Sentences with phrase «case law in this area»

The vast majority of case law in this area has held that such consumer fraud actions are preempted by the FDA and that there is no private right for an individual to bring a case in this area.

As a result, the case law in this area remains thin.

Over the years, both New York and federal case law in this area has developed to support protection for transgender individuals on the basis of sex.

There is a wealth of case law in this area in which an experienced solicitor can advise you upon.

The highest - ranking U.S. patent judge has just weakened Apple's position in the EU antitrust proceedings (though he was obviously just concerned with the development of U.S. case law in this area and didn't intend to influence foreign antitrust proceedings).

In contrast, previous case law in this area (e.g. decisions about bonuses) required the employee to show that the employer had acted «arbitrarily» or «capriciously ``: arguably this was a lower threshold for employees than having to show that «no reasonable employer» would have made the decision.

The accommodation principles and analysis will likely be similar as the case law in this area continues to develop.

In both respects, the majority's decision typifies a troubling imbalance that plagues our case law in this area.

This article looks at how the case law in this area has progressed.

Case law in this area must be seen in the light of two purposive ECJ cases involving doctors, SIMAP [2000] IRLR 845, [2001] All ER (EC) 609 and Jaeger [2003] IRLR 804, [2003] All ER (D) 72 (Sep).

To date there have been very little case law in this area as most claims settle out of court.

If the CJEU is using the (evidence of the) existence of a certain cross-border interest as a «docket - management» device, we can only expect further distortions of the case law in an area that is not precisely clear...

In this case (and furthering an unsuccessful strategy to challenge adverse award decisions that, however, has made a fundamental contribution to the development of the case law in this area), Evropaïki Dynamiki challenged the debriefing received from the European Commission both on the grounds that it was 8 days late (although both the GC and the CJEU dismiss this procedural deffect easily on the basis that the delay did not however restrict the undertaking's opportunity of asserting its rights and could not, by itself, lead to the annulment of the contested decisions) and that it was insufficient — ie that the Commission had not provided sufficient reasons to justify the award of the contract to another bidder.

«[It's going to] expand the case law in the area of child support.

With the evolving case law in this area, it can prove problematic and you may find yourself asking questions such as:

While the body of case law in this area is expanding at the appellate level, it is not necessarily adding certainty and clarity.

It is unclear whether provincial domestic violence legislation such as Alberta's Protection Against Family Violence Act, RSA 2000, c P - 27 (PAFVA) can apply on First Nations reserves, as there is currently no case law in this area.

Medical malpractice cases involve complex issues of both law and medicine, particularly in light of extensive recent changes to the legislative framework and case law in the area.

Judges» discretion in deciding whether to exclude the media is broad; however there is limited case law in this area to assist.

There is not significant case law in this area and, in one ruling earlier in the year, Ontario Superior Court Justice Ian Nordheimer found that settlement privilege did not apply at the proffer stage of the «immunity» or «leniency» program offered by the Competition Bureau.

In many cases, his complaints have been successful and a whole body of case law in this area has developed, based on decisions by the agency and the Federal Court.

Although most recent case law in this area has been on the vexed question of whether or not a longstanding agency worker can transmute into the direct employee of the end user, it must always be remembered that the relationship legally with the agency itself has never been simple.

George Vuicic, a partner at Hicks Morley Hamilton Stewart Storie LLP in Ottawa, says the decision finally resolves «a long - standing divergence in the case law in this area.»

Not exact matches

No one has been arrested in the burglary, one of several cases in recent years in which Bay Area law enforcement officers lost guns to thieves and which have prompted legislators to push for tougher requirements for securing weapons.

This is particularly so in a case such as this that involves a largely unexplored area of the law and which would benefit from the full record that a trial provides.»

1 Early law 2 Modern legal cases 3 Intelligent Design and Kitzmiller v. Dover Area School District 4 Movements to teach creationism in schools 5 Recent developments in state education programs 5.1 Development by state 5.1.1 Alabama 5.1.2 California 5.1.3 Florida 5.1.4 Georgia 5.1.5 Kansas 5.1.6 Kentucky 5.1.7 Louisiana 5.1.8 Ohio 5.1.9 Pennsylvania 5.1.10 Tennessee 5.1.11 Texas 5.1.12 Virginia

Savino also has been one of the top election - law attorneys in the area, handling dozens of cases for local politicos in Rockland, Westchester and the Bronx.

Libous, a Binghamton - area lawmaker, was ousted from his Senate seat earlier this month after he was convicted of lying to the FBI in a case stemming from his son receiving a job at a politically connected law firm in Westchester County.

