Sentences with phrase «basis of any court case»

That will be the basis of any court case.

Not exact matches

Subiaco - based resource exploration company TNG has been awarded damages of $ 3.5 million after a court case that spanned more than a decade, but has cautioned that the impact of the «extraordinarily complex» judgement remains unclear.

The court case revealed a series of convoluted legal infractions performed by Amanat and Tuzman in their work with the presently insolvent video - technology company, KIT Digital, a former multi-million dollar leader in the cloud - based video management industry.

The U.S. judge has excluded foreign investors, based on a precedent set in a 2010 Supreme Court ruling in the case of Morrison v. National Australian Bank.

It turns out that Eich contributed $ 1,000 to California's controversial Proposition 8, an anti-same-sex marriage bill that passed with broad voter support in 2008, and which became the basis for one of the gay marriage cases argued before the Supreme Court in 2013.

«The court is going to decide this case based on the economic realities of the video distribution and content markets and not on President Trump's public battle with CNN.»

In 2015, New York - based competitor Bounce Exchange filed a suit against Yieldify in a New York federal court, accusing it of copying its code and infringing its patents, in a case that first came to light earlier this year in a report from The Financial Times.

The judicial system does not track civil cases filed in circuit court by the section of law cited, but he does not remember hearing of any lawsuit based on the disparagement law being filed in circuit court anywhere in South Dakota.

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

The provincial government filed a reference case Thursday in the B.C. Court of Appeal asking whether amendments it is proposing to the Environmental Management Act are valid and if they give the province the authority to control the shipment of heavy oils based on the impact spills could have on the environment, human health or communities.

The legal basis for deriving implied powers from the penumbra of other express powers is best seen in Justice Douglas classic opinion in Griswold v. Connecticut.5 In the Griswold case, the United States Supreme Court struck down a Connecticut law prohibiting the use of contraception.

Qualcomm has appealed the South Korean fine in court and contends the FTC's case, which was filed in the waning days of the Obama administration, is based on a flawed legal theory and fails to show harm.

«Based on the advice of counsel, I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District of New York,» Cohen wrote in the filing in Los Angeles federal court.

Based on the evidence in the case, the Tax Court concluded that the taxpayer received gross income in 2012 equal to the value of the services that he provided to the trust.

This is a curious remark as the principle - based fiduciary standard has been articulated through seventy years of court cases and SEC opinions — as a principle - based standard.

And given that Mr. Hogan has had financial ups and downs, the cost of the hundreds of motions his lawyers made is significant, and the chances the award is significantly reduced based on previous cases he lost making the same claims in federal court, it's hard to completely understand the motivations at play.

Wolfe has substantial experience in corporate lawsuits that appear in the Court of Chancery in Delaware, where he is based; he represented National Amusements in the Viacom - Redstone case, along with Walmart as it battled allegations of bribery in Mexico.

NEW DELHI (Reuters)- An Indian court on Tuesday jailed a driver of U.S. - based ride - hailing company Uber [UBER.UL] for life for raping a passenger, in a case that highlighted the dangers faced by women from violent sex attackers.

Close students of the Supreme Court will tell you that they could see this coming: Compassion in Dying is only the first of many cases based on claims of autonomous individualism that the Court invited with its loose and grandiose Casey language.

The amendment would require Oklahoma courts to «rely on federal and state law when deciding cases» and «forbids courts from considering or using» either international law or Islamic religious law, known as Sharia, which the amendment defined as being based on the Quran and the teachings of the Prophet Mohammed.

we send people to death chambers based on reason, deductively and inductively, and ponder evidence that is often extremely unclear and formulate an opinion of truth or in court cases beyond a reasonable doubt.

The ICC, based in The Hague, tries cases of crimes against humanity, war crimes, and genocide when a country's own courts fail to prosecute.

In the federal employment anti-discrimination laws, a specific exception exists for religious bodies that discriminate on the basis of religion, and a couple of years ago, in the Hosanna - Tabor case, the Supreme Court held that the Constitution allows religious bodies to discriminate with respect to the employment of ministers.

Although «secular humanism» is a term used most frequently by Protestant Fundamentalists, it was Justice Hugo Black» in delivering the opinion of the United States Supreme Court in a 1961 case, Torcaso v. Watkins» who distinguished between «religions based on a belief in the existence of God» and «religions founded on different beliefs,» such as «Buddhism, Taoism, Ethical Culture, Secular Humanism, and others.»

In a case similar to the Gaidry case, New Iberia Extract Co. v. McIlhenny Sons, the New Iberia Company had recently recovered damages against McIlhenny Sons in the Supreme Court of Louisiana, on a similar cause of action, New Iberia Extract Co. v. E. McIlhenny, 182 La. 150 [8 T. M. Rep. 189], the decision having been based largely on the judgment of the Court of Appeals for the District of Columbia, cancelling the Mcllhenny Company registration of «Tabasco» as its trade - mark.

Based on Animals Australia's evidence, RSPCA Victoria was able to mount a major investigation of their own, leading to a landmark court case.

If Tigres don't allow Pulido to sign abroad, he's likely to take the case to the Court of Arbitration for Sport, where he's likely to win, based on the previous case of Neri Cardozo's transfer from Boca Juniors to Jaguares de Chiapas.

