Sentences with phrase «argument of immunity»

They are also «the provider of electronic communication», both of which give them a huge argument of immunity granted by section 5 (a)(2).

Not exact matches

Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon by the ERCB and Alberta Environment — was that the immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).

His argument on the legislative history of the Fourteenth Amendment, for example, rests on a strained parsing of the Reconstruction debates intended to show that the Privileges and Immunities Clause (which the Supreme Court effectively eviscerated shortly after the Amendment's adoption) was intended to make the Bill of Rights operative against the states.

According to a May 15, 2018 report by Max Mitchell of The Legal Intelligencer, in argument before the Pennsylvania Supreme Court the Philadelphia School District (PSD) contended that it is entitled to immunity under the state's Political Subdivisions Tort Claims Act (PS

However, my argument is that if they can overcome disease, they are light years ahead of purebreds in terms of immunity.

If the court reaches the immunity argument, it could provide a vehicle to define the limits of absolute immunity, according to lawyer Aaron Lang of Foley Hoag, who spoke with Law360.

We all know that one of the favorite arguments of the so - called «tort reform» crowd is that the pharmaceutical industry needs complete immunity because without it, the expense of litigation will stifle innovation of new drugs (see here, here, and here).

For example, there will almost surely be an assumption of the risk argument, a statutory immunity argument, and a waiver of liability argument.

The court accepted the argument of the UK government that immunity of the Saudi state and its officials from legal action in UK courts, which had been upheld by the House of Lords, did not violate the European Convention on Human Rights.

Presentation of oral argument to the Connecticut Supreme Court on behalf of a bridge contractor concerning the scope of a statutory waiver of the state's sovereign immunity for disputed claims under contracts with the state for the design, construction, construction management, repair, or alteration of any highway, bridge, building or other public works of the state.

The Court of Human Rights in Strasbourg was impressed by our argument that he had been denied a fair trial, his right under Art 6 of the European Human Rights Convention, but, by the narrowest majority of nine to eight, it upheld the immunity.

The agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself is sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

The KRG's argument that for waiver of immunity to be effective, it had to be made in the face of the court and refer specifically to the court and the matter in question was rejected on the ground that it was based on what was thought to be the position in England prior to the State Immunity Act immunity to be effective, it had to be made in the face of the court and refer specifically to the court and the matter in question was rejected on the ground that it was based on what was thought to be the position in England prior to the State Immunity Act Immunity Act of 1978.

It was held that the agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself was sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

The KRG advanced the argument that for a waiver of immunity to be effective, it had to be made in the face of the court and refer specifically to the court and the matter in question.

Part III.A then explores the arguments for and against continuing to narrow the legal concept of head of state immunity.

This issue however is a legal argument about the Judicial Immunity Doctrine and the jurisdiction of the KBA, and not about my friendship with Judge Bamberger.

At 66 follows an extensive list of arguments leading to a conclusion of submission, with particular emphasis on Notices of Appeal, each of which included a merit - based objection to the judgment appealed from but contained no assertion that the US courts lacked jurisdiction by reason of, or that the claims were barred by, sovereign immunity.

Likewise, the Tribunal rejected the College's argument of adjudicative immunity on the basis the Registration Committee does not perform the functions of an impartial, independent adjudicator, and therefore the principle of adjudicative immunity was not applicable (¶ 67).

I have queried if the GMC is up to the job of regulating expert evidence (see Witness immunity — the argument in favour, 156 NLJ 7232, p 1086).