Sentences with phrase «by evidence at»

Negligent mode of operation instruction was warranted by evidence at trial of slip and fall action against discount store.

July 07, 2010 39 So.3 d 484 2010 Negligent mode of operation instruction was warranted by evidence at trial of slip and fall action against discount store.

The Virginia Circuit Court in the Attillis case was reversed on its findings with respect to a $ 75,000 long - term capital loss carry forward and a $ 40,070 short - term capital loss carry forward as unsupported by the evidence at trial.

Our strategy in tackling homelessness has been informed by evidence at every stage, which has helped us to achieve reductions in both rough sleeping and statutory homelessness.

Whether Hitler actually truly believed in god can be debated, but going strictly by the evidence at hand, Hitler was a christian.

The point is that Christians need so many answers, none of which is supported by any evidence at all, whereas the atheist only needs one answer for all of them: There is no God.

Not exact matches

Regulators such as the Financial Services Commission of Ontario have also strongly expressed the opinion that telematics devices should be used primarily for the benefit of the consumer, and to help individuals become better drivers (as evidenced by a presentation given by the FSCO at a UBI Symposium this past February).

You can't do it all on day one, as evidenced by the mayhem that occurred at Warby Parker when it launched and couldn't handle the volume of orders.

The director would not say whether the probe has turned up evidence that Trump associates may have schemed with Russians during a campaign marked by email hacking that investigators believe was aimed at helping the Republican defeat Democrat Hillary Clinton.

Encouragement and appreciation can also prompt employees to give you their best work, as evidenced by a study conducted at the Wharton School of the University of Pennsylvania.

Topics included: early reporting on inaccuracies in the articles of The New York Times's Judith Miller that built support for the invasion of Iraq; the media campaign to destroy UN chief Kofi Annan and undermine confidence in multilateral solutions; revelations by George Bush's biographer that as far back as 1999 then - presidential candidate Bush already spoke of wanting to invade Iraq; the real reason Bush was grounded during his National Guard days — as recounted by the widow of the pilot who replaced him; an article published throughout the world that highlighted the West's lack of resolve to seriously pursue the genocidal fugitive Bosnian Serb leader Radovan Karadzic, responsible for the largest number of European civilian deaths since World War II; several investigations of allegations by former members concerning the practices of Scientology; corruption in the leadership of the nation's largest police union; a well - connected humanitarian relief organization operating as a cover for unauthorized US covert intervention abroad; detailed evidence that a powerful congressional critic of Bill Clinton and Al Gore for financial irregularities and personal improprieties had his own track record of far more serious transgressions; a look at the practices and values of top Democratic operative and the clients they represent when out of power in Washington; the murky international interests that fueled both George W. Bush's and Hillary Clinton's presidential campaigns; the efficacy of various proposed solutions to the failed war on drugs; the poor - quality televised news program for teens (with lots of advertising) that has quietly seeped into many of America's public schools; an early exploration of deceptive practices by the credit card industry; a study of ecosystem destruction in Irian Jaya, one of the world's last substantial rain forests.

These risks and uncertainties include, among others: the unfavorable outcome of litigation, including so - called «Paragraph IV» litigation and other patent litigation, related to any of our products or products using our proprietary technologies, which may lead to competition from generic drug manufacturers; data from clinical trials may be interpreted by the FDA in different ways than we interpret it; the FDA may not agree with our regulatory approval strategies or components of our filings for our products, including our clinical trial designs, conduct and methodologies and, for ALKS 5461, evidence of efficacy and adequacy of bridging to buprenorphine; clinical development activities may not be completed on time or at all; the results of our clinical development activities may not be positive, or predictive of real - world results or of results in subsequent clinical trials; regulatory submissions may not occur or be submitted in a timely manner; the company and its licensees may not be able to continue to successfully commercialize their products; there may be a reduction in payment rate or reimbursement for the company's products or an increase in the company's financial obligations to governmental payers; the FDA or regulatory authorities outside the U.S. may make adverse decisions regarding the company's products; the company's products may prove difficult to manufacture, be precluded from commercialization by the proprietary rights of third parties, or have unintended side effects, adverse reactions or incidents of misuse; and those risks and uncertainties described under the heading «Risk Factors» in the company's most recent Annual Report on Form 10 - K and in subsequent filings made by the company with the U.S. Securities and Exchange Commission («SEC»), which are available on the SEC's website at www.sec.gov.

