Sentences with phrase «claimed on appeal»

How to Preserve Claims for an Arizona Family Law Appeal The Arizona Court of Appeals in a memorandum decision in the case of Levy vs. Levy case addressed what must be done in a family law case to preserve a due process claim on Appeal.

Not exact matches

Google also has a high - stakes courtroom battle on its docket, following an appeals court decision last month reviving Oracle's copyright claim against Google's use of the Java language in Android's operating system.

«The government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim,» the judges wrote.

About a quarter are awarded benefits on their initial claim, while another 2 percent are approved on appeal and 11 percent at hearings.

A U.S. appeals court ruled on Tuesday that record companies and music publishers that once formed part of EMI Group could pursue additional copyright infringement claims in a long - running lawsuit over defunct online music storage firm MP3tunes.

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rAppeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rappeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

The commission was ruling on an appeal by Uber of a labor commissioner's award of about $ 4,000 in expenses to San Francisco - based driver Barbara Ann Berwick, who filed her claim in September.

David Lammy, the MP for riot - stricken Tottenham, on Tuesday appealed for the BlackBerry maker Research In Motion to shut off its BlackBerry Messenger service after claims that it played a key role in organising the unrest.

«The DOL has created a new private right of action,» said Fleckner, who led Goodwin's successful defense of an excessive fee claim against John Hancock in the 3rd Circuit Court of Appeals in 2014, and was a signatory to an amicus brief filed with the Supreme Court on behalf of the Securities Industry Financial Markets Association in Tibble v. Edison.

In small claims, you can bring an attorney on appeal.

The U.S. Patent Trial and Appeal Board can no longer review only some of the patent claims challenged by petitioners in inter partes review (IPR) proceedings, the U.S. Supreme Court said on Tuesday in a 5 - 4 decision.

The project of Grisez - Finnis is to save natural law by reestablishing it on a secular foundation that does not appeal directly to those metaphysical claims that modern science rejects as outdated.

For the thinker who appeals to such awareness may distinguish between awareness and conscious awareness, and then contend that his claim depends only on a necessary awareness which one must have even if one's awareness is not conscious.

Just as the Virgin Birth, and the physical Resurrection of Christ are and were requirements of his literal Divinity and uniqueness upon the human scene, so also this type of development to which we appeal can not take place, except in a Church which claims the infallible magisterium on earth of the same Jesus in the name of his Divinity, and can manifest a line of consistent and coherent, definition because she has done so.

The tradition has been appealed to by journalists and politicians, as if it were common knowledge, as a basis for making (or denying) the claim that the war in the Persian Gulf should go on.

Does the psychiatric literature shed light on personality types that are particularly susceptible to conspiracy thinking, or on the appeal of Gnostic subcultures that claim to possess secret knowledge?

1) on what basis do you claim that an appeal to the metaphysical / transcendent / divine is not objective?

Lindbeck's «experiential - expressivist» model does a reasonably good job of accounting for the romantic and mystical streams of liberal theology, but it does not account for variants of liberal theology that make gospel - centered claims (such as the tradition of evangelical» liberalism), that base their affirmations on metaphysical arguments (such as the Whiteheadian process school) or that appeal to gospel norms and metaphysical arguments (such as the Boston personalist school).

Capital punishment's lack of demonstrated superiority as a deterrent (the evidence for its effectiveness being at best mixed), the capacity of society to protect itself equally well by permanently imprisoning those who are currently being executed (which is possible at limited marginal cost, especially when one takes into account the cost of the extended trial procedures and interminable appeals and reviews which usually accompany capital punishment)-- all these points are important, but their utility is chiefly as rebuttal arguments in response to the empirically weak but emotionally strong claims made on behalf of capital punishment.

His appeal to his people must rest on something other than a debatable claim to messiahship.

There is literally no way that anyone can prove that anyone who claims to be acting on God's commands isn't — you can't even appeal to the Bible to tell you it must be wrong because god said in there not to do it, because even on the Bible he routinely commands people to do things in specific cases that are otherwise forbidden.

Is it not by means of perversely appealing to such an undefined «criterion,» which is said to transcend «all rules of positive law» and «therefore [to] rest on some other foundation,» that the door is opened to the «transcendent» or «divine» or absolutist rights of those who do evil even as they claim to stand above the law?

The claim to absolute knowledge, the appeal to a form of universalism that should inform civilization that is not based on empirical indexes alone, and the regulation of human sexuality that religious traditions promote make religion seem a threat to modern liberal society.

The «liberal» stance can have a certain appeal, claiming to allow everyone to live as they please so long as no group imposes their will on others.

«For many years, we have been much in the habit of resting our claim on the general order of submission to authority, of decency, and order, of respecting precedents long established, instead of appealing to that warrant, which makes us exclusively God's ambassadors.»

Recognizing that I will not agree with his parity claim, Hasker closes his argument by commenting on my discussion about the need for a theodicy to have psychological appeal, seeking to turn this discussion to his favor by pointing out that traditional theism has been accepted by more people than has process theism.

Yahoo said that it «believes the plaintiffs» claims are without merit and will vigorously pursue all appeals,» so who even knows what's going on...

