Sentences with phrase «appeal of the decision granting»

Microsoft lawyer Jeff Fisher said defendants could not use this maneuver because they can not voluntarily dismiss a lawsuit if they want to get an automatic appeal of a decision granting class certification.

Successfully represented financial institution in appeal of decision granting motion to compel arbitration

Not exact matches

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

Gov. David Paterson said his administration will not appeal US District Court Judge Lawrence Kahn's decision granting a preliminary injunction to block his furlough plan, and said he will again ask public employee unions to accept a pay lag instead of moving straight to layoffs.

Today the High Court of Australia granted Fortescue Metals Group Ltd and the National Competition Council leave to pursue appeals in relation to the decision of the Full Federal Court.

A three - man panel of the Court of Appeal led by Justice Helen Ogunwumiju, unanimously agreed with the decision of Justice A.M. Liman of the Federal High Court in Enugu that there was no legal basis to grant the prayer sought by the former Chief Judge.

LAKE GEORGE — In a split decision, a local entrepreneur was granted permission Feb. 1 by the Lake George Village Zoning Board of Appeals to operate an outdoor lighting display that would normally be prohibited under local zoning laws.

Thibodeau's lawyer, Lisa Peebles, said she received notice today that the case can move forward to the Court of Appeals, which will hear an appeal of acting Oswego County Judge Daniel King's decision not to grant Thibodeau a new trial.

The institute dropped the lawsuit after EPA attorneys argued that the group lacked legal standing to bring the litigation; the agency also pointed to a 1999 decision by the 5th U.S. Circuit Court of Appeals that concluded that receipt of grant money didn't mean that advisory committee members were «susceptible to improper influence.»

In April, the California Court of Appeal overturned the trial court's ruling in Vergara v. California [i], in which a group of families had challenged the constitutionality of state laws governing teacher tenure [ii](California state law automatically grants tenure to teachers after sixteen months, provides extra due process protections to teachers over and above those available to other state workers, and requires schools to use seniority rather than competency in layoff decisions.)

The granting of a superintendent's suspension hearing allows the student charged with an offense to call and cross-examine witnesses, postpone, and of course appeal the decision.

The Office of Civil Rights receives and processes DBE appeals regarding certification decisions made by US DOT Grant Recipients.

On Wednesday the Caribbean Court of Justice overturned the decision of Belize's Court of Appeal and ordered Government to pay Belize Bank a little over ninety million dollars, an arbitration award that was granted to the Bank in 2013.

Earlier last week, following the court's final decision to grant Prince's appeal they released this statement as well as an illustrated catalog detailing all thirty works (twenty - five of which were deemed non-infringing) comparing the work of Patrick Cariou to that of the Richard Prince works in question.

That shift was made possible by the 1965 2nd Circuit Court of Appeals decision, which, for the first time, granted environmental litigants standing to sue in federal court.

Next month, the Supreme Court is due to hear Owens v Owens, in which Mrs Owens will appeal the decision not to grant her a divorce because the examples she provided of «unreasonable behaviour» were deemed not «unreasonable» enough.

Recent court of appeal decisions appear to suggest that the granting of leave is so restrictive that once a care order has been made there is little prospect of a parent being granted permission to defend an adoption and the Legal Services Commission is reluctant to grant funding to parents to cover such applications.

The Ontario Court of Appeal decision in December overturned a ruling six months earlier by Ontario Superior Court Justice David Brown, who had granted Chevron a stay in the proceedings on the basis that the case had little hope of success and that Chevron Canada's assets were not directly owned by Chevron Corp..

Summary judgment was granted; that decision was overturned on appeal to the Ontario Court of Appeal; the franchisee then sought leave to appeal to the Supreme Court of Canada, which was refused inappeal to the Ontario Court of Appeal; the franchisee then sought leave to appeal to the Supreme Court of Canada, which was refused inAppeal; the franchisee then sought leave to appeal to the Supreme Court of Canada, which was refused inappeal to the Supreme Court of Canada, which was refused in 2010.

The judge who granted leave to appeal acknowledged the decision's «importance to the profession, as well as to the administration of justice generally», and described the core issue raised by the decision to be whether «pre-approval to use discovery evidence under one of the exceptions contained in [Rule 30.1] is or is not required»: S.C. v. N.S., 2017 ONSC 2601 at para. 8.

This is illustrated by the recent decision of the Ontario Superior Court in SC v. NS, 2017 ONSC 353, from which leave to appeal was granted on April 26, 2017.

The courts held that an injunction could be granted where it was just and proportionate to do so and that a judge hearing an injunction application could not consider the merits of the planning decision as this was a matter for the appeal stage.

The primary focus of the Federal Court of Appeal's decision was on the scope of the protection granted by the family status ground of discrimination in respect of childcare obligations.