He proposes to create a statewide reconciliation commission to address police / community relations; recruit more minorities into law enforcement; make publicly available race and ethnic data on police actions; buy replacement vests, body cameras and bullet - proof glass for patrol cars in high crime areas; appoint an independent monitor to review police cases where an unarmed civilian dies and the case is not presented to the grand jury, or the grand jury fails to indict.

The BHA's Head of Public Affairs Naomi Phillips commented, «Recent years have seen some of the most compelling challenges to the law and policy on assisted dying in the UK and, if successful, this case could be key in affecting some change in this area.

Waivers should not be sought except in the areas of law enforcement or public health and, even in those cases, they should not be given to administrative personnel, he said.

Though the outcome of this case helped change the law in Ethiopia, the reality on the ground still has not been transformed in all areas, and that is what filmmaker Mehari hopes will happen when «Difret» screens in Ethiopia.

The case involves an attempt by Public Advocates in San Francisco to compel the state to satisfy the law's requirements that all teachers of core subjects be highly qualified, and if some are not, that less - qualified teachers not be employed disproportionately in poor and minority areas.

Human Resources Article by Grace H. Lee Several areas of employment law that impact independent schools are currently in flux due to pending legislation and court cases.

the number of Federal court cases arising under the respective areas of law cited in the No FEAR Act where discrimination was alleged;

Nor am I claiming that the facts in these cases are the same as yours; merely that they highlight the flexible approach that the courts take in such cases, and the fact that this area of law is complicated.

In most cases, mandatory arbitration clearly favors the lenders, who have legal counsel that specialize in this area of law on their sidIn most cases, mandatory arbitration clearly favors the lenders, who have legal counsel that specialize in this area of law on their sidin this area of law on their side.

The European Commission has published «interpretative guidelines» for the flight delay law, referencing case law in a bid to clarify some of the grey areas, but these are not legally binding on the airlines.

Those with more complex cases, such as hardship cases stuck in court or anyone facing trickier areas of law, may find professional help useful.

In one corner stood the predictions of the political scientists and their flow charts, and in the other, the opinions of 83 legal experts — esteemed law professors, practitioners and pundits who would be called upon to predict the justices» votes for cases in their areas of expertisIn one corner stood the predictions of the political scientists and their flow charts, and in the other, the opinions of 83 legal experts — esteemed law professors, practitioners and pundits who would be called upon to predict the justices» votes for cases in their areas of expertisin the other, the opinions of 83 legal experts — esteemed law professors, practitioners and pundits who would be called upon to predict the justices» votes for cases in their areas of expertisin their areas of expertise.

By choosing a legal professional who practices in this specific area of law, all the new local, state, and federal laws, as well as regulations required by the trustee overseeing the case will be fully understood.

07/24/13 - Cleveland Scene - Caged: How Ohio Politicians Keep the State's Puppy Mill Business Booming with Little Regulation 06/27/13 - Animal Law Coalition - Proposed OH Puppy Mill Regulations «Terrible» 05/13/13 - Bargain Hunter - Dog kennel inspectors will be focused on Holmes county, surrounding areas 11/29/12 - The Best Friends Blog - After decades of frustration, a new strategy against puppy mills Excerpt from this article: In the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operationIn the case of puppy mills the greatest efforts have gone into exposing the horrors of factory farming pets, with the intent of generating public support for legislative measures that will improve conditions in high - volume breeding operationin high - volume breeding operations.

When discussing this case last year, one of my law school professors said that even though Exxon had spent $ 3 Billion in clean up, they might have broke even or made a profit on the spill in the long term (skyrocketing gas prices after the spill, competing oil companies being blocked from the area due to the spill).

Although the law is far from settled, this case illustrates one of the many areas in which a company needs to act cautiously when using social media.

A 2007 fisheries case out of Newfoundland, R. v. Lowe, not only contains a thorough canvassing of the law in this area, but also provides a useful fact pattern for analysis.

Whilst there are undoubtedly going to be some businesses that deliberately play the system to save money, the majority of cases I see result from a total ignorance as to how the law in this area works.

«An online - only resource featuring short synopses of recent developments in all areas of law and technology, including significant cases and legislation in the United States and abroad.

They rank the top law firms in three categories: top 10 peer - review rated, which ranks the firms with the highest number of peer - review - rated lawyers; top 10 by activity, which ranks firms in different subject areas by he total number of federal cases during the past two years or total number of transactions; and top 10 by visibility, which ranks firms according to the number of times it has been searched during the past month.

Case law of the European Court of Human Rights supposedly would endorse this view, because there is no support for the proposition that the «core area» of freedom of religion must be limited to private conscience and the freedom to manifest one's religion in private or within the circle of those who share the faith, thus excluding the public manifestation of religion.

They are in - touch with the markets here, and they know what is working and what is not working to drive more profitable cases to area law firms.