Advising the British Horseracing Authority in its successful
appeal against a decision by the High Court that it abused its dominant position in the supply of UK pre-race data to bookmakers.
Not exact matches
An Indian generic drug company on Monday urged a federal
appeals court to reconsider a recent
decision that revived a patent infringement case
against Google LLC, saying the ruling could spur «vexatious lawsuits»
by makers of brand - name pharmaceutical products.
The International Olympic Committee (IOC) announced on Thursday that it will
appeal to the Swiss Federal Tribunal
against the
decision by the Court of Arbitration for Sport (CAS) to lift doping bans on 28 Russians.
For my good friends at the Georgia Family Council, I wrote a post on a recent
decision by the 11th Circuit Court of
Appeals in Jennifer Keeton's suit
against faculty and administrators in the graduate counseling program at Augusta State University.
This became painfully clear in 1996 when the Supreme Court refused to hear an
appeal of the Alaska Supreme Court's Swanner
decision, which held that the state's interest in preventing discrimination
against unmarried heterosexual couples is sufficiently great that it trumps the objections of landlords who believe they are forbidden
by God to permit «fornication» on their property.
The Supreme Court's denial of certiorari lets stand an August 2010
decision by the Ninth Circuit Court of
Appeals in favor of World Vision and
against three employees who were fired after the organization concluded that they did not believe that Jesus Christ is fully God.
The Full Federal Court (comprising Justice Besanko, Justice Perram and Justice Robertson) handed down its judgment on the
appeals by ACCC and Crownbet
against the
decision of the Australian Competition Tribunal in relation to the Tatts / Tabcorp merger authorisation.
The
Appeal against the Full Federal Court
decision Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 was heard
by the full bench of the High Court yesterday.
A statement from CAS read: «The
appeal filed on 12 December 2016
by Club Atletico Velez Sarsfield
against the
decision issued on 24 August 2016
by the single judge of the sub-committee of the FIFA players» status committee (the challenged
decision) is dismissed and, accordingly, the challenged
decision is confirmed.»
«The plan is for him to be with us at the Club World Cup, and we'll see if he can play the first game,» he said, adding that the club would
appeal against the
decision taken
by UEFA to give defender Dani Carvajal a game's suspension for deliberately time wasting in order to force a yellow card away to APOEL Nicosia with the aim of going into the knockout stage of the Champions League free of cards.
The Application states, in relevant part, the following: [Intentionally omitted] is sending this
Appeal to the AI
Appeals Board
against the World Bank
decision dated 25 November 2015 to provide patently insufficient information on the spending of recovered stolen funds
by the late General Sani Abacha.»
If the government is successful, it could prevent people from relying on the Human Rights Act to
appeal against benefits
decisions at the first tier tribunal, a route commonly used
by many families to change
decisions.
Tony said that he was «devastated»
by the court's
decision, but he vowed to continue the fight and
appeal against the
decision.
According to the Court of
Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and
Appeal, Metuh and his company failed to first obtain the leave of either the trial court or the appellate court before filing a notice of
appeal as required by the constitution when filing an appeal against an interlocutory decision, on the grounds of mixed law and
appeal as required
by the constitution when filing an
appeal against an interlocutory decision, on the grounds of mixed law and
appeal against an interlocutory
decision, on the grounds of mixed law and facts.
His statement said, «It is important to note that Justices Ngwuta and Okoro have alleged that they are the targets of a witch hunt because they refused offers of inducement and bribes made to them
by the Minister of Transport, Rotimi Amaechi; and the Minister of Science and Technology, Ogbonnaya Onu, to subvert justice in
appeals against the
decisions of lower courts in election petitions in Abia, Akwa Ibom, Ekiti and Rivers states.
Aminu Sule Lamido, the 34 year old son of former Jigawa State governor, Alhaji Sule Lamido, had his
appeal struck out on Monday
by an appellate court sitting in Kaduna
against the
decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought
against him
by the Economic and Financial Crimes Commission, EFCC.