In some child custody and parenting time cases such, as child mobility, change of schools, denial of contact or changes of child parenting time or decision making powers, a stay of that order while the appeal is being readied to be heard can be granted.

Granting his appeal, the Supreme Court restored a trial judge's decision to award the man $ 100,000 in non-pecuniary damages, despite his failure to offer evidence of a medically recognized psychological illness.

Forcillo had been granted bail pending the appeal decision, but he has been behind bars since late last year as a result of breaching his bail conditions.

However, following submissions made in court today, the Judge granted permission to the local authorities to argue before the Court of Appeal that the Government's decision failed to comply with the SEA Directive and that the Government's failure to reconsult with the local authorities (51M) on their Optimised Alternative to HS2 was unfair and unlawful.

However, in unanimous decision, the appeal court upheld the argument of the counsel to the Attorney - General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was held in error in granting some of the injunctive reliefs sought by Kashamu upon inadmissible evidence.

In a unanimous decision, the Supreme Court of Canada dismissed the appeal in Canada (Attorney General) v. PHS Community Services Society and ordered the minister of health to grant an immediate exemption to the safe injection facility.

The Divisional Court granted a stay of the ruling pending its decision in the appeal which is scheduled to be heard Jan. 7.

The decision dismissed the appeals of the AER and the OWA, which argued that Chief Justice Neil C. Wittmann erred in finding that Grant Thornton should not have to carry out the abandonment, reclamation and remediation obligations of Redwater's non-producing wells or perform the abandonment orders as issued by the AER.

In a decision Tuesday, a three - judge panel from the 11th U.S. Circuit Court of Appeals, affirmed a lower court's decision not to overturn the verdict or grant TD Bank a new trial in a lawsuit brought by Texas investment partnership Coquina Investments.

The UK Supreme Court last week handed down its 5 - 2 split decision upholding the extradition of Wikileaks founder Julian Assange to Sweden, but later the same day the Court issued a «Further Statement» explaining it had granted Assanges's lawyer 14 days to apply re-open the appeal for further written or oral submissions.

The United States Court of Appeals for the Ninth Circuit granted a new hearing this past Friday in Joffe v. Google, Inc., while affirming the decision in September that denied a motion to dismiss by Google.

Hudson is the first time since I began this blog that the Supreme Court has issued a published decision dismissing a writ of certiorari as improvidently granted for a Court of Appeals opinion pertaining to family law.

That is the question the Supreme Court of Canada will decide after granting leave to appeal from the decision of the Ontario Court of Appeal in Pro Swing Inc. v.... [more] Full aappeal from the decision of the Ontario Court of Appeal in Pro Swing Inc. v.... [more] Full aAppeal in Pro Swing Inc. v.... [more] Full article

In the area of class actions, it is significant that a Respondent may now apply for leave to appeal from a judgment of the Superior Court granting a Motion for Authorization (Certification)(article 578), a move which will likely have an impact on strategy in first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or not.

The first appellate level decision to interpret the threshold for a plaintiff to meet to be granted leave in a secondary market class action since the Supreme Court decision in Green was issued by the Ontario Court of Appeal earlier this year.

«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.»

A decision not to grant indefinite leave to remain to a 71 - year - old Nigerian national was appealed after the judge stated that «the UK is not a retirement home for the rest of the world».

The Supreme Court overturned the decision of the Quebec Court of Appeal and found that the plaintiff did not meet the test to be granted authorization to proceed with the class action.

The Supreme Court of Canada has granted leave to appeal in a British Columbia decision involving the right to physician - assisted suicide and euthanasia.

Ct. 2007)- Steve Goldman argued this appeal, in which the Pennsylvania Supreme Court affirmed a decision (actually revoked its early grant of certiorari as «improvidently granted») denying class certification in a statewide overhead and profit class action.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

Critical to the decision of the Court of Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this clause as «the words of extension».

That is not a problem because the Supreme Court's mandate, having granted leave, is to make the decision that ought to have been made by the lower court from which the appeal comes; or order a new trial if that is the proper decision (if the decision appealed from was «against the weight of the evidence); or remand the appeal or any part of the appeal to the court appealed from for additional consideration in accordance with the direction of the Court: the Supreme Court of Canada Act, R.S.C. 1985, c. S - 26, ss.

The proposed appeal involves matters of such importance that leave to appeal should be granted,» said Lederer in his Sept. 12 decision.

The Ontario Court of Appeal did not agree: Rouleau J.A. overturned the lower court decision, granted Mr. Figueiras declaratory relief, and awarded costs in the amount of $ 5,000.00.

On the legal custody issue, the Court of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.»

De Grandis v. De Grandis (1990), 48 B.C.L.R. (2d) 53 (S.C.) settles the issue that an appeal of master's decision to grant or deny interim spousal support should not be interfered with unless it is clearly wrong.