Sentences with phrase «as trial judge by»

Not exact matches

«For the record, we wish to make it clear that as we start this trial David Baazov and his counsel have not been given by the AMF or this court the time necessary to review the millions of documents disclosed and judged potentially relevant,» she said.

In recent years, Bettencourt became a household name in France as the central figure in an infamous trial in which judges examined whether the billionaire was taken advantage of by those close to her.

As deliberations close in the AT&T antitrust trial, Judge Richard Leon says he will issue a ruling by June 12.

Who are we to judge what God does or allows he has his reasons who can fathom his ways he sees the end from the beginning and is not limited to time or space like we are.Does God want anything the answer is Yes he wants a relationship with us that is why he sent his son because he had a purpose in creating us.However the wages of sin is death in this scripture alone regardless of what happens here we all deserve to die God could have wiped us all out with another flood for who of us is worthy.It is by grace that we live and yes bad things do happen to good people just as it does for the wicked is it to test our faith i do not know but i do know that God gives us the grace to endure through trials and difficulty and that all things do work for Good if we love him..

The trial judge also concluded that (para 285) «the threat of sale by independent retailers to the major supermarket chains constrained Metcash's wholesale pricing decisions» and that the competitive constraint imposed by Franklins was much less than that imposed by the major supermarket chains - these findings of the trial judge were set out by Yates J at para 297 as follows:

The trial judge had accepted that (para 239) the geographic dimension of any market for the wholesale supply of packaged groceries would be New South Wales and the Australian Capital Territory» but «did not accept that the product dimension of the market should be delineated by reference to packaged groceries» as argued by the Commission.

When reached by SI, Rigsby, a District of Columbia Superior Courtjudge, was getting ready, as a colonel in the U.S. Army Reserve, to deploy toIraq for a six - month stint as a military judge overseeing trials for murder, rape and robbery.

The Huffington Post quoted one of its own writers, Kim Simon, in expressing her trials and tribulations, first as a mom who couldn't produce breast milk and was shamed by other parents, then as a breastfeeding - only mom who was judged when doing so in public.

Developer Louis Ciminelli last month was ordered by a federal judge to surrender a firearm purchased and registered under his wife's name as he faces trial in a bid rigging and bribery case.

Buffalo developer Louis Ciminelli last month was ordered by a federal judge to surrender a firearm purchased and registered under his wife's name as he faces trial in a bid rigging and bribery case.

«The criminal assault trial of Kevin S. Parker, a state senator from central Brooklyn, was thrown into turmoil on Thursday, as a judge granted the Brooklyn district attorney's office's request to have two special prosecutors appointed — one who would take over the case, and another who would investigate possible improprieties by an assistant district attorney.

Andy Coulson and his fellow defendants are fiercely criticised by a judge, as the phone - hacking trial ends with prison sentences

Updated 3:26 p.m. The criminal assault trial of Kevin S. Parker, a state senator from central Brooklyn, was thrown into turmoil on Thursday, as a judge granted the Brooklyn district attorney's office's request to have two special prosecutors appointed — one who would take over the case, and another who would investigate possible improprieties by an assistant district attorney not directly involved in the proceeding.

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

The trial judge also found that the case against the accused person was established by Popoola's evidence which was corroborated by the evidence of his brother who handed over the ransom to the accused person and identified them as recipients.

As the trial broke for lunch, the judge acidly advised Gitner to wrap up his cross-examination by the end of Wednesday.

The trial judge, Justice Babs Kuewumi, had subsequently convicted them as charged by the Economic and Financial Crimes Commission but reserved their sentencing till a later date.

«This trial moves the field forward in that ACC / AHA guidelines state that TAVR is a reasonable alternative to surgical valve replacement in high - risk patients, as judged appropriate by the heart team,» he said.

When Pauline (Weaver) and her husband (Stuart Wilson) are visited by a man (Kingsley) who comes to return a spare tire, «Death and the Maiden» becomes a taut revenge drama, with Paulina binding and gagging Miranda and announcing that she is putting him on trial, with herself as judge and executioner.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkAS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

The objects of the Club shall be: (a) to encourage and promote quality in the breeding of purebred Great Danes and to do all possible to bring their natural qualities to perfection; (b) to urge members and breeders to accept the standard of the breed as approved by the American Kennel Club as the only standard of excellence by which Great Danes shall be judged; (c) to do all in its power to protect and advance the interests of the breed by encouraging sportsmanlike competition at dog shows and obedience trials; (d) to conduct sanctioned and licensed specialty shows and obedience trials under the rules and Regulations of the American Kennel Club.

As in agility, courses are designed by the judge and are different in every trial.

Our goals are to encourage and promote the breeding of pure - bred Golden Retrievers and to do all possible to bring their natural qualities to perfection; to urge members and breeders to accept the standard of the breed as approved by The American Kennel Club as the only standard of excellence by which Golden Retrievers shall be judged; to do all in our power to protect and advance the interests of the breed by encouraging sportsmanlike competition at dog shows, obedience trials, agility trials, hunt tests and field trials; and to conduct sanctioned and licensed specialty shows, obedience trials, agility trials, and field trials under the rules of The American Kennel Club.

Any spectator - adult, child, or dog - who is NOT well - behaved as judged by the trial organizers, participants, or staff, WILL be asked to leave.

«The Conduct and Judging of Spaniel Field Trials» - known as the «Blue Book» published by the ESSFTA, the detailed explanation of the rules of judging field Judging of Spaniel Field Trials» - known as the «Blue Book» published by the ESSFTA, the detailed explanation of the rules of judging field tTrials» - known as the «Blue Book» published by the ESSFTA, the detailed explanation of the rules of judging field judging field trialstrials.