«Further, to end a culture of corruption and impunity of perpetrators, we urge the Attorney General of the Federation and the Minister of Justice Mr Abubakar Malami, SAN to urgently take over the prosecution of the corruption case
against Mr Saraki
by ensuring that the CCT
decision is urgently
appealed and that the case is diligently prosecuted within the limits of the rule of law.
New York Attorney General Eric Schneiderman's office had raised the issue during the ongoing relicensing process and
appealed the initial
decision, saying there needed to be a new analysis of the impacts caused
by potential severe accidents at the Buchanan nuclear facility and potential upgrades to protect the public
against such accidents.
A 4 - 4 tie would mean litigation
against the polluters could go forward, because that would leave in effect the earlier
decision by the
appeals court.
The dispute involved an
appeal to the U.S. District Court
by Asterias Biotherapeutics, Inc., (as assignee of Geron Corporation), which sought to overturn both
decisions by the U.S. Patent and Trademark Office (USPTO)
against Geron in its patent interferences.
While he was unsuccessful, Kohn's motion in no way impacted the
decision or proceedings
against Apple for its part in this issue; Apple is
appealing its own ruling, handed down
by Cote earlier this year in which she found sufficient evidence of price fixing on the part of the company.
In all other RA - Cert services,
appeals by a client
against a suspension or cancellation / termination shall not change the
decision and steps to suspend or cancel the certification while the dispute resolution is in process.
Their lawsuit contends that the new
decision to look at trophy hunting on case -
by - case basis should be thrown out because it goes
against a recent federal
appeals court ruling requiring a public comment period on new rules.
The commission makes 100 recommendations featuring six overarching ones: the National Advice and Legal Support Fund mentioned before; prioritising public legal education in schools, alongside financial literacy, and in «education for life»; calling on government to clampdown down «preventable demand»
by getting
decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld
appeals (on average 35 % of
appeals against welfare benefits
decisions are upheld); an overhaul of the courts to make them better suited for the needs of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal support plans.
After an Odyssey of nearly 10 years, the legal proceedings of Switzerland
against German restrictions on flights to and from Zurich airport have come to an end: The CJEU, in its judgement delivered on 7 March 2013 (Case C ‑ 547 / 10 P), has rejected Switzerland's
appeal against the judgment of the General Court of 9 September 2010 (Case T ‑ 319 / 05),
by which the General Court had rejected Switzerland «s action for annulment
against Commission
Decision 2004 / 12 / EC of 5 December 2003 (OJ 2004 L 4, p. 13), thus allowing Germany to continue to apply unilateral restrictions on flights to and from Zurich airport over German territory.
The problem is easily illustrated
by SW v RC [2008] EWHC 73 (Fam), where Mr Justice Singer contrasted the meanings of 14 days from «the determination
against which the
appeal» (in FPR 1991 r 4.22 (3): Children Act 1989 (ChA 1989), Sch 1 proceedings) as
against from «the date of the order or
decision appealed against» in r 8.1 (4)(ancillary relief proceedings); and what for this purpose, he asked, «constitutes a «determination», and an «order or
decision»?»
When the Commission issues a
decision against a given party, such party has at its disposal the complete system of judicial review provided
by EU law, which includes the action for annulment at the General Court and the
appeal to the CJEU.
The United States Supreme Court declined to hear an
appeal of a North Carolina Supreme Court
decision that struck down a mandatory arbitration provision signed
by a patient, who later alleged medical malpractice
against his physician.
The Court of
Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double be
Appeal recently dismissed an
appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double be
appeal by a Christian bed and breakfast owner, upholding the
decision that she unlawfully discriminated
against a gay couple
by refusing to provide them with a double bedroom.
This was an
appeal by the Catholic adoption services agency
against the First Tribunal's confirmation of the
decision by the Charity Commission that it was not permitted to amend its constitution so as to permit it to continue its previous practice to refuse to offer its adoption services to same sex couples.
On the same day, the High Court ruled that Christian prayers held before a council meeting were unlawful, and the Court of
Appeal upheld the
decision of the High Court that two Christian hotel owners had discriminated
against gay clients
by not offering them a double room.
This
decision follows the husband's
appeal against an order made
by Bodey J, in the High Court, family division.
