The employer had been made aware of the events which led to the prior termination by the plaintiff, soon after it had announced his re-hiring and prior to the commencement of his actual employment,
as the Court found.
As the Court found that the restrictive covenants were linked to the commercial sale contract, rather than the employment agreement, the Civil Code of Quebec protections did not apply.
This implied threat was enough to interrupt the retail of the device which was,
as the court found, the only reason the letters were sent.
SB 478 Requires the Supreme Court of Texas,
as the court finds appropriate, to promulgate forms for use by individuals representing themselves in residential landlord - tenant matters and instructions for the proper use of each form or set of forms.
[22] As shown by the recent Court of Appeal decision in Deep, Steinecke is still good law,
as the Court found that Deep could not rely on documents inadmissible under civil proceedings due to s. RHPA 36 (3), and found that, «[w] ithout this evidence the appellant has no way of proving the necessary facts to support his claim.»
As the Court found in paragraphs 29 and 30 of Skalka, that benefit, which is intended to ensure a minimum means of subsistence for its recipient where his pension is insufficient, is funded in full by the public authorities, without any contribution being made by insured persons.
It may be that the trial judge's reasons, in this case, showed evidence of impartiality (
as the Court found), but it is difficult to see how the unattributed and wholesale reproduction of over 85 % of the plaintiff's submissions did not severely undermine judicial integrity.
The court looked at the language and found that including the Company within the section's language would be improperly expanding the reach of this section,
as the court found that this section was only intended to apply to an actual denial of housing.
The court also questioned the evidence submitted by the Taxpayer in support of his claims,
as the court found that the evidence appeared to be mere estimations of the time spent working on the rental properties, which is not sufficient to support a claim of being a real estate professional under the Code.
Not exact matches
The Air Force
Court of Appeals in May 2017 also reversed a conviction in the sexual assault case U.S. v. Boyce after
finding that public statements by Sens. Claire McCaskill and Kirsten Gillibrand regarding the «Marines United» scandal earlier this year created «the appearance of unlawful command influence» in the case,
as retired Col. Don Christensen, a former Air Force chief prosecutor and current president of the advocacy group Protect Our Defenders, told Task & Purpose at the time.
Generally speaking, lawyers say you should try fighting back now, or at least
find a way to delay settling until the summer, when a favorable
court decision,
as well
as pending legislation before Congress that would make trolls responsible for
court costs, could work in your favor.
Gleason, too, was
found guilty, but the state Supreme
Court overturned the death sentence
as a punishment.
From 2006 to 2009, after the resignation of Justice Sandra Day O'Connor and before the appointment of Justice Sonia Sotomayor, Justice Ginsburg was the lone woman on the
court, a situation she
found isolating and disturbing,
as she told The New York Times.
The
courts have been known on occasion to overlook a business's corporate status and
find the shareholders / owners liable because the business was run
as if it were still a sole proprietorship or partnership.
Before
founding her networking events company, she worked
as a
court mediator trying to untangle highly emotional family and small claims disputes.
But I can
find a reason to be optimistic: both the income sprinkling and passive income measures are constructed
as extensions to existing tax measures that have been tested in
courts and in practice for years.
The
court's written
findings define an «adequate and well - controlled human clinical study»
as one lasting a minimum of six weeks using appropriate tools.
But the DOJ's purpose in including the news reports was not to corroborate its
findings, but rather to demonstrate to the FISA
court that Page had denied his July 2016 Russia meetings both publicly,
as well
as in a letter to then FBI director James Comey on September 25, 2016, according to the Democratic memo.
As ProPublica reported, a 2015 Pentagon report
found the military failed to provide key records to the FBI in «about 30 percent of a sample of serious cases handled in military
courts.»
Since the right to fairly priced electricity is not a fundamental constitutional right and because HDL users are not part of a classification that have been subject to governmental discrimination historically, such
as race, gender, national origin, etc., the PUD's decision will be allowed to stand unless a
court finds that there was no «rational basis» for it.
«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III,
as well
as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the
Court grants defendants» motion for summary judgment on those claims,
finding them time - barred,» Cousins wrote in his opinion.
A federal
court found that Coverall employed Awuah and his coworkers and awarded them the unpaid wages they were due
as employees.
If the
courts find they have been misclassified by Handy and should have been classified
as employees, Handy will face substantial fines and penalties.
The
Court found that the language of the bonus plan, requiring «active employment»
as a condition to receive a payout, did not violate the Employment Standards Act.
(1) Any customer who enters into a contract with an invention promoter and who is
found by a
court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information
as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --
Leaving aside materiality — and I guess there's some question
as to whether a
court would
find it material that Jana Partners is building an activist stake, though maybe not much of one — there's no breach of a duty if Jana «officially» decides to leak its information to other hedge funds.
