Sentences with phrase «appeal upon decision»

Unless judges are willing to rule that the U.S. Dept. of Education not allowed to appeal upon decision.

Not exact matches

«Take notice that the appellant being dissatisfied with the decision of the governorship election tribunal for Rivers state, sitting in Abuja, contained in the judgment of the tribunal coram Hon. Justice Suleiman Ambursa (chairman), Hon. Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member)(sitting in court no. 23 of the FCT high court dated the 24th of October 2015, doth hereby appeal to the court of appeal upon the grounds set out in paragraph 3 and will at the hearing seek the reliefs set out in paragraph 4,» the statement read.

«We conclude that appellant has not satisfied his burden of persuasion to show that any substantial question of law or fact raised upon appeal is likely to result in reversal,» read the decision, which was filed Wednesday.

State Assemblyman Dan Losquadro (R - Shoreham) said Thursday he's «thrilled» about the decision and believes it will be upheld upon appeal.

«Such decisions evolve from the Court of Appeal upon the exercise of jurisdiction over appeals from the court below.

invest in things you care about...» Their entire appeal (to those uninformed) is based upon the # 1 fundamntal rule which is to NEVER make decisions based on emotions... that should tell you all you need to know about Stash.

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.

Garrison and Butzel succeeded in persuading the 2nd Circuit Court of Appeals that the FPC had failed to build a full and complete record upon which to render a decision.

These rules are still in place for now, but may be substantially weakened or overturned completely depending upon the outcome of the appeal process to a recent DC Circuit Court decision.

To delegate to Google that decision - making authority — indeed to insist upon it — privatizes what should be public law,» says Zittrain, noting that otherwise the search engines will have incentive to simply delist information rather than risk appeals and fines.

Based upon complaints filed by, among others, Washington DC based Judicial Watch, the Commission had sought to remove Judge Kendall from the bench on the basis of criticisms of his bail and sentencing decisions in specific cases, none of which had ever been appealed and each of which was soundly within his legal discretion.

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.

Thus, the decision to add one of our appellate lawyers to an existing trial team or to hire one of our appellate lawyers to handle or collaborate upon a post-trial motion or appeal is an investment in a favorable outcome.

Following a landmark decision by the Supreme Court in the appeal of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, changes to all employment contracts in the UK may take place.

The Court of Appeal reversed the decision in part and awarded $ 10,000, recognizing a right of action for intrusion upon seclusion to reflect the changing needs of society.

the decision by the HCA was partially reversed and then restored upon appeal, against which Allianz appealed to the Hungarian Supreme Court.

Upon completion of these submissions, we reserved decision on these issues and heard the argument of the merits of the appeal so that we could dispose of the whole appeal without recalling the parties for argument should we decide that, notwithstanding the preliminary issues, the appeal should proceed.

The only findings of fact in Smith relevant to any acceptance of repudiation are at para 45: «Mr Smith had... begun working in his new role but, upon receipt of the appeal decision, he wrote... reserving his position.

Make a decision on an appeal with respect to eligibility within 30 calendar days upon receipt of a complete appeal application, but if a final decision is not made within 30 days, the applicant will be grated temporary eligibility until a final decision is made.

I did my finals at Alexandra Palace and while the pigeons took aim at my tax paper, I was commenting on IRC v Ramsay (then between the Court of Appeal and the Lords), leading to the seminal decision of the House of Lords in 1981 in relation to tax avoidance schemes and upon the rocks of which many a tax avoidance scheme has since been wrecked (see [1982] AC 300, [1981] 1 All ER 865).

The Court of Appeal found that the decision of the patient may be based upon many factors, which included the patient herself and that it was for the patient to decide the risks they wished to take concerning their body — including the risks posed to a foetus.

In a decision released in June this year, Bowes v. Goss Power Products Ltd. (2012 ONCA 424), the Ontario Court of Appeal considered the application of this principle of mitigation where an employment contract provided a fixed amount of severance upon termination.

(2) A person referred to in subsection (1) has exclusive jurisdiction to exercise the powers conferred upon him or her under this Act and to determine all questions of fact or law that arise in any proceeding before him or her and, unless an appeal is provided under this Act, his or her decision thereon is final and conclusive for all purposes.

The insurer relied upon the Alberta Court of Appeal decision in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co. («Ledcor»), [5] which excluded from coverage the cost of replacing glass windows that suffered damage during the cleaning process caused by the faulty workmanship of a trade contractor on the basis that repairing the windows would be «making good faulty workmanship» since the damage was the direct result of the cleaning carried out by the trade contractor.

In a 6 - 3 decision in R. v. J.A., the top court overturned an Ontario Court of Appeal ruling and reinstated a sexual assault conviction on a man who had sex with his partner during an mutually agreed - upon erotic asphyxiation session.

Both the appeal panel and the Administrative Court (Dobbs J) in Eisai accepted NICE's submissions that it was not the role of consultees to «quality assure» NICE's work: it was for NICE as the decision - maker to obtain and ensure the quality of the material upon which it relied.

