Sentences with phrase «case on one's merits»

In other cases, we have assisted environmental groups in briefing and arguing cases on the merits.

It addresses why our system is not achieving its fundamental goal of achieving fair, timely and cost - effective determination of civil cases on their merits.

It's not that they don't have a strong case on the merits.

As such, deep pockets and a high tolerance for risk are often critical to pursue a good case on the merits.

These amendments allow the judges to hear cases on their merits in order to eliminate any harsh outcome or unfair decision for failure to comply with the «mirror - image rule.»

Under Illinois law, a default judgment is a drastic remedy and Illinois courts have a long and strong policy of deciding cases on the merits instead of on procedural grounds.

She has an outstanding record, disposing of cases early through aggressive case strategy, defeating cases on the merits, compelling individual arbitration, and successfully challenging class certification.

(2) Securing the just, speedy and inexpensive determination of a family law case on its merits includes, so far as is practicable, conducting the family law case in ways that are proportionate to

The standard that must be reached is the same as that developed by the case law — the shareholder must have a prima facie case on the merits to obtain leave.

The Commissioner maintains that the Commission considers cases on their merits and that it does not discriminate against US companies.

That's fully briefed cases on the merits.

Justice David Brown delivered a paper on 21 November 2014 at the Carleton County Law Association Annual Meeting in which he sets out a 5 point action plan for moving the judicial system towards achieving its fundamental goal — the fair, timely and cost effective determination of civil cases on their merits.

In his decision Thursday, Judge William Orrick said the plaintiffs were likely to prevail in the case on the merits because the BLM's reasoning was «untethered to evidence.»

On Friday, Silver asked the appeals court to delay sending the case back to a lower court, where it would be retried, until he gets a shot at asking the US Supreme Court to toss the case on the merits.

«I am confident the court will hear the case on its merits.»

So judges will have to look at every case on its merits.

To win a stay of the clean power rule, energy companies or states will have to show both that they face «immediate, irreparable harm,» and have a good chance of winning the case on its merits.

(In September, the appeals court stayed the injunction temporarily while it hears the case on its merits.)

And there have certainly been advocates, like Mike Petrilli, who argued the case on the merits.

Led by the FEA, the groups have appealed to the state Supreme Court, hoping the highest court will allow them to argue the case on its merits.

DOT subsequently issued an Order on November 2, 2015 requesting that the Joint Applicants provide additional information in order to establish a complete record with the substantive information needed to allow DOT to evaluate the case on its merits.

Having waited until the purportedly infringing and diluting tablets had been on the market for almost a year, the Court sees no grounds for invoking the extraordinary and drastic remedy of preliminary relief that would reverse the status quo ante before the parties have had the opportunity to try the case on its merits.

The Court, therefore, should have reviewed the case on the merits and struck down the waiver as exceeding the EPA's authority under CAA Section 211.

And, if they are engaged in arbitration, they need to forget about the rules of civil procedure and the motion strategies they use in litigation and focus on winning the case on the merits in a timely and efficient way.

In the ordinary procedure, the responsible court then had more leeway to judge the case on its merits.

However, the worry was that the Government could simply concede the case on the merits and avoid having to argue the constitutional issues in court.

Nonetheless, regardless of who ought to have won the case on the merits, both sides deserved a better explanation for why the trial judge preferred this bit of conflicting evidence over that bit.

The dissenting justice did not set aside the judgment because of the copying, but reviewed the case on its merits, and determined that the actions against Dr. Steele, Dr. Edris, the Hospital and Nurse Bellini should be dismissed.

On a motion opposing the long arm jurisdiction of the Ontario court, the defendants attempted to rely on Van Breda to extend its holding beyond assuming jurisdiction to decide a case on the merits.

As a result, the Charter applies in every judicial instance where the fee is due, regardless to whether EU law is then applied to the case on the merits.

Although the courts assess every case on its merits, a judicial finding of «just cause» for dismissal is infrequent, and is generally made only in cases where the employee has committed a very serious transgression, such as fraud.

Ultimately, which Court eventually hears the case on the merits might depend on the scope of their jurisdiction, doctrine of forum non conveniens (or any equivalent doctrine), as well as the particular facts of each case.

Giving the arbitrator the power to decide all procedural and other pre-trial matters, as well as determining the case on the merits, greatly streamlines the process.

Also known as the Grant test, the section 24 (2) analysis balances the «seriousness of the Charter - infringing state conduct, the impact of the breach on the Charter - protected interests of the accused..., and society's interest in the adjudication of the case on its merits.»

The judge reminded us that parties should not construe this rule as an invitation to treat summary trials as anything other than a full trial but rather should come prepared to deal with the case on the merits.

If there are no legal motions to pursue, the client must decide whether to proceed to trial and defend the case on its merits or negotiate a settlement.

It was apparent that the complex law of patent infringement and the overwhelming jury instructions made it all but impossible for the Apple v. Samsung jury to really decide the case on its merits.

Therefore, in the described situation, the employer generally can not bring a case on the merits to a state court (notwithstanding whether there are any preconditions to arbitration and if they were fulfilled).

[657] In Kerr v. Baranow, 2011 SCC 10 (CanLII), the Court emphasized that when considering the factors that come into play when support is sought in relation to a period predating the court order, the exercise of judicial discretion requires flexibility and a holistic view of each case on its merits.

A lawyer will be able to evaluate your case on the merits, give you advice about what your case is really worth, and if necessary take the insurance company to court.

24 (2) analysis, society's interest in the adjudication of each case on its merits is tempered by the fact that arresting a person where the officer fails to recall even the most basic procedural requirements of the ASD would bring the administration of justice into disrepute.

I am thinking, in particular of rules designed to encourage parties to settle their disputes, for example by making a party that refuses a reasonable offer to settle responsible for costs even if it wins the case on the merits.

The Honourable Justice Simon Hébert was designated by the Chief Justice of the Superior Court to hear the case on the merits.