«The IRS offers no explanation
as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that
as long
as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the
Court must
find that the Summons does not involve an abuse of process.
However, to date the
courts have not taken this view, and those violating injunctions such
as the one obtained by Kinder Morgan commonly
find themselves in
court facing contempt of
court charges.
If you were to experience financial catastrophe and
find yourself in bankruptcy
court, it's entirely possible several million dollars of your 401 (k) balance could be protected from creditors
as the
courts have been hesitant to invade retirement principal.
Comparable treatment can be
found in Europe, where EU member states exempt virtual currencies from taxation
as a result of the
Court of Justice of the European Union's ruling on October 22, 2015 stating that the exchange of traditional currency for Bitcoin virtual currency (and vice versa) is exempt from value added tax in the EU.
The Massachusetts judge who
found in favor of Chevedden and McRitchie observed that seeking a declaratory judgment in the
courts amounts to ««reversing the statutory scheme,» and would also deny the SEC of its role,
as the procedures of the SEC provide shareholders with a «relatively inexpensive opportunity to get claims disputes resolved,»» according to the investor letter.
The
founding of Demand Justice, which aims to persuade liberals to approach judicial fights with the same passion
as conservatives, comes
as President Trump is focused on remaking the federal
courts.
The assumptions and techniques of psychology and therapy have
found their way into business, schools, families, popular entertainment, and even the
courts» so much so that it has become common to speak of our society
as a «therapeutic culture.»
By the way, the fact that there is a statue of Moses in the Supreme
Court building could mean that we were actually «
founded»
as a Jewish nation!
Well if we bring this case to present times, the Egyptians not only the pharaoh were guilty of mistreating, killing and have the Hebrews
as slaves, and any
court of law Would Have
found Them Guilty And Maybe Put Them On Death Row.
Earlier this month, a federal appeals
court found the Syrian refugee ban by Indiana governor and GOP vice presidential nominee Mike Pence was based on a «nightmare scenario» of Syrian terrorists posing
as refugees to gain US entry.
By a lucky break, a friend who had met him at a debating club
found him a post
as a proofreader at the London branch of the Oxford University Press — in Amen
Court, near St Paul's Cathedral.
«Among the rulings,» says the report, «we
find some that advise illegal actions and others that transgress human rights standards
as applied by British
courts.»
But by 1961 the Supreme
Court found itself having to acknowledge that «a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by... God» in the life of others qualified
as religion in our civil society.
Since the
Court found that state and local educational policy were in conflict with fundamental democratic rights
as expressed in the Constitution, it ruled that local self - determination in respect to segregated schools must be overruled by national policy.
Having endured for half a century a
Court that seized authority not confided to it to lay down
as unalterable law a liberal social agenda nowhere to be
found in the actual Constitution of the United States, conservatives must decide whether they want a
Court that behaves in the same way but in the service of their agenda.
I certainly hope for the Pastor Youcef Nadarkhani,
as I would hope for myself and others with me, if
found out to be of Christian faith and a modern order, not unlike the Christians who walked with Jesus
as a man and Pastor who,
as it were, was finally offered up
as a sacrificial offering to God upon a cross after being
found guilty of offending the then Church of Israel who then proposed his death sentance to be carried out by a Roman
Court, though he was innocent of the charges.
Long before the
founding of Christian public interest law firms, such
as the Liberty Fund, The Becket Fund, and the ACLJ [American Center for Law and Justice], the Jehovah's Witnesses were using the
courts to establish liberties.
«In the light of all the material in its possession and in so far
as the matters complained of were within its competence, the
court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the convention or its protocols.»
The Patriot's Bible praises for Jackson for hailing the Bible
as the «rock» on which the U.S. was
founded, and yet it was Jackson who blatantly disregarded a ruling of the Supreme
Court, forcing thousands of Cherokee Indians from their homes onto the Trail of Tears.)
On reaching Seville, Juan
finds that report of his Neapolitan adventure has reached the
court of Castile,
as has Duke Octavio, but fortunately the duke still does not know who cuckolded him.
contracts are great and all, but the
courts have largely
found that you
as a citizen are not allowed to sign away any of your rights through one, even if you understand it perfectly.
This summer, when some 120 nations voted to establish a permanent international criminal
court for genocide war crimes and crimes against humanity, the U.S.
found itself one of only seven countries, including such bedfellows
as China and the Sudan, to vote against the new
court.
Justice Blackmun opined that «this right of privacy, whether it is
founded in the Fourteenth Amendment's concept of personal liberty
as we feel it is, or,
as the District
Court determines, in the Ninth Amendment, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy» (emphasis added).
The
Court keeps on going back to Roe
as foundational to justify all the other rights that the
Court found emanating from that decision.