(a) To encourage and promote quality in the breeding of apricot and red poodles and to do all possible to bring their natural qualities to perfection; (b) To urge members and breeders to accept the standard of the breed as approved by The American Kennel Club as the only standard of excellence by which they shall be judged; (c) To do all in its power to protect and advance the interests of the breed by encouraging sportsmanlike competition at dog shows and obedience trials;

Objectives of the Club To encourage and promote quality in the breeding of purebred Havanese and to do all possible to bring their natural qualities to perfection; To encourage the organization of independent local Havanese Specialty Clubs in those localities where there are sufficient fanciers of the breed to meet the requirements of The American Kennel Club; To urge members and breeders to accept the standard of the breed approved by The American Kennel Club as the only standard of excellence by which Havanese shall be judged; To do all in its power to protect and advance the interests of the breed and to encourage sportsmanlike competition at dog shows, obedience trials and agility events; To conduct sanctioned matches, specialty shows, obedience trials and agility trials under the rules of The American Kennel Club.

An Oregon judge ruled earlier this month that a complaint filed by more than a dozen young plaintiffs against the federal government — referred to by advocates as «the most important lawsuit on the planet right now» — can go to trial.

As indicated by the trial judge this is a sad case and the result of the medical treatment has been a very unfortunate and unhappy one for the plaintiff.

As Aikens LJ went on to explain, the intentional tort committed by Mr Marsh, having been at home, off - duty and drunk, and having declined the offer to come in, was obviously not at all connected with his employment: the description by the trial judge of being the «spontaneous criminal act of a drunken man who was off duty» was «both graphic and accurate».

In Pounds v Pounds [1994] 1 FLR 775 the Court of Appeal held that a consent order could be approved by a district judge as part of his «directions for trial» when approving the special procedure documents for divorce.

[170]... where the trial judge finds that representation of an accused by counsel is essential to a fair trial, the accused, as previously indicated, has a constitutional right to be provided with counsel at the expense of the state if he or she lacks the means to employ one.

In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.

Today, in federal district court in Wichita, Judge Monti Belot is holding a hearing, at which a government expert will apparently try to convince the judge that two defense witnesses should be precluded from testifying at trial, as «Rwandan witnesses are inherently unreliable because they're controlled by the government of the African nation.&rJudge Monti Belot is holding a hearing, at which a government expert will apparently try to convince the judge that two defense witnesses should be precluded from testifying at trial, as «Rwandan witnesses are inherently unreliable because they're controlled by the government of the African nation.&rjudge that two defense witnesses should be precluded from testifying at trial, as «Rwandan witnesses are inherently unreliable because they're controlled by the government of the African nation.»

However, the Judge pointed out that that situation was already contemplated and dealt with in the form of licence which Mr Justice Birss had determined following the Unwired Planet trial, and which had been adopted by Conversant Wireless as part of their FRAND offers.

Yet, as we all know, your average case law update spends maybe two paragraphs describing the impact of the ruling and close to 10 or 12 paragraphs setting out the background facts, the arguments by counsel, the findings of the trial judge (with quotes) and the conclusions of any appellate decisions (also with quotes).

The trial will be presided over by judge Lady Justice Hallett, with the audience acting as the jury.

[103] Both the trial judge and the parties describe the expectation of privacy as an expectation that the teacher would not breach their relationship of trust by surreptitiously recording them without their consent.

The trial judge, albeit observing the lack of time records but based upon 33 years of experience as a practitioner, finally awarded $ 180,880 to plaintiff after a reconsideration motion from the defense — this included a 1.25 multiplier to the lodestar found reasonable by the lower court.

The appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.

He has been selected as one of the «Pick of the Judges» in Jefferson County, Kentucky, and has often been listed as one of the top attorneys in the field of divorce and family law, such as by Super Lawyers ® and the National Trial Lawyers: Top 40 Under 40.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resuTrial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resutrial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resutrial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resuTrial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

The Court of Appeal upheld the decision of the trial judge, who used the Guidelines to determine spousal support but concluded that any economic disadvantage suffered by Mrs. Fisher as a result of the marriage was not sufficient to warrant indefinite support.

While I am satisfied that the words, «sufficient reason» should not be interpreted in an expansive manner, but with restraint, I am also satisfied that they must be read in such a way that a trial judge is not forced to deny a party costs where he is satisfied, as here, that justice can only be achieved as between the parties by an award of costs to the successful party.

[19] Without endorsing all of the factors relied on by the trial judge as constituting «sufficient reason» in this case, I am satisfied that there may be circumstances which may constitute sufficient reason for bringing an action in the Supreme Court, thereby triggering its costs provisions, despite the fact that it is apparent from the outset that the award will fall within the monetary jurisdiction of the Provincial Court.

Both the trial judge and the Court of Appeal held that the case was adversarial, and was not being brought for the benefit of or in the interests of the plan as a whole, but for the particular class of plan members representative by the plaintiffs.

75 The jurisprudence relating to sentence reduction as a Charter remedy has recently been reviewed by the Supreme Court in R. v. Nasogaluak, 2010 SCC 6 (S.C.C.), decided after this case was argued before the trial judge.

Rather, the Court agreed that the application judge, leaving the choice of dispute resolution proceedings open to the parties granted better flexibility and that a trial would not grant any material advantage as argued by the appellant.

As demonstrated supra, at 424 - 426, by the time the Fourteenth Amendment was ratified in 1868, the power of judges to order new trials for excessive damages was well established in American courts.

Only three days after Judge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&rJudge Kaplan's spectacular ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.&rjudge's finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by plaintiffs» lawyers.»