«(Boomers) do take up a large part of the workforce, but there's absolutely no evidence that they're crowding out jobs that otherwise would be filled by young people,» said Tammy Schirle, an economics professor at Wilfrid Laurier University.

The group and a city councilman said at a press conference that they had uncovered evidence that Kushner Companies, the developer headed by Kushner until early last year, had falsified more than 80 work permits involving 34 buildings in New York.

«We did that review by increasing engagement with communities, by meaningful consultation with Indigenous Peoples, by looking at the science and the evidence and also looking at the project in the context of our climate plan, and we approved that project,» she said in Victoria.

We suspect that 2H16 EPS guidance is challenging for Valeant to make, as evidenced by Valeant's inability at our recent conference to strongly confirm its guidance.

Emerging evidence makes it clear that the installation of software to defeat emissions controls was not the result of some rogue operation — it was driven by decisions made by the company's top engineers and approved at the highest levels.

For instance, we were once in a proceeding in which the judge made a ruling on evidence presented at trial by opposing counsel that was going to fundamentally change the outcome of the case.

The lawsuit filed in Santa Clara Superior Court alleged that Anderson violated his contract by attempting to recruit at least a dozen Tesla engineers, taking confidential and proprietary information, and doctoring and destroying evidence to «cover his tracks — all for the benefit of a competing venture he launched while still a Tesla employee.»

They also need to show high - growth potential — evidenced by successfully raising at least $ 345,000 in funding from a qualified U.S. investor or attracting grants of at least $ 100,000 from federal, state, or local governments.

It will only go after manifest violations,» said Georg Berrisch, partner at law firm Baker Botts, who noted the fertile ground the Commission may have in evidence turned up in 2014 by leaked data from Luxembourg.

It was a volatile close to the third quarter for the stock market, as evidenced by the fact that the Dow fluctuated by at least 100 points in either direction for five days in a row last week.

As evidence, they cite the decision by Bank of America (BAC) to abandon its plan for debit card fees and the decision of many other large banks not to impose them at all.

«But I'm just struck by the fact that critical reviews may not be as critical as the market, and the evidence of that is the commercial success of «Bright,» at least according to the company, versus the fact that it got relatively low ratings from the critics.»

«At Rubicon we readily acknowledge that there remains work to be done to truly transform this industry into one that prioritizes recycling and sustainability in a way that's cost - effective and driven by technology, but our success and our competition's reaction to that success are evidence that we are on the right track.»

The company's share price provides the most visceral evidence: it peaked in 2008 at $ 149.90, and has since crashed by 95 %, dropping to less than $ 8 at press time.

Pollock, whose documentary, «Strange Fruit,» premiered at the South by Southwest Festival on Saturday, claims the new security tape featured in the film points to a cover - up of evidence on the part of Ferguson police, and a false narrative painted about Brown by city officials.

It's probably not going to be possible to have a jury of people that have never heard of the bands, that have never heard the music, but the real question is, even with that understanding, can they only focus on the evidence that's being presented by the parties at trial and only use that evidence and nothing from their own life experience outside of the courtroom to make that decision?

The IARC evaluates substances suspected of causing cancer in humans, and arrives at its classifications by convening a working group of international experts to review and assess the strength and quality of the evidence — in this case, more than 800 studies.

But whether Bitcoin can actually replace gold (let alone traditional government - backed currency) has been a matter of fervent debate — quite literally, as evidenced by an event last week entitled «Gold Versus Bitcoin,» held at a New York comedy club, in which well - known gold proponent (Jim Rickards debated James Altucher, a self - help author now peddling Bitcoin investment advice under the moniker «crypto - genius.»

Yet by now, officials said, intelligence analysts would also have expected to have culled from electronic intercepts of overseas conversations at least some secondary evidence that the Russians might be involved — suspicious telephone or email conversations, suggestive messages, movements of Russian agents — something.

And yet, the Yahoo host has probably given at least as much help to him as any TV news channel, by providing evidence that the media conspiracy he keeps shouting about actually exists.

