Sentences with phrase «by the courts as»

Two earlier efforts were struck down by the courts as lacking adequate backing in law, until the most recent 2015 plan was upheld last year.

He appeared to drop many of these ideas after facing political blowback, or at the behest of staffers, though some of his signature initiatives, such as the first travel ban, have been blocked by courts as unconstitutional.

We estimate recoveries could potentially range from 30 percent or less for subordinate, unsecured or appropriated debt to as high as 100 percent for bonds that are deemed by the courts as secured.

So, the ones that do, are often percieved by the courts as automatically being great dads because they want their children full time and there must be a reason why.

Per a ruling by a tribunal in Manchester, Iheanacho's plea to have his contract terminated with First Eleven in favour of a switch to Stellar group was rejected by the club, with the US based company also confirmed by the court as the real owners of his image rights.

As a fully NHTSA certified technician, my service and rates above also qualify as the mandatory instructional course required by the court as per section 6a of the new law.

Richmond County District Attorney Daniel M. Donovan Jr. has been appointed by the court as special prosecutor to investigate allegations surrounding Assemblyman Vito Lopez.

Sam Suzuki, the slumlord who got prison time for ignoring court orders to repair his crumbling apartment building on E. 172nd Street, was released from jail this week but could be sent back by the courts as early as next week.

I took the decision because taking full cognisance of the several cases in court as a lawyer and without delving into any analysis here for obvious reasons, I am convinced Sheriff will soon be vindicated by the court as National Chairman.

The leader of the prosecution defence, Tayo Olukotun, lamented that the defence counsel's cross examination of the witnesses was ambiguous as it went outside the statement made by Ennah and was admitted by the court as exhibit.

So we now have two novel theories of how vaccines might contribute to ASD — both ADEM and mitochondrial dysfunction are recognized by the Court as contributing factors.

The Official Receiver has been appointed by the court as liquidator along with partners at PwC, appointed as special managers.

According to the FDCPA, Section 809 (c) «The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.»

[9] Courts have held that a bank may freeze a HELOC in instances where a home's value decreases substantially, which is deemed by courts as a 50 % reduction in value.

``... purpose of the act has been again and again emphasized by the courts as being of public as well as private interest, in that it gives to the honest but unfortunate debtor... a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.»

However, the failure of a consumer to dispute the validity of a debt may not be construed by any court as an admission of liability by the consumer.

If possible, hire a lawyer who is willing to accept the amount awarded to you by the court as the entire fee for representing you.

She has been deemed by the courts as an expert in animal cruelty / animal fighting.

Attempts have been made by the Democrats to put limits on this funding like a cap, but they have been struck down by the courts as being «unconstitutional» and in conflict with free speech requirements.

The case has been bogged - down in procedural filings, but it could be heard by the court as early as this summer.

This is because obvious characterizations, e.g., «X is a slimeball,» are understood by the courts as not - objectively - testable factual assertions, and, therefore, they can not be «true» or «false.»

But the agency's efforts have so far been rebuffed by the courts as an overreach: Under the weird legal regime that governs mining, it's the Army Corps of Engineers, not the EPA, that has the ultimate say - so over those permits.

Generally speaking, in most industries, non-competes, restrictive covenants or liquidated damage provisions are looked at with disfavor by courts as limiting an employee's options, competition, and the free market.

For example, prior to the implementation of PPOs by the Courts Act 2003, consideration of their precursor, structured settlements (which could not be ordered by the Court as the regime was consensual), was greatly assisted by such an arrangement.

However, the formula and process information of Clamato was used to derive the different new product, described by the court as a virtual copy without clams.

Note: The issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

If not, what would be the standard required by the Court as regards the progress of the negotiations?

There was, however, a significant question as to his mental capacity based on the fact that the client was a victim of Huntington's Disease, noted by the court as «a genetic brain disorder that results in the progressive loss of both cognitive functions and physical control.»

And sometimes doing so is deemed by the courts as inappropriate for them to do.

