Sentences with phrase «ptab factual findings»

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an «Award»).

Because the article is written to project these outrageous lies as factual I find the entire article to be offensive.

He calls it «the philosophy of Scientific Positivism» (M & M) and says that it stands for «the government of life by the principles and factual findings of the human mind.»

«If DFS's factual findings are correct, Bonomo violated the express provisions of his non-prosecution agreement with the government by concealing his past crimes against PRI and, in all likelihood, continuing to commit serious crimes even after he signed that agreement,» the Skeloses» attorneys wrote in their memorandum.

Most recently in 2011, CTA's AB 1172 would have had a chartering authority deny a charter petition if it makes a «written factual finding that the charter school would have a negative fiscal impact on the school district.»

The decision on an appeal from an agency's final action is based on a de novo review (question of law), except that the review of the factual findings in a decision by an AJ is based on a substantial evidence standard of review (29 CFR 1614.405 a).

While agencies (EPA) have fairly broad discretion in making specific factual determinations, the factual findings can (and usually will) be remanded for further proceedings if the agency failed to follow its own guidelines and procedures to ascertain basic facts.

Such a high level of deference would greatly hinder your ability to prevail when appealing a trial judge's factual findings.

For example, appellate courts generally affirm factual findings, unless the lower court abused its discretion.

The appeals court deferred to the district court's factual finding that the discs provided by Microsoft with a Windows license and those and those intended to be distributed by Lundgren and his business partner, Robert Wolff, without a license were «substantially equivalent»

Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider factual findings of the arbitral panel.»

The Court explained that the clear error standard demands even greater deference to a district court's factual findings when those findings are based on determinations regarding the credibility of witnesses.

I see no basis to interfere with that factual finding.

As such, the record supported the judge's factual findings and the judge did not abuse his discretion.

The court remanded the case, finding that factual findings were needed on whether Griffin was given the opportunity to disclose that he was carrying the knife, and, if so, whether he did so truthfully.

Here it appears that the Court attaches weight to the factual finding that the right to residence of mother and daughter Alimanovic was solely based on their status as «workseeker» on the basis of Article 14 (4) of the Citizenship Directive.

Although it can review the transcripts of evidence, the appeal court generally does not make its own independent factual findings.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

There is no arguable case that the factual findings on the tax implications of a 1P1F policy were perverse or capricious.

The appeal court hearing a trial de novo will make its own factual findings, and then interpret the law and apply it to those facts.

«We accept the court's factual findings unless clearly erroneous but review de novo the court's conclusions of law and interpretation of the Arizona Child Support Guidelines.»

The appeal court can examine the transcript of the witnesses» evidence and the submissions made in the Provincial Court, but does not usually hear evidence itself and is largely bound by the trial judge's factual findings.

Breyer noted that although Markman gives the district judge sole responsibility to construe a patent claim, it recognizes that claim construction will require subsidiary factual findings.

Instead, the appeal court defers to the trial judge's factual findings, on the baiss that the trial judge had the best opportunity to assess the credibility of various witnesses and the weight to be given to each piece of evidence.

Each of the factual findings alleged to be erroneous: (1) involves the application of complex econometric models; (2) involves reliance on data not derived from the carriers» actual experience; and (3) requires extrapolation from data regarding the general population to data regarding persons with such severe disabilities that they require additional seating.

Because the appeal court has its own opportunity to hear and consider the evidence in a trial de novo, it is not bound by the trial judge's factual findings.

The Recommendations section of the Report attempts to engage courts, bar associations and others to take action to address the dire factual findings.

If the district court decision relies on factual underpinnings, however, such as evidence concerning the «background science or the meaning of a term in the relevant art during the relevant time period -LSB-,]» it should make specific factual findings and those findings are subject to review for clear error:

Only because of this tactical decision was the Agency compelled to embark upon an assessment of voluminous opinion and lay evidence in order to make factual findings.

Although the case turned mainly on the correct legal principles to apply the judge made three important factual findings as follows:

The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.

Basically if you do not agree with the factual finding of a judge, i.e. what you did or did not do wrong, the BC Court of Appeal will not interfere with the trial judge and will uphold his or her judgement unless he / she clearly got the facts wrong — and to a degree that the entire judgment would fall because of that error.

2012), the South Carolina Court of Appeals reversed and remanded the family court's custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances.

The Court essentially ruled that such a threat was conceivable, but that the case had to be «returned to BPH because it did not explicitly articulate» the facts on which it based this factual finding.

This passage and the factual findings issue on which it was based need further examination on another day.

In very many cases the factual findings made would be decisive.

But, as you know, oftentimes a failure to secure a conviction does not result only from credibility or factual findings.

The contribution to the risk of the claimant contracting mesothelioma was found to be material in the light of the judge's factual findings.

In that case, that factual finding did prove to be particularly useful in clearing the accused's name in the broader court of public opinion).

Although the decision does not directly address AIA trials, the procedural differences between inter partes review proceedings and federal court litigation may impact the preclusive effect of PTAB factual findings.

It further found that there was no basis to interfere with this conclusion as it was based on factual findings.

The Court of Appeal held that the trial judge's factual findings in support of this conclusion were amply supported on the record, and dismissed Livent's cross-appeal.

Based on that testimony, the judge makes factual findings.

So long as the administrative board reached its factual conclusions in a manner that was not obviously biased or unreasonable, then their factual findings will be respected by the reviewing judge.

The only factual finding made by the family court is that «these sales were made in contemplation of marital litigation.»

The narrowest reading of Blakely suggests that judges may make all sorts of findings and judgments at sentencing except juries must make findings of historical fact relating to offense conduct when those factual findings formally increase the upper limit of legally available sentences.

In respect to both of these factual findings by the immigration officer, a triumvirate of restrictive adjectives had forced his hand to unreasonableness.

«My overall reaction is the appeal decision speaks at length to the importance or the significance of a really large and strong set of factual findings from the trial judge, and that those are carefully reviewed and affirmed on this appeal decision,» says Michael Statham, managing partner at WeirFoulds LLP and counsel for Trillium.

This required us to consider the factual findings we wanted this judge to make.

With respect to (2), the appellant's arguments related exclusively to factual findings.