Now, they're becoming insistent that their role be respected in family court and that the traditional stereotypes have to go,» says Joe Cordell, co-founder of a St. Louis - based law firm whose website notes its «dedication to leveling the playing field for men in family law cases.»

In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no breach of EU law because «if a teacher brought a claim against a school (on the basis that the school, as an employer, had discriminated against them in their remuneration, for example), then the court or tribunal would consider the legislation in this wider context.

It's ABSURD to suggest that ANY U.S. court (at the federal or state level) is going to suddenly ignore over 200 years of American legal precedent and decide a case based on Islamic law.

The Log Cabin Republicans» reply brief Friday said that the Justices» review of that case was opposed by the other challengers based on the argument that the Court should await the development of a full factual record at a trial on the policy's constitutionality.

The Supreme Court, in a case last year involving former Virginia Gov. Robert McDonnell, ruled that corruption convictions could only be based on performance of an «official act» that represented a formal exercise of government power — not just a phone call or a meeting with a lobbyist.

And the case left in its wake a new legal definition of what constitutes public corruption, based on the Supreme Court's ruling tossing the former governor's convictions.

This intriguing revelation by the ICC didn't come as a surprise to some of us who have been following this case since 2010 and have always been of the view that the Supreme Court of Ghana erred in linking Mr.Woyome's claims for works done for the state in 2005 to a waterville contract in 2006 on which basis it asked Mr.Woyome to refund all his entitlement paid him.

Silver's successful appeal was based on a 2016 US Supreme Court ruling that reversed the conviction of former Virginia Gov. Bob McDonnell and limited the definition of «official act» in a corruption case.

«The U.S. Attorney's statements violated no ethical rule, did not unfairly prejudice the defendant, and were consistent with the stated mission of the [Department of Justice],» Bharara's team wrote in a Manhattan federal court filing responding to Silver's motion to have the case tossed based on the prosecutor's post-arrest statements.

Schumer has previously said he believes the timing of the case will help Democrats, based on the idea that if the court upholds the law this summer it will blunt conservative objections, and if the court strikes it down, it removes the issue from the campaign.

Oliverio's statements on behalf LPCiminelli are part of the defendants» legal strategy to move the court case from the Southern District of New York in Manhattan, where Bharara is based, to the Western District in Buffalo.

«This case deserves a fair day in court and we expect the court will rule on this matter based on the merits of the case and nothing else,» the statement read.

Brennan based his complaint on testimony from David Wildstein, the star witness in a Newark federal court case involving two of Christie's former aides, who testified that Christie learned about the lane closures while they were happening — and laughed.

He gave the example of the Richmond v. Croson case in which the Supreme Court ruled that government programs that categorize people on the basis of race must be «narrowly tailored to remedy prior discrimination.»

Former state Senate leader John Sampson became the latest politician to ask for a review of his corruption conviction based on the U.S. Supreme Court's decision last week narrowing federal bribery and «honest services fraud» statutes in the case of former Virginia Gov. Bob McDonnell.

In the same manner, the National Assembly whose law can be struck down by the court on the basis that it is unconstitutional can also amend a law later to override the decision of the Supreme Court as they did in the onshore / offshore oil court on the basis that it is unconstitutional can also amend a law later to override the decision of the Supreme Court as they did in the onshore / offshore oil Court as they did in the onshore / offshore oil case.

(c) And also for * submissions based on the assertion that Mr. Woyome had no contract with the Government of Ghana * and therefore had no valid claims against the Government be determined by the High Court, and not by this Court (the Supreme Court), since they do not involve, according to the relevant case law, the interpretation and enforcement of the Constitution and do not therefore fall within the ambit of the Court's original jurisdiction under Article 130 (1) of the 1992 Constitution.

The court (ICC) in determining the case struck out the Application made to it for arbitration because the court has established that the 2006 contract (signed between Waterville and the Government of Ghana) on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed between Waterville and the Government of Ghana....

In Wisconsin, this was, in part, the basis of their gerrymandering case / challenge that will now be heard by the Supreme Court.

She admitted one court case had been dropped as a result of «poor paperwork» but rejected media claims this was taking place on a more widespread basis.

«This prosecution, based on information provided by someone of utterly unreliable credibility, seeks to criminalize conduct that the Supreme Court of the United States recently found to be not unlawful,» Percoco's attorney Barry Bohrer said in a statement, referring to the high court's recent decision in a case involving former Virginia Gov. Bob McDonCourt of the United States recently found to be not unlawful,» Percoco's attorney Barry Bohrer said in a statement, referring to the high court's recent decision in a case involving former Virginia Gov. Bob McDoncourt's recent decision in a case involving former Virginia Gov. Bob McDonnell.

Based on evidence gathered so far in the matter, a case of Criminal Conspiracy and unlawful possession of prohibited firearms was filed by the Nigeria Police Force at Federal High Court Lokoja on 16th March, 2018 against the two principal suspects (i) Kabiru Saidu a.k.a Osama (ii) Nuhu Salisu a.k.a Small, Senator Dino Melaye and Alhaji Mohammed Audu.

Nana Oye, however, said statistics from DOVVSU showed that out of 1,547 sexual and gender - based violence cases sent to court in 2014, convictions were secured for 160 cases, representing 10.3 per cent and asserted that the way forward was to ensure that the laws were enforced and implementation tracked through an effective monitoring system, in addition to building the capacities of law enforcement institutions, social services and healthcare providers.