Sentences with phrase «case under appeal»

[92] In the case under appeal, it is common ground between the parties that an objective of the insurance policy was to secure a psychological benefit and that, at the time, the parties reasonably contemplated that a failure to pay benefits could cause the respondent mental distress.

Does the terminology «contested» when applied to a case under appeal, mean simply that the defendant is appealing the the appeal, or does it mean something different?

The amicus were asked to address the meaning and scope of the amended Rule 20, while refraining from taking any position on the merits or facts of any of the five cases under appeal.

Not exact matches

Similar kinds of cases are under way in other parts of the country, including a case on appeal in Chicago after a federal judge issued a nationwide injunction barring the government from blocking grant money typically used to help local police combat violent crime and help victims.

Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault conviction overturned on appeal (a higher court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.

Our attorneys successfully have argued appeals in landmark cases under the federal securities laws and the Commodity Exchange Act.

Colonial philosophy still treated the Bible with respect, but, under the influence of the Enlightenment, colonial intellectuals began to employ arguments from nature and reason that could explain the case for morality, liberty, and God without appeals to revelation.

In 1947 a group of American blacks led by W. E. B. Du Bois, under the auspices of the NAACP, had appealed to the UN to redress «the denial of human rights to minorities in the case of citizens of Negro descent in the United States of America.»

He attempted to enforce clerical celibacy, forbade pluralism, (the holding of two or more church offices and drawing the income from them), endeavored to exclude lay interference in ecclesiastical affairs, affirmed the right of Rome to review important cases under canon law and thus increased appeals to the Holy See, ordered that tithes for the support of the Church be given precedence over all other taxes, and took vigorous measures for the suppression of heresy.

Shobert came back streaking; in the final 12 dirt - track races he won four and finished second seven times, not including the Hagerstown, Md. half mile, which he won while his case was under appeal.

These items still take skill and artistic flair to create, and part of the appeal of Folksy to me was the sheer variety of goods on offer and the way that many different types of creativity could be found under the same roof, this seems to no longer be the case and I'm concerned about the further changes to come.

On October 25, 2012, the Court of Appeals held in that case that the United States may ban federally licensed firearms dealers from selling handguns to people under age 21, in a similar suit brought by the National Rifle Association.

Giving the lead judgement, master of the rolls Lord Dyson found the rules governing the appeals process under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases».

Skelos is the second former legislative leader to win his case on appeal in the past two months, after a U.S. Supreme Court ruling revised the laws under which they were convicted.

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

The Court of Appeals said under the separation of powers doctrine, judges can not force prosecutors to bring a criminal case and call witnesses.

The issue is that he died while his case was under appeal.

Two of Sampson's former legislative colleagues, one - time Senate leader Dean Skelos and former Assembly Speaker Sheldon Silver, both contend they should remain free pending appeal because their corruption convictions are likely to be overturned under the new rules established by the McDonnell case.

Should Illsley be sentenced to less than a year in prison, MPs could pass a resolution in the house expelling him under rules that have only been used in a handful of cases and which officials in the Commons are nervous could trigger further appeals under European human rights rules.

In this case, the prospect of flailing one's leg around and barely breaking a sweat sounds a lot more appealing to many people than getting under a barbell and lifting at the limits of one's ability.

In the Buffalo case, Arthur v. Nyquist, the appeals court held that seniority - based layoffs, as called for under a teachers» contract,...

Another federal appeals court has held that the parents of children with disabilities need to hire lawyers in court cases brought under the federal Individuals with Disabilities Education Act.

in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal pursuant to 42 U.S.C. section 11432 (g)(3)(E)(ii)(Public Law 107 - 110, title X, section 1032, 115 STAT.

The case is here on direct appeal under 28 U.S.C. § 1253.

The case is currently under appeal.

The case was under appeal after Judge John Dietz's lower court ruling that the Texas school finance system is unconstitutional because it «fails to provide an adequate, suitable education.»

«The Court of Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»

Under current law, teachers who are fired can appeal their case to a three - member disciplinary commission of a judge and teachers chosen by both sides, a process that can take years to resolve and can cost school districts hundreds of thousands of dollars.

There was a Tax Court case in 2011 whereby a part - time babysitter with no set hours or availability was determined to be self - employed under appeal, but a full - time caregiver for your children is likely an employee.

Although the Fourth Circuit Court of Appeals has not decided the standard of review for § 523 (a)(8) hardship discharges, the district courts within the Fourth Circuit have unanimously reviewed such cases under the de novo standard.

He doesn't expect the court to hear the appeal until at least the fall, but urged that passengers need to be cautious while the case is still under review.

Her case was dismissed but it may be under appeal.

The case was eventually appealed to the Supreme Court, and in April 2007 the Court ruled that carbon dioxide and five other greenhouse gases (GHGs) are pollutants and can be regulated under the Clean Air Act (CAA).

~ If you buttonhole me at the DC Court of Appeals, I promise to autograph any copies of The [Un] documented Mark Steyn shoved under my nose - and don't forget, all profits from book sales and trial merchandise and gift certificates go to prop up my end of this interminable case.

My co-defendants National Review, Rand Simberg and the Competitive Enterprise Institute were appealing the Superior Court's denial of a motion to dismiss the case under the anti-SLAPP law.

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence... was refused a first driving licence in that State on the ground that he did not satisfy, under that State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).

Case 2: Record company EMI has appealed a recent court ruling that the Australian band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.»

This week, the Supreme Court of Canada will hear five appeals including a number of significant cases that will determine the rights of the Crown to «take up» Aboriginal lands under treaty; the right of public - sector workers in Saskatchewan to strike; and the extent of solicitor - client privilege as it pertains to money laundering laws.

On appeal by the claimant, Mr Justice Coulson rejected the suggestion that the case fell under s B of table 6B, as the case did not settle prior to the date of trial.

In this case the Court of Appeal held that the father's obligation under the contact order was to «allow contact» and make the child available.

Ontario Provincial Police investigation records from a civil case in the 1990s left out of school information files ahead of compensation hearings under the Indian Residential School Settlement Agreement are at the centre of an appeal filed last week.

In a recent appeal decision the High Court has thrown out a case on appeal brought under the sometimes controversial Animals Act legislation.

The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Circuit.

At the time of writing, the Ping case is under appeal to the Competition Appeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in thisappeal to the Competition Appeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in thisAppeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in this area.

Hall v. Hall, No. 16 - 1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42 (a) is finally decided, that decision confers an immediate right to appeal.

In HH v RG, 2013 CanLII 90297 (ON HPARB), a case from the Ontario Health Professionals Appeal and Review Board, the Board confirmed that cigarette addiction could be a disability under the Ontario Human Rights Code, but went on to hold that the same could not be used to dictate patient care:

But the WSIA's restrictive approach to mental stress claims (as compared to its more expansive approach to claims involving a physical injury) is now under constitutional scrutiny as a result of a recent case of the Workplace Safety and Insurance Appeals Tribunal («WSIAT»).

The first important matter was that this was not an appeal from any decided case, but from a decision on the interpretation of whether something could be a criminal offence under section 92 of the Trade Marks Act 1994.

Barring a legal defect, he found insurers with cases involving awards under $ 100,000 were the most likely to avoid appealing or later abandon it, and those that reached hearings tended to be upheld.