Not exact matches
It's a bit
of a strange gambit for a treaty that has a six - month escape clause for any participant; while all parties currently seem reluctant to make any hasty
decisions, the idea
of tearing the bandage off over five excruciating years doesn't seem to
hold much
appeal either:
The 2nd U.S. Circuit Court
of Appeals said its ruling stemmed from a 2008
decision in which it
held that Cablevision Systems Corp. could offer a remote digital video recording service without paying additional licensing fees to broadcasters because each playback transmission was made to a single subscriber using a single unique copy produced by that subscriber.
In Rosenberger v. the Rector and Visitors
of the University
of Virginia it reviewed a
decision of the U.S. Court
of Appeals for the Fourth Circuit which had
held that though the University (a state entity) could fund....
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.
According to Mumuni, the Bank Access to Information Committee (AIC) in its
Decision on appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor
Decision on
appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP
held that although the
appeal by the organisation was not filed within 60 days
of the Bank's
decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor
decision as required by its Access to Information Policy, SERAP
appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor denied.
He
held that the interested parties having indicated their interest, which although was dismissed by the court, «the court is not minded to take any pre-emptive step» capable
of undermining the eventual
decision of the Court
of Appeal, which he said could possibly order them to be joined as parties.
Delivering the Judgment, the Human Rights Court presided over by Justice
of the Court
of Appeal sitting with additional responsibility as a High Court Judge, Justice Anthony Yeboah
held that the
decision by the Fire Service was discriminatory and a breach
of the fundamental Human Rights
of the two applicants in the matter.
However, the travel ban, which is currently on
hold because
of a
decision by the federal 9th Circuit Court
of Appeals, has other elected officials in the county, specifically Democrats, worried about Astorino's support for the ban and that it does in fact unfairly target Muslims.
In a unanimous
decision delivered on behalf
of the court by Mr Justice Ofoe, the Court
of Appeal held that the High Court was justified in freeing Woyome because the state failed to prove his guilt beyond reasonable doubt.
She was sacked, in fact, by Ed Balls on December 1st 2008 - a
decision held to be unlawful in the court
of appeal.
Making reference to the Courts Act
of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2)
holds that «an appellate court, on hearing an
appeal in a criminal case, shall allow the
appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong
decision on a question
of law or fact, or (c) that there was a miscarriage
of justice, and in any other case shall dismiss the
appeal.»
A recent
appeals court ruling in a case that grew out
of PSEG Long Island's expansion
of an electrical substation on Old Stone Highway in Amagansett, represents a mixed
decision for East Hampton Town, which had sought to
hold the utility provider to local zoning laws that would have required planning board review
of the project.
FCC Chairman Tom Wheeler responded to the court ruling by
holding out the possibility
of appealing the
decision: «We will consider all available options, including those for
appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest
of all Americans.»
Ruling on an
appeal filed by the New Mexico Environmental Law Center, which represents SRIC and ENDAUM in this six - year - long administrative litigation, the Commission reversed the NRC Presiding Officer's
decision to «
hold in abeyance» three - quarters
of the proceeding.
By a 2 - to - 1 vote, the Ninth Circuit Court
of Appeals overturned the state agency's
decision,
holding that it «facially discriminates on the basis
of religion.»
The Court
of Appeal, like Treu, also could put its ruling on
hold until the Supreme Court makes a final
decision.
The
decisions by the full U.S. Court
of Appeals for the Third Circuit
held that officials in the Blue Mountain School District in Schuylkill County and the Hermitage School District in Mercer County in northwestern Pennsylvania violated the First Amendment rights
of two secondary school students.
In a more recent
decision, however, a Federal Court
of Appeals refined that definition,
holding that consent is only given if the consumer provided their cellphone number at the time
of the credit application.
O. Any final and definitive
decision of an administrative law judge, or in the case such
decision is
appealed, a final and definitive judgment
of an appellate court, issued in connection with any hearing
held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code
of Civil Procedure.
She noted the case is on
hold pending receipt
of the
Appeals Court
decision and scheduled the next hearing for October 7.
Something about the style both in gameplay and art just didn't
appeal to me, but upon the release
of Rayman Legends I decided on with
holding my judgement because the game just looked too good to pass up, and t has to have been one
of the greatest gaming
decisions I've ever made.
A few people inside CRU possessed the archive
of documents being
held in reserve in case the FOI
appeal decision was made in favor
of Steve McIntyre.
«This landmark conference beside the Pantanal will gather an overview
of the status
of global wetlands, identify knowledge gaps, create greater collaboration and consistency in wetland science worldwide, and offer a plain - spoken policy prescription for
decision makers with an
appeal to adopt it with urgency,» said Professsor Paulo Speller
of Brazil's Federal University
of Mato Grasso which is hosting the meeting, the 8th INTECOL International Wetlands Conference meeting,
held July 21 - 25 in the city
of Cuiaba on the edge
of South America's Pantanal, the world's largest tropical wetland.
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.
After the discussion and conclusion on standard
of review, the court
held that there was no reviewable error by the prothonotary and so the lower
decisions would stand and the
appeal dismissed.
Anne Posno
of Lenczner Slaght Royce Smith Griffin LLP discussed Paxton v. Ramji, an Ontario Court
of Appeal decision that
held that there was no duty
of care owed to a fetus.