By offering strong evidence of mini flash crashes increasing transaction costs through widening the desired execution price between a market's buyers and sellers, while at the same time decreasing the number of opportunities to buy and sell in a market, Golub et al. [21] corroborated and quantified the intuition that mini flash crashes do indeed harm market liquidity.

Here's a look at why that is, evidenced by two cases that demonstrate social media's power to make or break brands.

The rapid increase in membership at the not - for - profit WA Sustainable Energy Association is evidence of the growing acceptance by industry of a carbon - restrained future, according to chief executive Ray Wills.

Europe's technology sector has made «a lot of progress» in the last five years, says Clif Marriott of the Technology, Media and Telecom group in Goldman Sachs» Investment Banking Division, evidenced by the increasing number of unicorns — private companies valued at over one billion dollars — in the European tech scene, the homecoming of the continent's top talent and the high number of successful IPOs of European companies.

The reason Keynesianism got such a boost post-crisis was not for any real - world examples of its success — the list of its failures, by contrast, is lengthy — but because of the assertion, accepted far too quickly with far too little evidence, that monetary policy, at the fabled Zero Lower Bound (interest rates of near zero) had lost its effectiveness.

«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.

All three of these reasons — evidence that U.S. monetary policy is currently only moderately accommodative, the fact that U.S. financial conditions have been influenced by economic and financial market developments abroad, and risk management considerations — argue, at the moment, for caution in raising U.S. short - term interest rates.

Wylie previously told the committee he thought Kogan had run into problems with the rate at which the GSR App was able to pull data off Facebook's platform — and had contacted engineers at the company at the time (though Wylie also caveated his evidence by saying he did not know whether what he'd been told was true).

This clear evidence of Steele's bias was recorded by Ohr at the time and subsequently in official FBI files — but not reflected in any of the Page FISA applications.

Commenting on the 2015 Human Spaces report when it was released, organisational psychology professor Sir Cary Cooper said: «The benefit of design inspired by nature, known as biophilic design, is accumulating evidence at a rapid pace.

We know a lot from various kinds of evidence: a) the experience of the real estate sector, where recent studies by Macdonald Realty and Re / Max have confirmed the dominance of foreign buyers at the top end of the market especially, as stated for years by individual realtors (accounts often denigrated as «anecdotal»); b) there is the digging of several investigative journalists, and most notably by Ian Young of the South China Morning Post who has boldly and effectively raised issues native journalists have sometimes shied from; c) academic work, including the books by Katharyne Mitchell (2004) Beyond the Neoliberal Line and David Ley Millionaire Migrants (2011).

But this still did not give the authorities effective monetary control, as evidenced by the limited success in achieving the monetary targets that were in place at that time.

(6) Regardless of the terms of any agreement evidencing an Incentive Award, the Committee shall have the right to substitute stock appreciation rights for outstanding Options granted to any Participant, provided the substituted stock appreciation rights call for settlement by the issuance of shares of Common Stock, and the terms of the substituted stock appreciation rights and economic benefit of such substituted stock appreciation rights are at least equivalent to the terms and economic benefit of the Options being replaced.

It's telling that not only is the content of Trump - centric policymaking terrible but that, as evidenced by a must - read report from Stephanie Ruhle and Peter Alexander at NBC News on the tariffs» unveiling, Trump appears to have no idea how to do the job of president:

The company's frat - like work environment was in evidence both during a 2014 outing in South Korea when Kalanick and other executives went to a karaoke bar that allowed male guests to select paid «hostesses» by number — leading to an HR complaint by one one female manager in the group — as well as at a Las Vegas retreat in 2015 where one male employee groped a fellow employee and another brought a prostitute to his room.

One study provides evidence consistent with one explanation of the overall lack of strong findings: optimal board structures may vary by firm size, with smaller firms benefiting from a unified chair / CEO position, with the clarity of leadership that structure provides, and larger firms benefiting from the extra monitoring that an independent chair may provide given the greater risk of «agency costs» at large companies.

By the way, every year I remind my students that great grades and successful entrepreneurs have at best a zero correlation — and anecdotal evidence suggests that the correlation may actually be negative.

Despite higher oil prices and improved liquidity relative to the 2016 trough, foreign currency liquidity shortages remain, as evidenced by the still significant gap at around 100 % between the parallel market exchange rate and the official dollar exchange rate.