Sentences with phrase «appeal of the decision even»

Not exact matches

The federal agency has 90 days to challenge the decision before the Federal Court of Appeal, a move that could drag the case out even further, and delay any refund.

If the earlier prophets had been forced to appeal to individuals for decision, even more was Ezekiel constrained, amid the disintegration of the nation, to arouse individual minds and consciences and to gather a responsible and convinced minority.

30: 19 - 20).3 The preaching of John the Baptist, and, even more, that of Jesus, is an appeal which incites a decision, and this decision can be transcribed into the alternative: either / or.

filed an emergency petition to U.S. Supreme Court to stop the Ninth Circuit Court of Appeal's premature move requiring same - sex «marriage» licenses in California, weeks before the Supreme Court's decision even goes into effect.

Feerick has until Oct. 18 to rule, but even a decision in favor of the players is not likely to trigger a quick resolution of the lockout because the owners are certain to appeal in court.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»OF EXEMPTION has been established in that regard».

He even hit the Cuomo for not honoring Gov. Eliot Spitzer's plan to reimburse the city billions in education dollars the State Court of Appeals determined Albany owed in the Campaign for Fiscal Equity decision, and for favoring the proliferation of charter schools.

As the world is becoming more international in its relations, that is an increasingly less realistic goal, even though it can not be denied that the idea carries a lot of appeal to modern humans as their behavior and decision - making has evolved in tribal contexts over most of their biological existence.

Even if the Court of Appeals agrees to hear the tenants» case, a final decision could still be a year and a half away, Stringer said Thursday.

Cor said the last parcel has been withheld based on the city's lingering appeal of a minor decision from the previous lawsuit, even though the overall case has been dismissed.

The state's highest court, the Court of Appeals, apparently recognized this even as it approved DeGrasse's ruling, stating, «Decisions about spending priorities are indeed the Legislature's province, but we have a duty to determine whether the State is providing students with the opportunity for a sound basic education.

In 26 states (including 10 of the 12 states above), the initial decision by a local school board to deny a charter school application may be appealed to the state board of education or another institution, thus curbing school districts» control over the approval of charters even where school districts are given a role.

Even though the Chancery Court's ruling — regardless of outcome — would likely be appealed to the Mississippi Supreme Court, Callen said it would be «a disaster» if decisions about school funding were given.

This is even more evident in a decision out of New Jersey last month where the appeals court held that if an individual outside the car is texting the driver and knows the driver will read the text immediately, the sender has taken a foreseeable risk and «knowingly engaged in distracting conduct» and could be held liable.

In the Ontario Court of Appeal's decision in Yaiguaje v. Chevron Corp., Justice James McPherson wrote: «Even before the Ecuadorian judgment was released, Chevron, speaking through a spokesman, stated that Chevron intended to contest the judgment if Chevron lost.

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

A recent decision of the Employment Appeal Tribunal («EAT») has confirmed that an employer can «refuse» to provide an employee with a rest break even where there is no request from the employee (Grange v Abellio London Limited UKEAT / 0130/16 / DA).

Even more pleasing is the fact that Lord Hope, at paragraph [76] of his speech, referred to my article in which I had criticised the Court of Appeal's decision in this case!

It is, in fact, impossible to find the reasons for judgment of the Court of Appeal, using this style of cause, on either the Court's own website (even when you know the date of the decision) or through CanLII — or, for that matter QL or WestLaw.

There is no national importance, the appeal decision turned on a finding of fact to a large extent, and to have an appeal pending for the next year or so would mess up Toronto politics even worse than having Ford in office does (hard though that is to believe at times.)

This Court of Appeal decision serves as a useful reminder that while in some cases the overriding objective and the obligation for a case to be dealt with proportionately will necessitate a speedy and efficient conclusion, in other cases, such as where a party's liberty is at stake, it is imperative that time is taken by the court to ensure that the procedural requirements are complied with, even if that means two separate hearings.

Nicola Walker, partner at Irwin Mitchell Private Wealth, who acted for Mrs Hart, said: «The decision of the Court of Appeal leaves the law in a state of flux; it allows a trial judge to find that even where it is not properly evidenced, the financial contribution of one spouse outweighs the family and domestic contribution of the other.

In Alberta, for example, a project undertaken in partnership with the law foundation and the Alberta courts has resulted in the availability of Queen's Bench decisions dating to 1971 and Appeal decisions to 1982 (as of today — but check again next week when the Appeal collection is further expanded to an even earlier date).

The Arizona Court of Appeals in this decision went so far as to say that the trial court was no longer required to even consider any of the other statutory factors normally required to be considered by the court once the Court made a finding of the existence of domestic violence or a significant history of domestic violence.

[45] As an intermediate court of appeal, we are ordinarily bound to follow our past decisions, even decisions with which we disagree.

It even tried to reverse an Ontario Court of Appeal decision.

I did discover one bit of sloppy proofreading — on pages 350 and 445, an English case, British Amusement Catering Trades Association v. Westminster City Council [1987] 1 W.L.R. 977 is referred to as a decision of the House of Lords -LRB-[1989] AC 147), rather than the Court of Appeal, even though the judgment referred to is of Balcombe, LJ — and the plaintiff's name is misspelled as British Assessment Catering Trades Association.

In SoS BEIS v Parry and The Trustees of the Williams Jones's School Foundation, the Court of Appeal (overturning the EAT's decision) confirmed that even if a claim form has no particulars attached, in some circumstances a Respondent can still respond to the claim...

