Sentences with phrase «as a matter of law on»

However, this is a question that can not be resolved as a matter of law on the facts as presented.

Thus, respondent has not established that facts are not in dispute which are necessary to show that respondent is entitled to judgement as a matter of law on the point that the disputed amount does not exceed $ 2 million.

City One Real Estate, LLC v. 535 Carlton Avenue Realty Corp. (300 A.D. 2d 337)-- broker established its entitlement to judgment as a matter of law on two separate contracts by submitting a copy of the leases between landlord and its tenant wherein landlord promised to pay broker $ 50,000 for its brokerage services; landlord and tenant failed to come forward with evidence sufficient to raise a triable issue of fact as to their claim that they collectively owed the broker only one $ 50,000 commission for services in connection with leasing the two premises.

Town & Country Southampton, Inc. v. Grey (299 A.D. 2d 541)-- to recover a commission, a broker must establish that he or she is duly licensed, that he or she has a contract, express or implied, with the party charged with paying the commission, and that he or she was the procuring cause of the sale or lease; broker's unsupported and conclusory allegation of bad faith failed to raise triable issues of fact where defendant's made prima facieshowing of entitlement to judgment as a matter of law on the ground that neither the broker or its agent was a procuring cause of the lease.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Furthermore, the rules governing companies listed on the NYSE and incorporated under Delaware law require us to submit certain matters to a vote of shareholders for approval, such as mergers, large share issuances or similar transactions, and the approval of equity - based compensation plans.

«Once this sort of behavior becomes normalized, it becomes harder to push back on both as a consumer and as a matter of policy,» said Woodrow Hartzog, a professor of law and computer science at Northeastern University.

The cabinet will decide on Friday how to treat bitcoins under existing laws, said people familiar with the matter, adding that banks and securities firms will not be able to handle bitcoin as part of their main business, suggesting the crypto - currency will be treated more as a commodity, like gold.

Among other matters, the audit committee evaluates the independent auditors» qualifications, independence and performance; determines the engagement of the independent auditors; reviews and approves the scope of the annual audit and the audit fee; discusses with management and the independent auditors the results of the annual audit and the review of our quarterly financial statements; approves the retention of the independent auditors to perform any proposed permissible non-audit services; monitors the rotation of partners of the independent auditors on the company's engagement team as required by law; reviews our critical accounting policies and estimates; oversees our internal audit function and annually reviews the audit committee charter and the committee's performance.

«As a matter of policy, we don't confirm or comment on inquiries from regulatory agencies or law enforcement, including subpoenas,» read a statement from the bank.

Now, some constitutional law purists (not to mention a number of criminal law professors) maintain that the criminal law power should not be used for matters of regulation as opposed to outright prohibitions based on grounds of morality.

But even with this restriction, there should be considerable opportunity to argue that international law might inform such matters as: the content of the duty to consult, the significance of the right to culture, the respect that should be accorded to indigenous conceptions of property, and the question of what might constitute an unjustifiable infringement of an aboriginal right or title or a treaty right: see my post on the Supreme Court's Grassy Narrows decision here.

This «moral reading» of the Constitution calls on judges to act as moral philosophers: «equal protection of the laws» should mean what best promotes «equal concern and respect» for all humans; «liberty» in the «due process» clause should mean autonomy in matters important to personal development, and so forth.

But the logic of the matter Nino saw at work as early as Romer v. Evans (1996), and yet even more sharply in Lawrence v. Texas (2003), when the Court struck down the (notably unenforced) law on sodomy in Texas.

In the Netherlands as in the other countries of Europe and North America, law and policy in the decades following the Second World War moved steadily away from the teaching of the Gospel and the magisterium of the Church on matters of marriage, family and life.

When I talk to my good friend who is a very conservative Catholic who views taking communion as sacred and every crumb is representative of Christ's body and not one crumb will drop... then compare it to how we do it at church... everyone ripping bread from the same loaf, crumbs everywhere, kids spilling the «wine»... does it really matter... is one more right than the other... one upholds church law on how communion will be performed versus our laid back version.

Furthermore, the classical physics of Galileo, Descartes and Newton, basing itself on this common sense view of matter, portrays nature as made up of hard, impermeable material particles or mechanisms obeying immutable physical laws.

He responds, «The translation has become familiar: The mere presence of disagreement on matters of moral consequence is taken as proof for the claim that there are no moral truths (or «natural law»).»

As a matter of fact the laws of many religions are based on the Ten Commandments.

