Sentences with phrase «at issue in the case»

Even if a jury finds that Uber stole Waymo trade secrets, Uber says in court filings that its engineers have designed around the Waymo technology at issue in the case.

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

Whatever the Court may have intended by its Casey language, he said, one simply can not excise it from context and apply it willy - nilly to facts that were not even remotely at issue in the case.

«In the end, I understand that the street names at issue in this case — Avidita Place, Fourberie Lane, and Cupidity Drive — are not that important to Staten Islanders; instead the real importance is that they are officially made part of the city map,» Oddo said in a statement Thursday.

«The mountain of evidence we put on at trial proved — beyond any reasonable dispute — that the irrational, arbitrary and abominable laws at issue in this case shackle school districts and impose severe and irreparable harm on students,» he said, in a statement.

At issue in the case of M.R. v. Ridley School District, is whether school districts must continue paying for a student's private placement once a court finds the school district provided the child with a free appropriate public education (FAPE).

Noting that the «parties devote a significant portion of their briefs discussing the question whether the constitutional provisions at issue in this case are so - called «Blaine amendments»» originally motivated by anti-Catholic nativist sentiment, the court found that «none of the parties has produced any authority suggesting we may disregard constitutional provisions merely because we suspect they may have been tainted by questionable motives.

The assistance Futernick provided the defense might have been undercut to a degree during cross examination by Kyle Withers, who solicited an acknowledgement from him that none of his research or opinions related directly to the statutes at issue in the case.

In fact, the college scholarship program at issue in the case permitted the choice of religious schools; it only prohibited scholarship students from pursuing a religious vocation — i.e., majoring in «devotional theology» — with their scholarships.

At issue in the case is whether the State's public education finance system meets the adequacy and equity standards required by the Connecticut Constitution (PROPOSED STATEMENT OF FACTS, Plaintiffs» Preliminary Findings of Facts and Conclusions of Law, January 5.

The anticompetitive acts at issue in this case directly affect the sale of trade e-books to consumers.

NoteWorld is the backbone of the illegal debt adjusting industry and it facilities the unlawful conduct at issue in this case.

The patents at issue in the case are owned by Cornell University and are licensed to OptiGen for canine genetic testing related to progressive retinal atrophy (PRA - prcd), Collie eye anomaly (CEA), congenital stationary night blindness (CSNB), and Retinal dysplasia / Oculoskeletal dysplasia (RD / OSD).

«At bottom,» the motion continues, «it appears that Mr. Clark will be called to testify to the ultimate fact at issue in this case: whether Defendant poisoned cats... However, Defendant has not proffered that Mr. Clark has any specialized knowledge of or experience regarding Defendant's behavior.»

«While we're glad the court was able to see the aesthetic difference of 25 of Richard Prince's works, there's no clear articulation of why the other five paintings at issue in this case were not judged as similiarly valid.

At issue in the case was whether the Microsoft emails are beyond the reach of domestic search warrants issued under a 1986 law, the Stored Communications Act.

At issue in the case was whether the Stored Communications Act allowed prosecutors to use a warrant to obtain Microsoft emails stored on one of its servers in Ireland.

In fact, similar elements of the two designs at issue in this case also may be seen in the original Georgian style of the original alumni hall.

While some judges, particularly those in the family division of the Ontario Court of Justice, may apply the rules in a manner that is meaningfully proportionate to the complexity and importance of the matters at issue in a case, such latitude is not often extended.

Be this as it may, this case does not stand on its own, since the free movement of capital in relation to OCT was also at issue in case C - 384 / 09 Prunus.

The Ohio secretary of state's policy on cleaning up the voter rolls is at issue in this case.

At issue in the case was a challenge to the validity of the will of Bartley J. King, with some of his children and grandchildren raising questions of capacity and undue influence in the making of the will.

The animals at issue in this case do not live in the EU.

The Court's reference (Tsilhqot» in at para 136) to R v Marshall, [1999] 3 SCR 533 as support for the proposition that interjurisdictional immunity does not apply where provincial legislation conflicts with treaty rights is also puzzling, as the applicability of provincial law was not at issue in that case — Marshall involved a prosecution under federal legislation, the Fisheries Act.

