Sentences with phrase «as the court noted»

«As the court noted, we can't really rely on the Trump administration to defend the Affordable Care Act,» Schneiderman said.
As the court noted, students facing grossly ineffective teachers suffer long term economic losses, amounting to hundreds of thousands of dollars for each classroom of students subjected to these teachers.
As the court noted in the Sheff decision: «If children of different races and economic and social groups have no opportunity to know each other and to live together in school, they can not be expected to gain the understanding and mutual respect necessary for the cohesion of our society.»
The fourth principle — the specific overrules the general — was arguably the most relevant canon at issue; but, as the Court noted, determining which provision is the general and which is the specific is often a difficult task.
As the Court noted, it covers the entire field of consumer agreements, whereas the OLA only covers the liability of occupiers for personal injury or property damage.
In other words, as the Court noted, the OLA permits an occupier who supplies services to obtain a waiver of liability, while the CPA prohibits it.
As the court noted, two state appellate courts, including the California Supreme Court, had reached the opposite conclusion.
The contrary result would be, as the Court notes, intolerant and illiberal.
As the Court noted, the practical difficulty is often determining the relative generality and specificity of the statutes and / or provisions.
As the Court noted, Uber carries on a global business in which it characterizes itself as a vendor of «lead generation services» which it sells to transportation providers.
The Court elided the idea of the rationale for extending human rights protection to those groups identified by the prohibited grounds (which, as we have just seen and as the Court itself noted, is the idea of their vulnerability in virtue of the group characteristic) with the idea of the various contexts in which the Code seeks to protect those so identified as vulnerable, e.g. housing, service provision and employment.
However, as the court noted, Ms Turley as appellant «[did] not fall within the definition of a family member and so has no entitlement to succeed to Mr Doyle's tenancy».
In comparison to the pre-Lisbon version, as the Court noted,
As the Court noted, while he like any enlightened employee was offended, his claim for derivative discrimination failed because he:
As the court notes: «The duty and standard of care are moving targets depending upon when the class member owned the property and when the alleged exposure took place.
As the court noted here, the defamation analysis against search engines is fact specific, and this case was decided within the statutory definitions of Australia's Defamation Act.
That argument, as the Court noted at para 95, would be resolved by the trial court.
As the court noted, it's ironic that the defendant so strongly opposed disclosure of its mediation brief, when the brief itself demonstrated its willingness to engage in mediation — though not to put any money on the table.
(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.
As the Court noted at paragraph 6 of this decision, «sometimes a swimming pool is just a swimming pool».
As the Court notes, however, the Brulotte rule leaves multiple options for companies seeking to structure an agreement with a long - term stream of payment.
This, as the court noted, is a heavy burden to discharge.
As this Court noted in G.D.B., miscarriages of justice may take many forms in the context of ineffective assistance of counsel.
As the court noted, «no woman has ever been an attorney - at - law.
As the court noted, the injuries (which were of «horrifying severity») occurred when the defendant parent's back was turned from the castle, since she had gone to assist a child at the bungee run which had also been hired.
It was, however, embedded in section 31 of the Manitoba Act, 1870 which, as the Court noted, is a constitutional document.
Conrad Black has no match in the ability to make voluminous submissions, as the court noted: «He has provided the Council with a copy of his book on the subject of his convictions which runs to more than 500 pages».
This, as the Court noted, is «fundamental for the trust that must exist in the doctor - patient relationship.»
As the court noted in TWU, it's absurd to suggest that conduct that is constitutionally protected and protected under the BC human rights regime is against the public interest.
As the court noted without humor, the production included «car and camera manuals, personal photographs, and other plainly irrelevant documents, including offensive materials.»
As the Court notes in its opinion, historical acceptance alone would not have served to validate the tax exemption upheld in Walz, because «no one acquires a vested or protected right in violation of the Constitution by long use.»»
As the Court notes in McKercher, the fundamental point of the conflicts jurisprudence is to ensure effective representation of clients; absent a threat to that representation, on what basis ought the lawyer to be disqualified?
As the Court noted, the three adults shared parenting responsibilities, and as Child grew up he regarded all three as his parents.

Not exact matches

«After reviewing DOJ's lawsuit against AT&T - Time Warner and watching AT&T's press conference, we still see a settlement as possible and, failing that, we believe AT&T would prevail in court,» Cowen's research team wrote in a note to clients Tuesday.
But as law professor Eugene Volokh notes, the First Amendment argument is a strong one, and the Supreme Court would likely hear the case since it involves striking down a federal statute.
Trotter also notes that several of the allegedly «defamatory» statements in the article were actually pulled from information in Ivari's own marketing materials and from public records such as court documents.
Herman's first three calls were to the research desks of Morgan Stanley, JPMorgan, and Goldman Sachs, and after their conversations, all three banks cut their estimates of Facebook's annual revenue by between 3.01 % and 3.33 % — perfectly aligned with Herman's notes, as the following charts from court documents show:
As many courts have noted, disclosure is not a «rite of confession» and a company does not have a general obligation to tell investors whether some (or all) of its gains are ill - gotten.
As noted above, many are hopeful that with the next Mt. Got court date six months away, Kobayashi won't be able to dump another load of coins on the market.
(Side note: There are still major brush fires, of course, such as a court hearing today in Delaware, where Kalanick is fending off a continuing lawsuit from one of Uber's biggest investors, Benchmark.)
The RBI allows banks «about 3 months of time to end the relationships» with crypto businesses, he noted, adding that crypto companies «will be attempting to challenge the RBI order» in the Supreme Court as a consortium.
As noted, no party to the RadioShack proceeding raised any concerns about the bankruptcy court's ability to determine the AAL issues.
This government has consistently touted the Investor Court System in CETA as a progressive alternative to ISDS, but both academics and civl society activists have noted that it does little to address the problems with ISDS.
But now the Forest Service proposes to build a logging road through the area, a step that, as the district court noted, «would virtually destroy the Indians» ability to practice, their religion.»
As the late legal historian Kermit Hall notes, the court in this case «did not believe it was granting Catholics a benefit to which persons of other beliefs are not entitled.»
The citizens of the USA judge every day as noted by the US Supreme Court, State Supreme courts and analogous judicial / jury venues across this great land.
Whitehead notes that many school districts continue to resist the Equal Access Act, passed by Congress seven years ago and upheld as constitutional by an 8 - to - l vote of the Supreme Court.
Further, as the astute Jeremy Kessler notes, Justice Kennedy's dissent can be seen as a decisive rejection of his image as the Court's careful moderate.
First, as Ms. Benshoof notes, the Supreme Court has decreed that customary international law is enforceable in U.S. Courts.
When the Supreme Court revoked Bob Jones University's tax - exempt status in 1983 because of its racial discrimination, it noted that «certain governmental interests are so compelling as to allow even regulations prohibiting religiously based conduct.»
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