Sentences with phrase «challenged in court»

In the biggest Clean Water Act (CWA) case in a decade, the US Supreme Court will soon decide whether government assertions of CWA jurisdiction may be challenged in court.

Better to get your documentation, and policies and practices in order now — before you're challenged in a court of law.

The Superior Court initiated its own guidelines in response to the federal mandate, but its authority to do so was successfully challenged in court.

These more stringent requirements have been challenged in court.

Sometimes, drafts may still be challenged in court, making the entire mediation process useless; however, at least some of the problems will be resolved!

Further, agreements reached via the collaborative law process have rarely been challenged in court; rather, if a change is needed, the collaborative process is often reinstituted.

In sum, utilizing the collaborative process just makes sense when drafting a prenuptial agreement because (i) it aids in transparency and ensures fairness for the less wealthy spouse while (ii) it also provides confidence to the more wealthy spouse that the prenuptial agreement will likely be upheld if ever challenged in court.

Laws such as these have been challenged in court across the United States and have been overturned as unconstitutional in some cases, including in federal district court in Alabama, and the Fifth Circuit Court of Appeals in Mississippi.

Nicotine drug tests used during background screening have been challenged in court, the Southeast Missourian reports, but a federal court in Massachusetts ruled public policy favored a smoke - free society over the right of individuals to smoke on their own time.

Patent trolls often sue with weak software patents, so when they are actually challenged in court, they usually lose.

Trivial patents will be granted and must be challenged in court and overthrown.

We appreciate Apple's implementation in particular, including its six - month delay, because if its use is ever challenged in court, the ample time will allow a judge to coolly and calmly review the constitutionality of any government attempt to compel Apple to lie.

And since arbitrator's decisions are made privately and are unknown to the public unless challenged in court, how will the track record of arbitrators relating to jurisdictional matters be judged?

Have these police lockdowns been challenged in court or been declared unconsitutional by a court?

No, a law's constitutionality under the federal constitution can be challenged in any court, as the bolded text makes clear.

This is the second high - profile defeat for so - called «super-injunctions», which forbid disclosure of the fact an injunction has been made and therefore only become known if they are successfully challenged in court.

The clash of the acts is being challenged in court, and Hughes hopes to see the Employment Standards Act modified.

He calls the legislation Canada's «biggest restraint ever on freedom of speech» and says he expects various provisions to be challenged in court.

Save for exceptional circumstances (eg, objection on the basis of ne bis in idem), the initiation of a criminal investigation itself can not be challenged in court.

And Joe Nocera explored the views of different industries in Bloomberg, painting a picture of tech companies on one side (supporting inter partes review because of how often patents are challenged in court) against drug companies on the other side (criticizing inter partes review because it cuts down on their ability to build «patent fortresses» around a branded drug to maintain that drug's profitability).

Judicial Review is the procedure by which decisions of a public body can be challenged in court.

Both BAC readings, however, can be challenged in court.

Meanwhile, contentious laws — including the Anti-Terrorism Act, 2015 (Bill C - 51); the Fair Elections Act; the Safe Streets and Communities Act; and the Protecting Canada's Immigration System Act — were passed and swiftly challenged in court.

And this is precisely why an issued patent only has a «presumption of validity» and can be challenged in court.

Because prenuptial agreements can be challenged in court, even that form of protection may not be enough.

If the living will isn't written correctly, it can be challenged in court — and discredited.

And in the event that those documents are challenged in court, we have a proven track record of success.

If the president did such a thing, it would surely be challenged in court, and Korematsu would certainly be overruled.

If there are any of the above - mentioned circumstances, we admit that the decision is not strong enough and can be challenged in court.

If they are a condition of the lease, it's possible that claim could be successfully challenged in court.

Since very few incentive trusts have been challenged in court, there's little guidance for lawyers out there trying to put these wishes into words.

It is also important for organisations to be able to produce an audit trail of where their data was stored and how it was obtained as it may be necessary to demonstrate that the process was methodical and comprehensive if challenged in court or by a regulator.

@DidIReallyWriteThat - Possibly but that part was never challenged in court since the defendant was able to retain counsel.

It is not as popular as mediation or settlement conference because an arbitrator's judgment can often be challenged in court which makes you wonder why you didn't go to court in the first place.

«Obama pushed the envelope on agency and executive actions that then got challenged in court,» says Ilya Shapiro, a senior fellow in constitutional studies at the Cato Institute in Washington, D.C.

But a reasonable belief that a conversation is confidential could weigh in support of preserving the privilege if it is challenged in court.

The new regulatory framework is currently being challenged in court by patients, and for the time being there's a temporary injunction in place extending the old system until the legal dispute is resolved.

Therefore, risk assessments can be endlessly debated, revised, opposed and challenged in court.

The move was challenged in court by the Greater Yellowstone Coalition, an advocacy group based in Bozeman, Mont..

The project is ripe with corruption and is currently being challenged in court.

The legitimacy of an executive agreement has rarely been challenged in court, so it's hard to predict how the Supreme Court would settle a dispute.

The controversial plan, sure to be challenged in court and on Capitol Hill, comes ahead of historic UN-led climate talks this December in Paris.

As discussed in a subsequent post, when challenged in a court of law, some of those who have made repeated claims that he has been engaged in fraud and scientific misconduct won't even stand behind their own allegations.

It's also worth noting that while the power - plant standards are almost sure to be challenged in court — potentially delaying or blunting their impact — the fuel - economy standards were crafted with the auto industry's input.

We won't know for sure about the legality of Prince's «New Portraits» unless he's formally challenged in court.

The decision comes in the wake of the Canadian city's move to ban pit bull - type dogs and impose harsh conditions on current owners - a decision that, while officially passed by the city council in October, is currently being challenged in court.

In 2014, Chicago passed an ordinance to prevent pet stores from selling dogs, cats or rabbits, but that legislation may now be challenged in court.

Instead, he found that the commission's policy simply didn't rise to the level of rule that could be challenged in court.

In other cases, the law may be challenged in court and defeated.

Keep in mind that the legality of any written agreement may be challenged in court, but it is important to demonstrate that there was a meeting of the minds at the time of sale.