour of Unifor and remitted the matter for a new arbitration before a fresh panel (2018 ABCA 75 (CanLII)(Unifor, ABCA 2018) at para 2).

The Divisional Court upheld the Law Society Appeal Panel in holding that the judicial proceedings, in which Groia was not a party, were not binding on Groia in the discipline hearing.

But with respect, I don't think this is a sufficient reason or justification for the courts to abdicate their responsibility for upholding the rule of law in the judicial review of administrative decisions entirely.

In Dunsmuir, the Supreme Court set out to do two things: first, to simplify the standards of judicial review by eliminating the patent unreasonableness standard, and second, to strike a balance between upholding the rule of law — that is, ensuring that administrative decision makers adhere to the law as written by legislatures — and according sufficient deference to the administrative decision maker to allow them to provide substantive «meat» to the legislative bones.

The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions.

If the adjudicator at The Office of the Superintendent of Motor Vehicles (RoadSafetyBC) upholds your Immediate Roadside Prohibition, the only way to further challenge the driving suspension is to appeal the RoadSafetyBC review decision to court by way of judicial review.

Applying the usual government - can - do - whatever - it - wants - regarding - economic - regulations level of judicial scrutiny, both the federal district court and the U.S. Court of Appeals for the Eighth Circuit upheld the licensing sccourt and the U.S. Court of Appeals for the Eighth Circuit upheld the licensing scCourt of Appeals for the Eighth Circuit upheld the licensing scheme.

several constitutional principles other than the rule of law that have been recognized by this Court — most notably democracy and constitutionalism — very strongly favour upholding the validity of legislation that conforms to the express terms of the Constitution (and to the requirements, such as judicial independence, that flow by necessary implication from those terms).

My tendered Amicus brief which was rejected by the Supreme Court was not to seek a vindication for Judge Bamberger, but to uphold the Doctrine of Judicial Immunity.

(This is an unpublished decision but it cites several Kentucky and U.S. Supreme Court decisions which uphold the Doctrine of Judicial Immunity.)

The state supreme court affirmed the fine and upheld the ban as a means of protecting judicial integrity and the public's trust in the fairness of judges.

In a previous article, Losing Momentive: A Roadmap to Higher Cramdown Interest Rates, we explored how the judicial cramdown interest rate cap was not gaining widespread traction as feared by many in response to the 2014 Momentive bench ruling upheld in a 2015 decision by the District Court for the...

The jury verdict in favor of the judge was upheld by the Massachusetts Supreme Judicial Court in Murphy v. Herald, et al., 449 Mass. 42, 865 N.E. 2d 746 (2007).

Of course, one can think that, in a given area, courts are actually less good than legislatures or administrative decision - makers at upholding these values — but then you should oppose judicial review in that area, and not merely argue for more deferential review.

We submit the Supreme Court should clarify the jurisdiction of the JCC and the KBA and uphold the Doctrine of Judicial Immunity.

Judicial Power's account: Despite clear Strasbourg case law upholding legislation that bans assisted suicide, a majority in the Supreme Court were willing in principle to go beyond Strasbourg and to tell Parliament that the law on this contentious issue of public policy was contrary to Convention rights and should be reconsidered.

Courts, while exercising their constitutional functions of judicial review, must be sensitive not only to the need to uphold the rule of law, but also to the necessity of avoiding undue interference with the discharge of administrative functions in respect of the matters delegated to administrative bodies by Parliament and legislatures.

The courts provided for in this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include sharia law, in making judicial decisions.

In January of this year, the Court of Appeal upheld the Federal Court's decision to allow an application for judicial review concluding that the adjudicator unreasonably found that the law permits only dismissals for cause.