Sentences with phrase «appeal against dismissal»

Buglife's appeal against that dismissal was heard by the Court of Appeal on 18 November 2008.

In dismissing the appeal against dismissal of an application for judicial review of the Bar Council's decision, the Court examined the relevant ECHR case law, which emphasised adequacy of representation over freedom of choice as to the identity of counsel.

He then moves on to Goodman, saying his appeal against dismissal was bizarre, given what he'd done.

Not exact matches

The 2nd U.S. Circuit Court of Appeals in Manhattan reversed a lower court judge's dismissal of investors» antitrust claims against 16 banks, including Deutsche Bank AG, UBS AG, Bank of America (bac) and J.P. Morgan because she found no showing of anticompetitive harm.

The Disciplinary Committee, which handles coach / staff appeals, rejected an appeal of the dismissal issued to New York City FC head coach Patrick Vieira on Aug. 13 after a match against Columbus Crew SC.

Onondaga County Executive Joanie Mahoney is urging Mayor Stephanie Miner not to appeal a judge's dismissal of the city's lawsuit against COR Development Co. over tax breaks for the company's $ 342 million Syracuse Inner Harbor project.

The case is back in the news this week because on Tuesday, a California appeals court affirmed the lower court's dismissal of the case against Cohen and the show's distributor, the U.K.'s Channel Four Television.

In Turner v. Andrews, the Court of Appeal upheld the dismissal of an application for prospective costs brought by approximately 189 members out of some 14,000 to 15,000 employees against the trustees of their pension plan.

He successfully argued an appeal at the 10th Circuit that affirmed the dismissal by the U.S. Court of the Northern District of Oklahoma of a putative class action against Goodman Manufacturing alleging that Goodman breached its warranty on 800,000 air conditioning units due to an unmanifested defect.

The first question on appeal asked: Where there is no discovery violation or other misconduct, does the Rule 219 (e) prohibition against using the voluntary dismissal to avoid compliance with discovery rules, deadlines or orders, apply when the witness disclosure was untimely?

Adv. Rep. 6 (Arizona Court of Appeal): P1 The State appeals the dismissal of an aggravated assault charge against David Rodney Schaffer («Defendant»).

Dan has also developed a diverse practice in all areas of employment litigation, including wrongful dismissal actions, unlawful competition by departed employees, occupational health and safety, human rights, judicial reviews, appeals as well as seeking injunctive relief against unlawful picketing activity.

The Tribunal upheld her complaint of unfair dismissal on the basis that the employer had not given fair consideration to the question of whether Dr Drzymala could have been offered alternative work, and because she had not been given a timely opportunity to appeal against the decision not to renew her contract.

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

They said their dismissal was automatically unfair because there had been a delay of several months in hearing the appeals against the decision to sack them.

The plaintiff launched an appeal of the decision seeking to overturn the dismissal as against the driver and owner.

Obtained affirmance by the Second Circuit Court of Appeals of the District Court's dismissal of quiet title action against homeowners by a successor trustee claiming that conveyance of property by a predecessor co-trustee was void.

; NASD Arbitrators Award $ 2M In Merrill Sex - Discrimination Case; More Reg FD Cases Coming SEC Won't Appeal Dismissal of Reg FD Case Against Siebel; ImClone Insider Trading Cases Settle;

This was an appeal by a serving prisoner, SF, against the dismissal of his application for anonymity and reporting restrictions in judicial review proceedings.

The claimant's appeal to the High Court against the dismissal of his claim against the second defendant was dismissed.

Recently, her lawyer / boyfriend, Howard K. Stern (not Howard Stern the DJ), received a ruling on the prosecution's appeal of the dismissal of charges against him.

Obtaining summary judgment and dismissal of wrongful foreclosure and consumer protection act claims against a residential mortgage lender and argument before the Court of Appeals.

Harris v. St. Vincent Healthcare, 371 Mont. 133, 305 P. 3d 852, 2013 MT 207 — Obtained dismissal of class action claims against hospital, upheld on appeal.

Won dismissal in trial court and successfully defended on appeal, fraud case brought against Fortune 500 company by former owner of company subsidiary.

This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident... Continue reading →

Won an appeal at the Supreme Judicial Court reversing a seven figure handicap discrimination jury verdict and dismissal of the case against our employer - client.

Her many successes include securing a dismissal of an appeal by a citizens» group which tried to prevent the transfer of a nuclear power facility, and the reinstatement of a multi-million dollar arbitration award against the State of Connecticut.

Both the Attorney General of Canada and Justice J. Bryan Shaughnessy filed notice that they intend to fight Julian Fantino's appeal and application to intervene in the judicial review of the Canadian Judicial Council's summary dismissal of a complaint against Justice Shaughnessy.

