Sentences with phrase «appeal the court held»

The Appeal Court held that the charge was proper and the tribunal properly constituted to sit with two members.

The Appeal Court held that the 11th Respondent, Hon. Uche Lillian Ekwunife, was «not the product of a valid primary and, therefore, not duly and legitimately nominated, that has disqualified her from contesting the election into the Anambra Central Senatorial District.»

In the Buffalo case, Arthur v. Nyquist, the appeals court held that seniority - based layoffs, as called for under a teachers» contract,...

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.

«[I] t is entirely possible for a party in litigation to alter a Wikipedia article, print the article and thereafter offer it in support of any given position,» an appeals court held.

Upholding the judge's finding of liability on the 93A clam, the Appeals Court held that the former employer - employee relationship between the plaintiff and the individual defendant «does not stand as a bar» to the chapter 93A claim and that his conduct was «actionable independent of his contractual obligations.»

The Appeal Court held that such a preliminary agreement was valid because it did not unduly hinder the employee's professional career.

The Appeal court held that «the only sensible purpose for such a meeting must have been to seek some kind of solution to the litigation for Mrs. Suh.

The California appeals court held that the state's shield laws applied to online reporters in the same way that it applied to print reporters.

In 1998, a federal appeals court held for the first time that arson testimony is subject to the Daubert standard of reliability that applies to other forms of scientific expertise.

The appeals court held that the PTAB's practice of reviewing some, but not all, challenged patent claims in an IPR proceeding was consistent with both the text of the AIA and the USPTO's regulations governing the AIA trial proceedings.

«With the exception of the retired judge's mistake in having the parties execute a document memorializing the terms of a «civil mediation,» there is no doubt that the parties agreed to and in fact participated in binding arbitration,» the appeals court held.

The Appeals Court held that the judge properly denied plaintiff's request for injunctive relief.

The Appeal Court held that the accused unlawfully confined Meika rendering them liable for first degree murder under section 231 (5) of the Criminal Code of Canada («CC»).

New Mexico Appeals Court Holds Uninsured Motorist Lawsuit Barred by Claim Preclusion, New Mexico Personal Injury Lawyer Blog, January 7, 2013.

In that case, at first instance and on appeal the court held that the party who had terminated a contract for a bad reason and ceased performing leading the other party to terminate for repudiation could not then claim damages when it, subsequently, discovered other grounds which, if it had known about them, would have entitled it to terminate.

An appeals court holding, and pending U.S. Supreme Court case, could up - end FDIC enforcement procedures.

The defendant ultimately refused to do so, and the plaintiff successfully sued the defendant and both the trial and appeal courts held that there was a trust.

denied, 541 U.S. 1085 (2004): A federal appeals court held that federal courts should abstain from hearing a constitutional challenge to the canons by a judge who was the subject of an imminent disciplinary proceeding; instead, the judge must raise his constitutional claims in the disciplinary process itself.

In a clear blow to Quebec provincial regulators, the appeal court held in the much - anticipated ruling that regulatory bodies can not gain access to documents covered by litigation privilege unless it is statutorily mandated.

The Court Martial Appeal Court held s. 230.1 is invalid.

On appeal the court held that the incident had been wholly unrelated to football, save for the fact that both sides had an obvious interest in the sport on that day.

In Parr v. Rosenthal, the Massachusetts Appeals Court held:

The appeals court held that the lower court erred when it excluded evidence at the second trial of a prior summary judgment ruling that the driver lacked insurance and that the insurance company paid a sum of money to settle the third party's claim.

The appeal court held that because the Pitt and Futter trustees had relied on professional advice in taking their actions, there was no breach of fiduciary duty.

2005), the appeals courts held that an insurance agent's personal relationship with 60 condominium associations was personal goodwill not transferable to a purchaser, and thus not marital property.

For instance, in 2005, a Florida appeals court held that personal goodwill was not marital property in connection with an insurance agency.

Ct. 518 (2014) the Appeals Court held that a judge can not enter an alimony order for a fixed percentage of the payor's income in the future because this «self - modifying» order is not supported by findings, etc..