«The appeal panel's decision creates an impossible standard for all trial counsel; even if a lawyer is winning a trial for his or her client, has not been criticized by the trial judge (and even if their opponent's conduct has been so criticized), the LSUC decision now requires trial counsel to challenge or ignore rulings of the trial judge and to disagree with how the trial judge is conducting the trial, or face the prospect of a ruinous prosecution like this one (the «control of the courtroom grounds»).

It is true that the first immigration judge in his judgment mentioned joint purchase of Maya the cat as one of the many indications that the illegal immigrant had an established relationship with his partner — but it was not the reason for that judge's decision and in the judgment on appeal the cat was not even mentioned.

«The decision of Justice Frankel is a great example of the Court of Appeal taking the opportunity to clarify the law even if the appeal itself is relatively straightforward and can be dispensed with on the law as it sAppeal taking the opportunity to clarify the law even if the appeal itself is relatively straightforward and can be dispensed with on the law as it sappeal itself is relatively straightforward and can be dispensed with on the law as it stands.

Although this decision was based on the wording of the ATA bylaws, it does send a clear message to administrative bodies that an administrative appeal tribunal should not be constituted of an even number of panel members.

This decision of the Court of Appeal confirms that employers should beware when drafting contracts as on numerous occasions, the ET has looked behind the contract to ascertain exactly what the person carrying out the work is actually doing and if in reality the requirement is for personal service, if the company exerts control over the person, if the person receives pay slips even though they submit invoices and have signed an agreement which imposes restrictive covenants, then even ifthe person carrying out the work has agreed to label of «self - employed», submits VAT returns, is taxed as self - employed and claims tax advantages it is likely that the ET will find that the person is a worker and will be entitled to holiday pay and various other advantages not enjoyed by the self employed.

Such fact could have been known and thus taken into account by the Board of Appeal when reaching its decision, thus it did not need to be invoked or supported by evidence by any of the parties even in the administrative phase.

With an even number of justices on the court, they could deliver a split decision, in which case the previous decision of the 5th Circuit Court of Appeals would stand, and House Bill 2 would be fully implemented.

Limitation periods are interrupted in cases of (i) notification or summon, even if by public notice, (ii) any unequivocal act of investigation, (iii) decision of conviction subject to appeal, and / or (iv) any unequivocal statement for settlement purposes inside the federal public administration.

85 The Crown submits that recent decisions of our Court of Appeal have re-oriented the analysis of s. 24 (2) away from excluding evidence essential to the prosecution of serious crimes even in light of varying degrees of Charter breaches.

A recent decision by the Michigan Court of Appeals addresses the «Highway Exception» to governmental immunity and how it applies to motorcycle accidents, even when there are no cars involved.

One of the main reasons given by Lord Clarke for not always enforcing the black letter terms of written employment contracts was taken from the decision of Elias J in the Employment Appeal Tribunal in Consistent Group: «The concern to which tribunals must be alive is that armies of lawyers will simply place substitution clauses, or clauses denying any obligation to accept or provide work in employment contracts, as a matter of form, even where such terms do not begin to reflect the real relationship.»

In Raglan Housing Association Ltd v Fairclough [2007] EWCA Civ 1087, [2007] All ER (D) 16 (Nov) the Court of Appeal upheld the first instance decision that the landlord could, in claiming possession on the basis of ground 14 of Sch 2 to the Housing Act 1988 (HA 1988), rely on offences committed by the tenant in the locality of the dwelling - house even if though those offences occurred before the commencement of the tenancy.

Even in cases on direct appeal from a state court, when the decision below leaves unresolved questions of state law or procedure which bear on federal constitutional questions, we dismiss the appeal.

However, the Divisional Court's decision was subsequently overturned by the Court of Appeal on the basis that the trial judge had, in fact, applied a contextual analysis even if he did not use those words.

A more recent decision from the British Columbia Court of Appeal takes pains to insist that federalism continues to limit the application of provincial enactments to «lands reserved for Indians», even if this may not necessarily be the case for rights protected by section 35.

There are two practice points to take note of from this decision: (1) even though it is not in the Rules, the Divisional Court has an «administrative practice» that counsel should be aware of that requires leave to file a reply factum, and (2) when a party is drafting their factum, they need to anticipate what the other side might say in response - unless it is a completely «new» issue raised in response, a moving party on a leave to appeal motion will not be able to respond to the particular arguments made by the other side.

Counsel for the Plaintiff, with respect to the Plaintiff «s claim for loss of housekeeping capacity, relied on the British Columbia Court of Appeal decision in Kroeker for the proposition that an award for loss of housekeeping capacity can be made even when housekeeping services are provided gratuitously by family member.

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) invalidating two patents after an inter partes review proceeding, even though the decision partially rested on references and evidence not disclosed in the challenger's petition for review or the PTAB's decision to institute.

The New York Court of Appeals issued a decision holding that when two parties agree to the material terms of a sale, the parties have entered into a binding agreement, even though the sale remains subject to the execution of a written sales agreement.

In determining what the law is, the Court of Appeal took a decision that even the most ardent and dyed - in - the - wool adherent of the Purposive Approach to interpretation would have been at great pains to follow, ie choosing long uniform and uninterrupted usage and course of dealing over the clear, unambiguous provisions of a statute of parliament.

If a news organization can show it made every attempt to be fair and to confirm that the contents of a story are true, it has a defence to a defamation lawsuit, «even if it got some of its facts wrong,» a three - judge appeal panel said in its unanimous decision.

Even if we decide to re-assess the question of the obligation of support, we would still have to appeal the decision, if only to establish how much legislative liberty we have»