Served as lead counsel for the defendant and obtained reversal by the Seventh Circuit Court of Appeals of a district court's order certifying a 29 - jurisdiction class action alleging consumer fraud by a Fortune 50 retailer, and subsequently successfully moved for dismissal with prejudice of named plaintiff's claims and obtained a nationwide injunction against future attempts to certify a class based on similar allegations.

On July 4, 2017, the Court of Appeal for Ontario released a decision in Trillium Motor World Ltd. v. General Motors of Canada Limited about an appeal from a dismissal of a class action trial against General Motors of Canada by a group of its terminated franchisees / deAppeal for Ontario released a decision in Trillium Motor World Ltd. v. General Motors of Canada Limited about an appeal from a dismissal of a class action trial against General Motors of Canada by a group of its terminated franchisees / deappeal from a dismissal of a class action trial against General Motors of Canada by a group of its terminated franchisees / dealers.

In 2013, she successfully argued for reversal by the New York State Court of Appeals of an adverse decision by an intermediate appellate court in a lease interpretation matter, thereby obtaining dismissal of the suit in its entirety against her client.

Allen's representative work includes the successful defense of a multi-million dollar insurance coverage and rescission suit by Lloyd's of London; dismissal of a six - figure claim for retroactive premiums against the St. John Community Development Center; summary judgments (affirmed on appeal) against Essex Insurance Company and Liberty Mutual Fire Insurance Company for breach of their respective insurance contracts; trial verdicts against Allstate Fire and Casualty Insurance Company and Liberty Mutual for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes of all types (including residential and commercial property, commercial general liability, auto liability, errors and omissions, negligent procurement, and insurer bad faith).

In Meehan v Good, 2017 ONCA 103, the Court of Appeal allowed the appeal of the plaintiffs of the dismissal of their claims by summary judgment against their former lawyer, Mr. CaAppeal allowed the appeal of the plaintiffs of the dismissal of their claims by summary judgment against their former lawyer, Mr. Caappeal of the plaintiffs of the dismissal of their claims by summary judgment against their former lawyer, Mr. Cardill.

On appeal, the order was set aside as the husband could not be considered an «insurer against all hazards», however the appeal court also considered that the wife's financial predicament could be attributed to «misfortune rather than mismanagement» and invited written submissions as to the «territory between the extremes» of an outright dismissal of the wife's claim and the substantial sum awarded at first instance.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

The Indiana Court of Appeals has reversed the dismissal of a woman's malpractice complaint against her attorney, finding that the trial court's Rule 12 (b)(6) Order was improper.

In Lawrence v International Brotherhood of Electrical Workers (IBEW) Local 773, in a split decision, the Court of Appeal granted a representation order nunc pro tunc to commence a wrongful dismissal action against a Union after the limitation period had expired because the Union and some of its representatives had defended the proceeding to the point that it was ready for trial.

This decision of the Court of Appeal from September 2016, dealt with a motion by General Motors of Canada Ltd. («GM») for security for costs against Trillium Motor World Ltd. («Trillium») before Trillium's appeal of the trial dismissal of its action againAppeal from September 2016, dealt with a motion by General Motors of Canada Ltd. («GM») for security for costs against Trillium Motor World Ltd. («Trillium») before Trillium's appeal of the trial dismissal of its action againappeal of the trial dismissal of its action against GM.

Duncombe appealed against the finding in relation to unfair dismissal and the department appealed the EAT's ruling in relation to wrongful dismissal.

Unfair dismissal compensation was awarded to them against the centre in the normal way, but the appeal concerned three aspects of the awards in relation to the religion discrimination.

On Tuesday, May 1, 2018, Paul, Weiss obtained a significant victory for Pretium Resources Inc. when the United States Court of Appeals for the Second Circuit affirmed dismissal of a securities fraud class action against Pretium.

Ryan Turcotte («Turcotte») and his parents appeal the dismissal of their action against the respondents on two motions for summary judgment.

The court of appeals had no difficulty reversing the lower court's dismissal of the complaint against the listing broker and salesperson, who had repaired the crack in the garage and tiled the family room.

A Florida court has considered whether a brokerage was entitled to collect attorney's fees from a sales representative's appeal of a dismissal of her claims by a hearing officer that the broker discriminated against her because of her incurable Hepatitis C.

These concerns arise through threats of litigation made against the association, and while a court might direct a respondent - plaintiff to exercise the appeal remedy available through the association prior to filing a lawsuit against the association, dismissal of a legal challenge is not a certainty, particularly if the respondent - plaintiff can argue that the association's appeal remedy, though available, would result in a predetermined or sham conclusion.

The Scherbaks appealed the judgment against them, and Krawchuk cross-appealed the dismissal of her claim against the real estate agent.