On appeal the court held that the «offer» by the chain was merely a promise to purchase and not a formal sale agreement.

The appeals court held that the summary judgment in favor of the Sullivans, as sellers, would stand.

Not exact matches

The appeals court has ruled previously that the 1996 Communications Decency Act lets websites provide «neutral tools» to post material online and that they can not be held liable for libelous or potentially libelous material posted by third parties.

The New York - based 2nd U.S. Circuit Court of Appeals held that to be convicted, a trader must know that the source received a benefit in exchange, and that such a benefit was «at least a potential gain of a pecuniary or similarly valuable nature.»

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.

«The New York State Court of Appeals, the state's highest court, has reaffirmed the long - standing legal practice and widely held understanding of the application of the Rent Stabilization Law's vacancy decontrol provisions,» REBNY's president John Banks said in a stateCourt of Appeals, the state's highest court, has reaffirmed the long - standing legal practice and widely held understanding of the application of the Rent Stabilization Law's vacancy decontrol provisions,» REBNY's president John Banks said in a statecourt, has reaffirmed the long - standing legal practice and widely held understanding of the application of the Rent Stabilization Law's vacancy decontrol provisions,» REBNY's president John Banks said in a statement.

The lawsuit filed in the United States Court of Appeals for the District of Columbia Circuit, seeks to set aside and hold unlawful the Environmental Protection Agency's effort to weaken the existing clean car rules.

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

A second court session has been held in Iran as two pastors and a deacon continue their appeal against six - year sentences for political charges.

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....

Although written by a supporter of Amendment 2 (which was overturned by the court in a decisionnow on appeal), the book provides a convincing analysis of the crosscutting interests and passions engaged when citizens attempt to hold government democratically accountable.

The United States Supreme Court denied an appeal Tuesday from Bishop Harry Jackson to hold a ballot initiative in the District of Columbia that would, if approved, have overturned the District's same - sex marriage policy.

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.

If, on the other hand, there is some common court of appeal or superior criterion, then the continuing dialogue about their difference can hold some promise of change which may be called «education,» «repentance,» reconcihation,» or «training,» depending on the perspective in which we want to look at it.

A second court session has been held in Iran as two pastors and a deacon continue their appeal against... More

I'd say the only real difference is at least Iran is overt with their actions and have swift punishments, I think it's far crueler to hold someone for years, give them appeals, wheel them into court with the IV sticking in their arm and then go through with it anyways.

School District That Held Graduations in Church An appeals court ruled against a Wisconsin school district over its usage of a church building to hold graduations due to a lack of space in public school facilities.

The full court of the Seventh Circuit Court of Appeals ruled Monday that by holding some graduations at a church full of religious imagery, Elmbrook School District was unlawfully endorsing a relicourt of the Seventh Circuit Court of Appeals ruled Monday that by holding some graduations at a church full of religious imagery, Elmbrook School District was unlawfully endorsing a reliCourt of Appeals ruled Monday that by holding some graduations at a church full of religious imagery, Elmbrook School District was unlawfully endorsing a religion.

held a media forum to discuss the victory and challenges of the Court of Appeals ruling against Bt - talong.

As to the effect of that decree, the Court of Appeals in the Gaidry case held that the cancellation of McIlhenny's trade - mark could not affect his rights, if he, in fact, had acquired, at that time, a common law technical trade - mark; that a trade - mark, if it exists, exists independently of registration, and that cancellation does not extinguish a right which the registration did not confer, citing Edison v. Thot.

The Court of Appeals for this Circuit in the Gaidry case took note of these two cases, but held them not reconcilable with the later ruling of the United States Supreme Court in Baglin v. Cusenier, 221 U. S. 680 [1 T. M. Rep. 147], wherein it was held that the fact that the primary meaning of the word «Chartreuse» was geographical did not prevent the acquisition of the exclusive right to its use as the designation of a liqueur made by the monks of the Monastery of La Grande Chartreuse.

Originally published on The Seattle Lesbian The Arizona Court of Appeals, Division Two held Tuesday that Suzan McLaughlin is a legal parent of the son she and her former same - sex spouse conceived through donor insemination and raised together before the couple separated.