Inter are reportedly not giving up on their pursuit of Antonio Conte as it's claimed they're ready to offer the Chelsea boss an appealing package.

Baby Milk Action appealed to shareholders at Nestlé's AGM last week to stop management promoting baby milk with the claim that it «protects» babies, when it is proven that babies fed on breastmilk substitutes are more likely to become ill and, in conditions of poverty, more likely to die.

After a long night of a seemingly never - satisfied baby on a growth spurt, that formula can start looking more appealing, especially with advertising claiming formula to be just as good as breastfeeding or at least a good alternative.

It rejects asylum claims as a knee - jerk reaction, leaving it to judges to grant asylum on appeal, as they apply the proper legal decision - making procedure to the decision.

In Tyson Foods v. Bouaphakeo (No. 14 - 1146) a different court of appeal agreed that a class of workers could be certified as a group to pursue their members» claim that they should have been paid for the time when they were putting on safety equipment.

Polling showing 81 % of public support assisted dying: http://humanism.org.uk/2012/09/07/news-1108/ Previous BHA news article — «L' waives right to anonymity in assisted dying court case: http://humanism.org.uk/2013/04/18/paul-lamb-l-waives-right-to-anonymity-in-assisted-dying-court-case/ Previous BHA news article — Court of Appeal allows «L' to join Tony Nicklinson Claim: http://humanism.org.uk/2013/03/20/court-of-appeal-allows-l-to-join-tony-nicklinson-claim/ Previous BHA news article — New case to test rules on assisted dying in UK: http://humanism.org.uk/2011/08/19/news-873/ The BHA's campaign on Assisted Dying: http://humanism.org.uk/campaigns/public-ethical-issues/assisted-dying/

Citing disagreements on the law that have emerged in different federal appeals courts, Silver claims that at trial, U.S. District Judge Valerie Caproni applied the wrong standards to money laundering, bribery and extortion charges.

NYC Mayor Bill de Blasio explained why he has refused to comment on the blockbuster appeals court ruling in favor of ex-Assembly Speaker Sheldon Silver, claiming he hasn't «paid attention» to the state's biggest political corruption case in decades.

Gillibrand's campaign last week sent out a fundraising appeal asking to hit $ 155,000 so the commercial could air this month (it was something of a spurious claim that Gillibrand needed the money, considering she last reported more than $ 10 million in cash on hand).

The labor - backed party sent out a fundraising appeal today in the form of an email with the subject line «make Rush Limbaugh eat his words,» noting that the radio shock jock and other conservatives seized on a Craigslist ad for organizers as proof that the left is hiring demonstrators and the whole grassroots movement claim is one big scam.

In arriving at the decision, Justice Saidu relied on the recent Court of Appeal decision in the case of LASWA & Ors vs. NIWA & Ors, adding that the Plaintiffs failed to establish the identity of the land claimed.

Abayomi, however, noted that Oke had a right of appeal which he could exercise but saying his claim on the delegates» lists was unjustifiable and unnecessary.

Cambridge Analytica claims on its website that it's able create psychological profiles to «effectively engage and persuade voters using specially tailored language and visual ad combinations» that appeal to each person on an emotional level,» and that the company has «up to 5,000 data points on over 230 million American voters.»

UFC in August filed an appeal in the U.S. Court of Appeal for the Second Circuit which claims the ban on MMA violates the First Amedment rights of both fans and athletes who participate in the appeal in the U.S. Court of Appeal for the Second Circuit which claims the ban on MMA violates the First Amedment rights of both fans and athletes who participate in the Appeal for the Second Circuit which claims the ban on MMA violates the First Amedment rights of both fans and athletes who participate in the sport.

Since concerns have been raised about a so - called post-truth style of politics shaping election campaigning, with facts intersecting with opinions and emotional appeals, broadcasters may consider drawing on a wider range of actors to help them scrutinise the parties and challenge their claims.

But analysis of Syrian refugee claims suggests UKBA routinely rejects applications only to have them succeed on appeal.

In a hearing on Tuesday at the Appeals Court the administration claimed that the ban was motivated by terrorism fears, and questioned the argument that it unconstitutionally targeted Muslims.

The miners have on various occasions appealed to the government to end the ban which they claim is negatively affecting their livelihood.

From the emphasis on property ownership to Yvette Cooper's claim that Labour are «now the party of policing», from the rediscovered patriotism to the blue backdrop of the main stage, there appeared to be a concerted effort to broaden the party's appeal rightwards.

An unsuccessful appeal would have put more pressure on the UK government to establish a functional registration system in Calais, one which would identify refugee children with potential claims to family reunification in the UK and assist in the processing.

Mayor de Blasio on Sunday explained why he's refused to comment on the blockbuster appeals court ruling in favor of ex-Assembly Speaker Sheldon Silver — by claiming he hasn't «paid attention» to the state's biggest political corruption case in decades.

But the Imo police command claimed an injunction notice was served them and appealed that the congress be put on hold.

Currently, administrative judges rule on claims but they can be appealed to the actual board members.