If the paying party does not agree settlement on a provisional damages basis then the injured person would need to issue court proceedings to seek a determination by a court as to whether there will be an order for provisional damages.

Jay has also been engaged by many attorneys as expert witness in numerous professional liability cases and he has been appointed by the courts as Arbitrator, Mediator, Special Fiscal Agent or Receiver in numerous matters.

The Commission indicated that the aid's compatibility was to be assessed according to Article 93 TFEU, and consequently according to Regulation (EC) 1370/2007, which is considered by the Court as an implementation of Article 93 TFEU.

Accordingly, it will be the recommendation of the undersigned Magistrate Judge that a nominal and equal sanction be imposed against Attorneys -LSB-...] with the sanctions to be paid to the Office of the Clerk within 60 days, provided however, that counsel can petition the Court to set aside the monetary sanction by agreeing to attend and successfully complete within the next year, a Continuing Legal Education («CLE») seminar approved by the Court as hereinafter specified.

The Court of Appeal proceeded on the basis that Mr Edwards would succeed in establishing all the allegations made in his claim, which were summarised by the Court as follows:

The significant question is whether such a statement as «no copyright infringement intended» will be viewed by the courts as evidence to suggest innocent infringement or rather as evidence to support willful infringement.

For example, it might be possible to transfer assets into a family limited partnership that has both estate planning and asset protection benefits however, if moving such assets into a Family Limited Partnership or Trust is designed to remove the asset out of the marital estate in contemplation of divorce in order to defraud the soon to be ex-spouse, the transfer may be rescinded by the court as being a fraudulent conveyance.

Any fees paid to Class Counsel must be approved by the Court as being fair and reasonable, and will be paid directly out of the settlement fund.

Our expertise has been recognized by the courts as we acted as defense counsel in some of the leading cases that resulted in legal precedent by the Supreme Court of Puerto Rico in areas such as prescription of tort actions, the extent of Plaintiff's burden of proof and case in chief in a premise liability case, as well as the apportionment of comparative negligence in trip and fall accidents involving stationary fixtures.

The successful Birmingham pilot scheme is extended to every mercantile and construction court in October this year and the vision is that ultimately every multi-track case, whatever the subject matter, will be scrutinised with care at the outset with the parties being given thorough guidance as to what steps and expenditure is seen by the court as proportionate or not.

This argument was not permitted by the court as it had not been raised in the case stated prepared by the district judge and no application had been made by the appellant to amend that document.

First, parties are encouraged to agree on a single joint expert pursuant to sections 231 and following, and a joint expert may be imposed by the Court as part of its new extensive case management role.

That Mrs Staveley's sons stood to gain from death benefits under the personal pension plan was a side consideration (phrased by the court as «the other side of the coin») as the sons would benefit under Mrs Staveley's will in any event.

The «all inclusive» language was specifically cited by the Court as the reason for differentiating between Wood and Roden.

To this end, «a party to a civil case is entitled to have the jury qualified by the court as to any insurance carrier with a financial interest in the case,» Ford Motor Co. v. Conley, 294 Ga. 530, 550 (2014), for even when the insurer may not be a direct party to the action, a relationship with a non-party insurer with a pecuniary interest may sway a putative juror's vote.

Similarly, a gain in value on an unsold family home or house proceeds from sale used to buy a new family home are unlikely to be viewed by courts as a source of income for Surrey spousal and child support purposes.

First, although the position is unclear, accrued annual leave entitlement might be regarded by the courts as equivalent to the employee's salary in which case, the restrictions regarding deductions from salary will apply.

Deadline in Huronia trial pushed back by court as former residents report «roadblocks» in claims process, Toronto Star

Many of us assumed reasonably that this would be an additional head of damages claimed, given the modest amount recognized by the court as reasonable for privacy breaches.

When different persons combine their lawsuits because the facts and the defendant are so similar and where a single litigant's case is heard by the court as representative of all (together, called a «class»).

Under this plan the attorney will take a percentage of the settlement that you accept from the insurance company or are awarded by the court as payment.