The Federal Court of
Appeal struck down U.S. Steel's efforts to overturn Canadian investment law — the second such court
decision to go
against the company — after almost two years of procedural and legal challenges
by the Pittsburgh - based company.
It is being reported in the news that yesterday, the Quebec Court of
Appeal overturned a
decision rendered
by the Superior Court of Quebec refusing to authorize a class action filed
by three residents of a suburb of Quebec City
against the Quebec Minister of Transport due to the alleged noise pollution caused
by the nearby A-73 highway (see a French article in La Presse).
the
decision by the HCA was partially reversed and then restored upon
appeal,
against which Allianz
appealed to the Hungarian Supreme Court.
The absence of a clear mechanism for a user to
appeal against a
decision made
by an ISP means that online content is increasingly being regulated and censored
by private companies.
This is the proposal that
decisions relating to a healthcare professional's health, made
by the OHPA or the relevant committees of the other healthcare regulators, should be subject to the Council for Healthcare Regulatory Excellence's power to refer to the High Court under s 29 of the NHS Reform and Healthcare Professions Act 2002 (pending the GMC receiving powers to bring its own
appeals against decisions of the OHPA).
The Court decided that (a) the process of surcharging
by administrative bodies engaged the criminal part of Article 6 and (b) the Austrian courts hearing
appeals against the surcharges did not have the jurisdiction to carry out a «full review» of the
decision to surcharge; only that way could one turn the combination of administrative
decision and court
decision into a
decision by a «tribunal» complying with Article 6.
Won dismissal of fraudulent conveyance litigation
against a major financial institution in an influential
decision affirmed
by the U.S. Court of
Appeals for the Third Circuit
The Claimant contended (and it was accepted
by the EAT) that an employee must be offered the opportunity to
appeal against any formal
decision made
by his employer and that must not amount to a formality or sham.
The fact that Google - Motorola argues
against the significance of Judge Posner's ruling, implicitly announcing an
appeal and belittling it as a «non-binding district court
decision» (Judge Posner, a circuit judge who usually only hears apeals, was sitting «
by designation» on a district court for that particular case), shows that some people made a mistake (or purposely wanted to mislead)
by portraying the ruling as a defeat only, or mostly, for Apple.
The US government
appealed against Judge Coleman's
decision, but today it was upheld
by the High Court, which gave the US authorities a deadline to assure the court that, if Giese was found guilty, «there will be no attempt to make him the subject of a civil commitment order».
This is no more than an opinion, but it is an opinion with a special status because it must be taken into account when any
decision is taken about compliance with regulatory requirements, eg
by the Care Standards Tribunal on an
appeal against a
decision of the commission.
The NMS must be taken into account
by the registration authorities when making registration and enforcement
decisions, as well as
by the Care Standards Tribunal when hearing
appeals against decisions of the registration authorities.
«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the
decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims
by and
against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims
by and
against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to
decisions of arbitrators in construction and engineering disputes including applications for permission to
appeal and
appeals.»
That assertion needs to be measured
against the actual words used
by the Court in the Westpac leave
decision: ``... we are satisfied that it is not reasonably arguable that the Court of
Appeal's approach to the law, including its view of the effect of the policy of the legislation, was wrong».
The
decision was upheld in a strong Court of
Appeal,
by the Master of the Rolls, Lord Dyson and Lord Justice Kitchin, observing that it was «inescapable» that the High Court should find a breach of Article 3, the prohibition of cruel, inhuman and degrading treatment,
against the police.
As stated
by Justice Robert Sharpe in the Court of
Appeal for Ontario's 2002
decision, Gajraj v. DeBernardo,» [j] urisdiction over claims
against extra-provincial defendants should not be bootstrapped
by such a secondary and contingent claim
against a provincial defendant.»
An
appeal against this
decision is subsequently rejected
by the Supreme Court.
Here is a month - old news story that completely passed me
by: Three Feb. 22
decisions from the 2nd U.S. Circuit Court of
Appeals unanimously rejected claims for damages brought
by U.S. veterans and Vietnamese nationals
against manufacturers of the defoliant Agent Orange, used
by the U.S. military in Vietnam.