It must be established as a matter of principle and law that American forces stationed outside the U.S. will deal with their host nations on a basis of equality, not of extraterritorial privilege.

Ing, what you see as «purpose» is just the universe running along, with things happening to matter and energy based on the laws of physics.

That is why if God loves us as his children so much and knowing that every one of us will fall short and violate those laws because after all no one is perfect no matter how hard one may try, that God had to set up a means to some how pay those costs that we incurred on ourselves and thus make it possible for us to be saved and return to him.

Faith and its opposite Unbelief presuppose a universal spiritual dimension of human selfhood in which the self sees itself as poised between the world and God i.e. at once as an integral part of the world of matter and the community of life governed by the mechanical and organic laws of development respectively on the one hand, and having a limited power to transcend these laws through its spiritual relation to the transcendent realm of God's purpose on the other.

For example, as the result of law suits instituted by public - interest groups, the courts held that whenever broadcasters present a particular point of view on a matter of public importance, they also must provide opportunities for opposing viewpoints to be presented.

On many points, decisions of Islamic religious courts have the force of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse in an existing marriage converts to Islam and makes the other members of the family subject to Shari'a determinations on matters such as child custodyOn many points, decisions of Islamic religious courts have the force of national law (a touchy issue when a dispute involves a Muslim and a non-Muslim, or when one spouse in an existing marriage converts to Islam and makes the other members of the family subject to Shari'a determinations on matters such as child custodyon matters such as child custody).

but thats not what i'm talking about... i am discussing the god you claim to worship... even if you believe jesus was god on earth it doesn't matter for if you take what he had to say as law then you should take with equal fervor words and commands given from god itself... it stands as logical to do this and i am confused since most only do what jesus said... the dude was only here for 30 years and god has been here for the whole time — he has added, taken away, and revised everything he has set previous to jesus and after his death... thru the prophets — i base my argument on the book itself, so if you have a counter argument i believe you haven't a full understanding of the book — and that would be my overall point... belief without full understanding of or consideration to real life or consequences for the hereafter is equal to a childs belief in santa which is why we atheists feel it is an equal comparision... and santa is clearly a bs story... based on real events from a real historical person but not a magical being by any means!

Unlike God's work and teachings in this later era, where compassion and kindness for one's fellow man are the whole of the law (by word, but more importantly, in example after example, that when we think we know God's law and set forth to make prey on our fellows using it as our succor, that indeed, no matter the crime, the answer is to treat each other with dignity, humility and love).

Along with dualistic mythology several developments in scientific thought since the seventeenth century have contributed to the exorcism of mind from nature: first, there is the cosmography of classical (Newtonian) physics picturing our world as composed of inanimate, unconscious bits of «matter» needing only the brute laws of inertia to explain their action; second, the Darwinian theory of evolution with its emphasis on chance, waste and the apparent «impersonality» of natural selection; third, the laws of thermodynamics (and particularly the second law) with the allied cosmological interpretation that our universe is running out of energy available to sustain life, evolution and human consciousness; fourth, the geological and astronomical disclosure of enormous tracts of apparently lifeless space and matter in the universe; fifth, the recent suggestions that life may be reducible to an inanimate chemical basis; and, finally, perhaps most shocking of all, the suspicion that mind may be explained exhaustively in terms of mindless brain chemistry.

Mothers» names will be included on marriage certificates «as soon as possible» if a new law is approved, the Government has said after the Bishop of St Albans raised the matter in Parliament.

There is nothing in the New Testament, for example, to parallel the large collections of «observations on life and the world - order,» which we call the wisdom literature of the Hebrew Scriptures, or its extensive range of liturgical poetry, or the detailed corpus of its laws on what we would regard as secular matters.

It seems, moreover, on the basis of public opinion polls, that this challenge is already accepted by a majority of our fellow citizens and thus the question of its establishment as a matter of law has not provoked a debate worthy of the momentous issues at stake.

Decisions had to be made from time to time as to where or when services of the church would be held; the church needed to be told of the impending visit of an apostle, or of some prophet or teacher from abroad; a question has been raised as to the good faith of one of these visitors, and there must be some discussion of the point and a decision on it; a fellow Christian from another church is on a journey and needs hospitality; a member of the local congregation planning to visit a church abroad needs a letter of introduction to that church, which someone must be authorized to provide; a serious dispute about property rights or some other legal matter has arisen between two of the brothers and the church must name someone to help them settle the issue or must in some other way deal with it; a new local magistrate has begun to prosecute Christians for violating the law against unlicensed assembly, and consideration must be given to ways and means of meeting this crisis; charges have been brought against one of the members by another member, and these must be investigated and perhaps some disciplinary action taken; one of the members has died, and the church is called on for some special action in behalf of his family in the emergency; differences of opinion exist in the church on certain questions of morals or belief (such as marriage and divorce, or the resurrection), differences which local prophets and teachers are apparently unable to compose, and a letter must be written to the apostle — who will write this letter and what exactly will it say?