The Court
of Appeal backed the High Court
decision,
holding that the contract was inadequate to protect the interests
of the purchasers, and that the firm did not provide enough relevant information, particularly regarding the payment structure
of the project and the promoter's commission.
Taylor Wessing has been ordered to disclose information it
held about parties involved in litigation, in a landmark Court
of Appeal decision on legal professional privilege under the Data Protection Act 1998 (DPA 1998).
This concern motivated the Ontario Court
of Appeal in Eliopoulos Estate (discussed above) to
hold that «impos [ing] a private law duty... would create an unreasonable and undesirable burden... that would interfere with sound
decision - making in the realm
of public health.»
Hall v. Hall, No. 16 - 1150,
holding that when one
of several cases consolidated under Federal Rule
of Civil Procedure 42 (a) is finally decided, that
decision confers an immediate right to
appeal.
BPCL
Holdings Inc. v. Alberta is the first Alberta Court
of Appeal decision to deal with these minimum housing standards.
For example, a German court
of appeal held that the parties had concluded a new arbitration agreement by signing ICC Terms
of Reference.800 Similarly, a
decision by the English House
of Lords stated that «[i] n the present case one is dealing with an ICC arbitration agreement.
In reversing the Divisional Court's
decision, the Court
of Appeal held that the trial judge properly applied a contextual analysis when considering all
of the facts before him.
A recent Court
of Appeal decision (Griffiths v The Secretary
of State for Work and Pensions) has
held that employers should consider making reasonable adjustments to their sickness absence procedures if they put disabled people at a disadvantage.
The Court
of Appeal reversed the trial judge's
decision as to the result
of the outcome, but the trial judge
held that the cause
of the litigation may have been the uncertainty
of the donor's intention, but the object
of that was uncertainty was his alleged inter vivos gift and not his will, and that accordingly the general rule had to prevail that costs should follow the event.
IBM's second argument in the
appeal was to rely on the
decision in Sylvester v. British Columbia, in which it was
held that wrongful dismissal damages should be reduced by the amount
of disability benefits paid during the notice period.
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.
However, all
of this changed last year when the Ontario Court
of Appeal released its
decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement
of claim within the limitation period.2 The Court
of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and
held, subject to only a few exceptions, that the expiry
of the two - year limitation period in Ontario is a complete bar to a lawsuit.
The Hong Kong Court
of Appeal has recently handed down a
decision in Pacific China
Holdings Ltd v. Grand Pacific
Holdings Ltd [1] overturning an order
of the Court
of First Instance to set aside an ICC arbitration award made in Hong Kong.
This new
decision by the Court
of Appeals holds that where the UM insurance company does not stipulate that they caused the injuries complained
of, the facts regarding intoxication can come into evidence in the trial judge's discretion.
The Court
of Appeal declined to reverse the trial judge's
decision,
holding that contra proferentem was inapplicable where ambiguity can be resolved with reference to the objective factual matrix, and further, that Talius's reliance on the subjective understanding
of its representative did not assist in interpreting the contract:
Ian Gillis and his
holding corporation
appealed the Federal Court's
decision to the Federal Court
of Appeal.
In a ground - breaking
decision released today, the Supreme Court
of Canada in Saadati v. Moorhead, 2017 SCC 28, overturned the BC Court
of Appeal and
held that the finding
of legally compensable mental injury need not rest, in whole or in part, on the claimant proving a recognized psychiatric injury.
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.
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 rare appellate court
decision, the Court
of Appeal in Walton v. Alberta (Securities Commission), 2014 ABCA 273, has set aside a
decision by the Alberta Securities Commission and has
held that any monetary penalties levied must be proportionate to the circumstances
of the offender and supported by reasons.
In fact, if the LSUC goes against the
decision of the Federation
of the Law Societies
of Canada and the Supreme Court
of Canada's ruling in Trinity Western University v. British Columbia College
of Teachers, it will be
holding itself out as a court
of appeal, said Kuhn.
The recent
decision of the Privy Council (on
appeal from the Jersey Court of Appeal) in Brazil v Durant International Corporation further demonstrates the need for trustees and nominees to properly understand both the source of the monies which they hold and the purpose of any transactions entered into, and the consequences of failing to
appeal from the Jersey Court
of Appeal) in Brazil v Durant International Corporation further demonstrates the need for trustees and nominees to properly understand both the source of the monies which they hold and the purpose of any transactions entered into, and the consequences of failing to
Appeal) in Brazil v Durant International Corporation further demonstrates the need for trustees and nominees to properly understand both the source
of the monies which they
hold and the purpose
of any transactions entered into, and the consequences
of failing to do so.
Those cases are: Samarenko v Dawn Hill House Ltd [2011] EWCA Civ 1445, [2012] 2 All ER 476; Ampurius NU Homes
Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577, [2013] 4 All ER 377; and the Court
of Appeal decision in the Urban 1 case [2013] EWCA Civ 816, [2013] All ER (D) 77 (Jul).
That is the question Lyle Denniston asked Friday at SCOTUSblog, as another round
of decisions from the D.C. Circuit Court
of Appeals failed to address the cases involving the legal rights
of foreign nationals being
held at the U.S. military prison camp at Guantanamo Bay, Cuba.