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

At issue in that case was the nature of the competence of the EU to negotiate and conclude a Council of Europe Convention on the protection of the rights of broadcasting organisations.

First, the Court was asked to illuminate the criteria to be applied for considering that a rebate scheme as the one at issue in this case is abusive.

At issue in case C - 615 / 10 Ins Tiimi is the procurement of the Finnish defense authorities of tiltable turntable equipment.

I want to look in particular at van Breda, which deals at length with jurisdiction simpliciter and with forum non conveniens, with a discussion of real and substantial connection and a sideways glace at enforcement of foreign judgments (not yet at issue in this case, of course.)

(Political candidates are arguably a different matter and certainly involve a more complex analysis to determine if the Johnson Amendment applies to a public university, but that isn't at issue in this case.)

At issue in the case was the registration requirement that s. 239 of B.C.'s Election Act imposes on sponsors of election advertising.

Sabadia had claimed he received documents from Holland & Knight and communicated with one of its partners, W. Reeder Glass, leading him to believe the firm represented him in the transactions at issue in the case.

The German authorities» actions at issue in this case before the ECJ concern the issuing of a water use permit in 2008.

Asked whether he was admitting liability for downloading and distributing all 30 songs at issue in the case, he answered «yes.»

In any case, Bot holds that constitutional identity is not at issue in the case at hand, basically because Spain itself had stated it is not.

That decision will be much more important since the software patents at issue in that case are potentially much broader than the iPad design patent and allegedly cover techniques that are found in many other products (other Samsung products as well as third - party products).

Although B&B Hardware did not specifically mention AIA inter partes review or post grant review proceedings, the parallels between TTAB opposition proceedings at issue in that case and administrative proceedings before the Patent Trial and Appeal Board («PTAB») suggest that preclusion could be hotly contested in future cases.

Indeed, that's how the Court characterizes its holding: «'' [B] ased on our analysis of the totality of the circumstances, we hold that Brooks voluntarily consented to the searches at issue in this case.»

The 1999 SCC decision of M&H had already put the issue on the legal radar screen, and while the recognition of same - sex marriage wasn't at issue in that case (it dealt with rights as common law partners), it left little doubt as to where the court would go in the future, if need be.

Windsor, of course, did not expressly announce the level of scrutiny it applied to the equal protection claim at issue in that case, but an express declaration is not necessary.

The devices at issue in these cases have included remote glucose monitoring devices, surgical robotics, artificial hips, spinal implants, and cardiovascular stents.

Some interveners argued that the effects of the government (in) action at issue in this case disproportionately affected vulnerable minorities.

Given the fact that there is no Dutch part of the European Patent at issue in this case, the «real connecting link» might be difficult to establish (perhaps, although far from impressive, the fact that both Belgian companies belong to the same group as the Dutch defendant (i.e. Honeywell)-RRB-.

The federal courts collected $ 920 million in Pacer fees from the beginning of fiscal 2010 to the end of fiscal 2016, the period at issue in the case.

There wasn't any evidence that Gisriel had acted dishonestly or botched other cases — and even if there had been such evidence, only the check cashing was at issue in the case.

Roberts actually argued that, regardless of whether gender discrimination was covered by the act at issue in the case, the clinic blockades were not gender discrimination at all.

Apple owns three design patents at issue in the case.

At issue in the case was whether the state agency had sufficient knowledge of the dangers present and failed to take sufficient measures to correct them.

To the extent that Apple's opening presentation references past events in which Steve Jobs was the protagonist, such as major product launches, there may be a factual basis for showing some of the pictures Samsung objects to, though the court might also agree with Samsung that» [t] he use of Mr. Jobs» image in these slides is not relevant to the specific intellectual property rights at issue in this case».

The imposition of the mandatory minimum sentence at issue in this case would have disproportionately negative consequences for women because of the nature of their involvement with the drug trade, this impact of incarceration on child custody and motherhood, and the likelihood that BC women will be jailed far from their home communities.