We like to refer to Rosenstein & Associates as being «The Temecula Law Firm» and that our clients can rely on us to help in the formation of a new business, help manage the legal needs of an existing business, including when necessary business & corporate litigation; ongoing transactional matters (more commonly referred to as contractual matters); assisting with the filing of copyrights and trademarks; assistance with real estate transactions, assistance with tax audits, tax litigation, and when necessary with business reorganization, including filing a Chapter 11 or a business Chapter 7 under the U.S. Bankruptcy Code.

Obviously, Applebee's has no concern for Chuck's incontestable (as a matter of law) trademark which denies Applebee's descriptive use of Chuck's Smokey Chipotle trademark on their menu.

Following failed mediation with the Department for Education in November, the threat was resumed, and in December, the Treasury Solicitors declared that as the diocesan guidance is not silent on the matter, there is an arguable error of law, and so the entire decision must be quashed and re-done.

«We can not comment, as a matter of law, on whether an investigation has been commenced or on the status of any investigation that was commenced,» said spokesman Walt McClure.

The law firm Bee Ready Fishbein Hatter & Donovan LLP of Mineola was hired to represent the village on election and general municipal law matters, as well as the North Main Street Project, a 10,000 - square - foot office building and headquarters for the Dell Bus Co..

«I never had any doubt that I was a New Yorker, but now we have official court approval stating that as a matter of law, I am a New Yorker and I will be on the ballot in the Democratic primary for governor,» Teachout told the Brooklyn Eagle.

Rather than going into a lengthy catalog of Article 2 powers and the attendant case law that shows an historical accretion of power in the Presidency, along with perhaps the growth of the Executive Department and administrative state (those are easily catalogued, but my college text on the matter ran over 2000 pages), I will turn to the resource modern scholars use, Richard Neustadt's, summarized as

The majority Court opinion appeared to concede the challenger's argument, but held that the individual mandate was as a matter of law a tax on a class of people (those who do not buy insurance), not a statutory requirement of affirmative behavior.

The outcome of this case should spur Nigerians to always insist on the rule of law, no matter the short term inconveniences, as it plays a crucial role in ensuring that political rights and civil liberties are safe and that the equality and dignity of all citizens are not at risk.»

A spokesman for the Joint Commission on Public Ethics, which has handled similar probes in the past, said, «We can not comment, as a matter of law, on whether an investigation has been commenced or on the status of any investigation that was commenced.»

In a widely circulated article released over the weekend, Dr. Atuguba cites what he calls the voting pattern of justices who sat on the Supreme Court panel that decided the 2012 Election Petition in favour of President John Mahama as evidence of how Ghanaian Justices have historically allowed their personal politics to decide matters of law in their courts.

The report outlines a series of first steps, including holding fewer people on bail; expanding diversion programs for drug offenders and those with mental illness; and changing state law to treat some low - level offenses — like fare - beating, marijuana possession in public view, prostitution and possession of so - called gravity knives — as civil rather than criminal matters.

Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law.

It is probably true that if Cuomo fights the legislature on what many of its members — particularly the Senate Republicans, who possess a narrow, gerrymander - facilitated majority in that chamber — regard as a matter of life and death, they will not immediately be motivated to cooperate with him on passing a new law.

Dr Bachmann originally became involved in this area of research through his role as Rule of Law Subject Matter expert for the North Atlantic Treaty Organisation's (NATO) study on hybrid threats facing Europe — diverse issues such as terrorism, organized crime, failed states and how a mass influx of migrants might lead to political instability in certain countries.

Yet «as a practical matter, the announcement and paperwork would have the effect of removing the U.S., setting it on a certain course for withdrawal,» says Scott Fulton, president of the Environmental Law Institute.

It's as if the universe is playing a trick on us by flipping the laws of physics on their head — dark matter should be there, but it isn't.

Per Deadline, the judge stated on Monday that» [the portrayal by Zeta - Jones] is not highly offensive to a reasonable person as a matter of law.»