On appeal, the appellate Court will embark upon a case by case analysis to determine whether the interim decision is likely to have a direct bearing on a fundamental trial issue; this is the standard of review.

In reaching its decision the Court of Appeal set out the policy reasons that a court may rely upon to find a constructive dismissal despite explicit language in the employment contract allowing the employer to unilaterally change the employee's terms of employment.

June 2016 saw the Ontario Court of Appeal (the «ONCA») add an additional layer of complexity to the drafting of effective employment agreements upon the release of its decision in Oudin v Centre Francrophone de Toronto.

The first branch upon which leave may be granted requires the moving party to establish that there is a conflicting decision of another judge or court in Ontario or elsewhere, and that it is in the opinion of the judge hearing the motion «desirable that leave to appeal be granted».

(7) The Court of Appeal should not refuse to overturn a decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular Appeal should not refuse to overturn a decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular Appeal on a particular issue.

The secretary of state appealed the decision upon the Convention, and the claimants the decision upon the retrospectivity issue.

Reports indicate that the patent dispute between Reckitt Benckiser and Dr Reddy's that was first ruled upon in 2014 has taken a vicious turn, as an appeal against the 2014 decision that a patent for «Suboxone Film» was not infringed upon has been rejected.

In his view, Lord Mance said the Court of Appeal had erred with its justification that an enforcing court could make the decision, under the provisions of s103 and article V of the New York Convention, of an issue raised under either subsection, conditional upon the provision of security by the award debtor in respect of the award, there were no such provisions in either s103 nor article V.

We also include a short review of a recent decision of the Ontario Court of Appeal that underscores the importance of having properly drafted employment contracts if you are trying to limit your obligations upon termination to an employee's Employment Standards Act, 2000 minimum entitlements.

«The ERISA cause of action accrued upon the expiration of Liberty's June 8, 2016 deadline to issue an appeal decision.»

TD Land, Co, Inc v Phillip R Seaver Title Co, Inc Michigan Court of Appeals Docket No 236573 (December 21, 2002)(reversing decision granting summary disposition on legal malpractice case based upon apparent authority to enter into agreement)

If an inter partes review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 316 (d)[permitting amendment of claims during the IPR upon motion by the patent owner].

In setting aside the Court of Appeal's decision, and thus allowing NNPC to advance its defence free of the conditions previously bestowed upon it, Shah commented in a statement that the Supreme Court had provided was a significant mandate and victory for his client.

At the BC Court of Appeal, West Coast LEAF, again in coalition with CLAS, intends to argue that it is incumbent upon decision - makers to take a flexible approach to discrimination claims, one that allows for evidence of social context.

The Competition Appeal Tribunal has issued a ruling declaring that Ofcom erred in its Business Connectivity Market Review (BCMR), and quashing the market definition decisions upon which Ofcom's «dark fibre» remedy was based.

However, the employer is still a party to the appeal and upon receiving a decision, can request a transcript of the hearing and appeal the decision.

Nonetheless, I have been studying these leave to appeal decisions to better understand the basis upon which superior courts decide whether to hear an appeal from an administrative decision.

Since Bertico merely applies the law established in Provigo to a new set of facts (as acknowledged by the Court of Appeal at para. 76 of Bertico), this decision has not increased the duties incumbent upon franchisors in Quebec.

What I would like to see is the courts distributing new decisions, practice directions, etc. by RSS feed — surely there is a clerk or researcher at the Ontario Court of Appeal, to name one, who could arrange for that court's decisions and practice directions / advisories to be distributed upon release (they are already posted online).

Chicago labor and employment partner Frank Saibert authored this column about a recent decision in the 7th U.S. Circuit Court of Appeals which reversed the National Labor Relations Board ruling regarding a case involving a scribbled - upon ballot in a secret union ballot election.

Interestingly, the arbitrator's decision was not based upon a previous British Columbia Court of Appeal decision in British Columbia Public School Employers» Association v. British Columbia Teachers» Federation, which recognized the School Boards mandate of «ensuring an open and supportive education environment.»

The Appeals Court concluded that having recess was a policy, but that the decision where to have it was merely an ad hoc choice based upon the situation confronting the principal at the time.

Such an appeal must be filed with bar counsel's office and served upon the chair of the appropriate disciplinary board within 20 days of receipt of the decision by filing and serving a petition, together with the record of the matter being appealed.

A consideration of this issue is required because I became aware that the Appellant and Appellant's counsel, together with its co-counsel in the Federal Court of Appeal in respect of the appeal of the trial decision, had made certain public written statements about me in its factum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly inAppeal in respect of the appeal of the trial decision, had made certain public written statements about me in its factum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly inappeal of the trial decision, had made certain public written statements about me in its factum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly inAppeal (the «Factum») which, upon reflection, appear to me to clearly include: