Sentences with phrase «arguments in cases where»

On that issue, Nordheimer found «the concern over the submission about the chill on zealous advocacy loses much of its impact if the reality is that this zealous advocacy is being used to further arguments in cases where the facts would not, on an objectively reasonable basis, warrant the ultimate relief sought.»

Not exact matches

The eight justices, who open their 2016 - 17 term on Monday, will hear arguments on Wednesday in the case of an Illinois man, Bassam Salman, who prosecutors said made nearly $ 1.2 million trading on inside information about mergers involving clients of Citigroup Inc, where his brother - in - law worked.

In the end, this may well be a case where the corporations need to trust the experts, or the bulk of them, and at very least lend their weight to the argument in favour of giving the Summer Olympics a very serious second looIn the end, this may well be a case where the corporations need to trust the experts, or the bulk of them, and at very least lend their weight to the argument in favour of giving the Summer Olympics a very serious second looin favour of giving the Summer Olympics a very serious second look.

In recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauIn recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauin Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauin the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauin any case where losses were sustained prior to the market learning the fact that defendants had committed fraud.

There are a number of examples in Canadian case law where issuers were attempting to sell «utilities» or something similar to modern day tokens and coins, where the court simply didn't buy the argument.

Your first stop should be the Canadian government, which has, in cases where there's a good argument, made representation on behalf of Canadian businesses who get caught in this quagmire.

He makes a similar argument to yours that it is ok to slaughter even infants and children, if that is what your god wants in cases where he doesn't want do do the terrible deeds himself, as he did when he supposedly wiped out almost all of humanity with a flood or sent a plague to kill 70,000 Israelites (2 Samuel 24:1 - 15), because David conducted a census, Yahweh caused him to conduct.

The where is God question in this case is used as an argument against God: if he is who you say he is, why would this happen?

By contrast, I have heard of cases pertaining to some newer member states where the state in question would not even send a representative or written arguments to the court (here again I think it was about prejudicial questions, not infringement proceedings but it shows how specific countries approach EU litigation in general).

A department spokesperson said: «The government believes that some very strong and persuasive arguments have been put forward for cases where, perhaps because the child is suffering from a terminal illness at a very early age, the current consent requirements in the bill are not appropriate and should be revised.»

As when we spoke before about tuition fees, you're creating a suspect class (in this case «red» unions and their puppets) where you ought to be making an argument.

If you only analyse things as a one - off, on the other hand, then there's certainly an argument that in the individual case that in a society where weapons are routinely carried he might not have managed to shoot 37 people without one of them shooting back.

My instinct would be that the best (and pretty weak) case for good faith, reasonable proportionality, etc would relate not at all to the group of protestors who were contained, but either to some argument relating to the resource pressures of policing adjacent events, fears of the risks of issues involved in one becoming mixed up in the other, etc, etc which (at its very best) would be a highly pre-emptive and precautionary approach to a situation where there was no existing problem to be contained.

He pointed to similar cases in other states where water supplies were contaminated or ruined due to harmful chemicals used in the process and said arguments that hydrofracking might create jobs were not completely valid.

Prosecutors on Thursday afternoon wrapped up 10 weeks of testimony and arguments in Central Islip, where they sought to make the case that the one - time elected officials accepted an illegal stream of benefits from restaurateur Harendra Singh and, in exchange, abused their public positions to get him two county contracts and more than $ 20 million in town - guaranteed loans.

Stevens supported his argument by citing Caperton v. A.T. Massey Coal Co., [39] where the Court held that $ 3 million in independent expenditures in a judicial race raised sufficient questions about a judge's impartiality to require the judge to recuse himself in a future case involving the spender.

The seven - member Court of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land use.

Both agencies acted with official city and state misconduct, and in both cases, honest, credible evidence was repeatedly dismissed and ignored, and so was the corruption that remains to date — where knowingly false statements were made to discredit me (then later completely reversed during oral argument by my accusers), and both the DOI investigators (who appeared at my doorstep many times to collect evidence) and MTA Office of the Inspector General investigators invited me back to their headquarters (more than six times), from 1989 to 2008), and continued to take no action to restore and reinstate my city job, pension and social security contributions.

Putland could improve his argument, and thereby this answer could be improved, with reference to cases where the separation of powers was established in Australian law (Arbitration Court's case for example?)

The report also notes the increasing numbers of cases where people in important roles deploy the «conscientious objection» legal argument to excuse themselves from doing things they really should.

But where treatment choice is in dispute, the usual situation places CAM practitioners against the rest of the medical personnel, in which case they need to have a good line of arguments and a good and widely accepted reputation.

In this case, the argument is that value - added estimates can and should be used to make decisions about where to position high value - added teachers so that they might have greater effects, as well as greater potentials to «add» more «value» to student learning and achievement over time.

Note that this argument only holds for when the customer knows in advance what the exchange rate would be, for cases where it is calculated afterwards I have not found any valid excuse for such large margins (except that it allows them to offer other services at a lower price because these transaction).

I think it's more of a case of Microsoft syndrome where he late to the market in an exploding growth area than any real argument against ETFs.

Recently, the rating agencies have lost some preliminary arguments in a court case where a defense they made is that ratings are free speech has been shot down.

The flaw in this argument is that if No Kill opponents are correct in asserting that an appointment policy will cause intake to go up in other shelters in the area, then we should see an increase in intake in neighboring shelters in every case where an appointment policy is implemented.

Where you can get an argument is on what is known about the example in which case the Jeffries prior might be looked at as a decider or a variety of priors that incorporate more / less of prior knowledge..

Because this is patently another case where the «cheap energy» argument of neobullionists results in net increase in cost burdens to all.

One such argument for this conclusion is that what is often is described as charity is actually a matter of obligation to others in cases where the action of a collective is necessary to restore the basic conditions necessary for the enjoyment of rights.

The magenta line represents the scientific presentation (in this case it is just the OLS trend line), where the offset hasn't been cherry picked to support the desired argument.

It serves to orientate the frameworks through which the world is seen and gives structure to the arguments about what is good / bad, right / wrong, forward / backward, and in the case where climate scepticism and denial is judged to be equivalent to Conservatism, Left / Right.

The case was sent all the way to the U.S. Supreme Court, where the public nuisance argument was unanimously rejected in an 8 - 0 decision.

The oral arguments won't be heard until February 10th, so it will be after that date that we find out where this case could take e-waste recycling in the US.

The natural cynacism that I have towards the «establishment» is a result of my experience in other cases — where, I now judge, I was being «sold to» rather than being presented with all of the facts — including valid arguments for the opposing view which may, at the very least, have suggested less certainty.

The court rejected that argument, finding that in this case where both parties have taken «extreme and unreasonable positions regarding damages,» the independent expert's assistance would be particularly useful.

But perhaps in a case where the defendant is acquitted, or proven innocent, a takings argument could be run by analogy with the cases dealing with innocent people who suffered loss as a result of police execution of search warrants.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

In Denton v Workers Compensation Board, the Court decided that the responsibility is on the litigant wanting to make a Charter claim to have made it where such an argument is first available — with the first decision - maker that touches their case.

In addition, she has sat during mock appellate arguments where the case is actually argued and then critiqued by Justice Newman, who provides additional constructive feedback and tips on presentation effectiveness.

The number of reported cases where businesses used the Human Rights Act to bolster their argument rose by 15 % last year, from 39 cases in 2011 to 45 cases in 2012, according to figures provided by Sweet & Maxwell.

In the case of litigation where infringement and validity of the patent are at issue, my degree provides a technical foundation which helps me fully understand the invention so I can distil relatively complex technology into more easily understandable arguments to present to a judge or jury who often do not have a technical background.

That the Court is keen to avoid such a conclusion is clear from the argument brought forth in the statement of the Court in paragraphs 46 and 47 of the judgment, where the Court finds that its decision to rule for the non-applicability of the Visa Code does not run contrary to the distinct requirement of the Visa Code to refuse a visa in case there are doubts with regard to the applicant's intention to leave the territory of the Member State after the expiry of the visa — a refusal that would be taken as a result of the application of the Visa Code, not as a result of its non-applicability.

The court will hear arguments tomorrow in a case where a Toronto doctor is appealing a Superior Court decision that dismissed his libel action against a former head of the Ontario Trial Lawyers Association and ordered him to pay more than $ 310,000 in costs.

The argument continued that claims for financial provision are not entirely personal because they may include sums which will be paid to creditors, (and that would presumably always be the case where the trustee was (as here) interested in the outcome).

He has frequently been the lone dissenter, particularly in criminal cases where he writes in favor of the defendant, even when the arguments arrayed against his position are so formidable that his colleagues have joined the majority and moved on.

Sam Glover: Yeah, there have been oral arguments where I'm citing facts from the record and synthesizing arguments from cases in ways that had never even occurred to me before and it's coming out perfectly, and I'm just super lawyer.

The first was the Supreme Court decision in the Rangers Football Club case where, contrary to expectation, the HMRC's arguments over the «suspect» tax efficiency of an employee benefit trust prevailed sparking wide - ranging consequences for many other schemes — a point HMRC have been quick to advertise.

As noted above, the European Commission's brief makes two basic arguments, the first substantive and the second procedural: (1) that the jurisdictional limits of the ATS should be defined by reference to international law, in particular that the US should allow universal civil jurisdiction only in cases where universal criminal jurisdiction would normally apply; and (2) that the US's exercise of universal civil jurisdiction must be constrained by the procedural limits imposed by international law, in particular by an exhaustion requirement.

Further, even if the issue arises in another case where there is a controlling precedent, attorney ethics permit an attorney to make a good faith argument for a change in the law to any court, so if there is some good faith argument for doing so, the attorney can push that the issue be reconsidered.

Kyla was successful opposing the first leave to appeal to the Supreme Court of Canada in an IRP case, and was granted leave to appeal by the Supreme Court of Canada in the Wilson case where she made the first arguments about IRPs to the Court.