Sentences with phrase «court as reasonable»

The law states that the unit owner can recover reasonable attorneys» fees and additional amounts decided by the court as reasonable and necessary to reimburse him or her for his share of the assessments that were levied to cover the lawsuit's defense.

Many of us assumed reasonably that this would be an additional head of damages claimed, given the modest amount recognized by the court as reasonable for privacy breaches.

Not exact matches

The former employer sued, but the court ruled that the information did not count as protected trade secrets because the company didn't take reasonable security measures to protect the information.

«Thus, in a preliminary analysis, the chief justice... suspended what he saw as an act apparently little reasonable and proportionate, which, in addition to generating legal uncertainty, would leave millions of Brazilians without this communication tool,» a statement from the supreme court read.

Furthermore, our longtime leadership in corporate law and our Court of Chancery's unmatched expertise in this area have repeatedly earned our state acclaim as the most fair and reasonable legal system for U.S. businesses.

Although these statutes typically contain no express limit on the size of permissible gifts, courts interpreting the statutes require corporate charitable donations to be reasonable both as to the amount and the purpose for which they are given.

(1) Any customer who enters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --

This may come as a shock to you — BUT - evolution could not be proven beyond a reasonable doubt in court — if it is a «Law» of science and not a theory explain to me why Scientist in the same field have differing opinions theory has undergone massive changes since the 1850's when Darwin first came up with the THEORY — there are a lot of interesting similarities to true science which makes it sound so plausible, but it should sound good — After all the top scientist / humanists in the world promote it and they are all pretty smart

I know that none of us believed that he was proved guilty as charged beyond a reasonable doubt, to the point of moral certainty, by the evidence presented to us in court, construed as the law provides and as the judge instructed.

Because of the cumulative effect of these coercive techniques — the leading, the fact ‐ feeding, the false promises, the manipulation of Dassey's desire to please, the physical, fatherly assurances as [Calumet County Sheriff's investigator Mark] Wiegert touched Dassey's knee etc. — no reasonable court could have any confidence that this was a voluntary confession.

The case is one in which, as Supreme Court justice Oliver Wendell Holmes once said, reasonable men may differ.

As a result, the district court concluded there was not enough evidence for a reasonable jury to find that the employer had violated the FLSA's breastfeeding breaks requirement.

Possibly; in 2010, the ND Supreme Court recognized a stepparent as a psychological parent entitled to reasonable visitation with their stepchild..

Today's report calls for defences of «reasonable excuse» of «public interest» be included in the legislation, to reduce the chance of prosecutions being thrown out of court as being incompatible with the ECHR.

In the case of the Second Amendment, the relevant courts, such as the U.S. Supreme Court in the District of Columbia v. Heller, 554 U.S. 570 (2008) case have held that the right is subject to reasonable regulation.

As you indicate, we will ultimately need to wait for the Supreme Court to weigh in on such a question, but some analysis of our own can lead to a reasonable understanding of the argument that might be made.

«It is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by the law for the verdict to stand,» Jose Cabranes of the Second Circuit Court of Appeals decision said in his decision.

«We see no reasonable possibility, in light of the record as a whole, that that flaw affected the outcome of the case,» the court said of Boyland's complaints about his jury instructions.

In his ruling, Abang said the medical report was fraudulently smuggled into the court and did not give any reasonable explanation as to the nature of his illness.

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitucourt; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constituCourt from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitCourts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitcourts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitucourt of record immediately before the coming into force of this constitution.

He said on Twitter that people such as Farage and Banks were «babbling nonsense» and that the Article 50 court ruling was reasonable.

As a Principle Court Attorney he has worked with the ADA liaison for the courthouse to assure that reasonable accommodations were extended to all persons in the courtroom, including litigants, jurors and witnesses.

She is particularly knowledgeable about access issues in the courts and sensitive to reasonable accommodation of PWDs who would appear before her as attorneys, witnesses and jurors.

In his writ filed on Friday, Mr Amidu, popularly known as Citizen Vigilante, said: «I oppose the application for stay of proceeding on the main ground that it discloses no reasonable ground or grounds for the making of an application for stay of proceedings to this Court pending the discharge or reversal of the ruling order of this Court dated 16th November 2016 aforesaid to warrant its consideration by this Court.»

Although Clegg was determined to resist any invitation to meet Cameron before polling day, tonight's film reveals a chance 45 - minute meeting, at the opening of the Supreme Court last October, which allowed them to get to know and trust each other — as Cameron says, he established that Clegg was «a reasonable person, in politics for the right reasons».

And Ignorant Nigerians have been condemning that judgment without knowing the planks on which it rested; proof beyond all reasonable doubt as against inference alone — relied on by the London court.

The second proposal would have captured magic words as well as «functional equivalents of express advocacy,» which according to a 1987 federal court ruling are ads that «could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates.»

That filing, which has been called the most important environmental lawsuit ever to go to the Supreme Court, demanded that the Environmental Protection Agency regulate carbon dioxide (CO2) as a pollutant under the Clean Air Act — something the plaintiffs saw as a very reasonable request since the Clean Air Act defines a pollutant as a substance that is damaging to humans.

The phrase «balance of evidence» was used deliberately to suggest the (English) common - law standard of proof required in civil as opposed to criminal courts: not as high as «beyond reasonable doubt».

For example, the NCFS found language such as «reasonable scientific certainty» to be meaningless and recommended that it not be used in court because it gives the false impression of scientific rigor.

Because women are increasingly entering pregnancy either overweight or obese, and courting the real dangers that such fatness might lead to, every female of childbearing age should be taught from as early as is reasonable just how important it is to stay trim for conception.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

«Teachers have always had the right to use reasonable force - but it's always that judgement call of what is reasonable force - what is going to be considered as reasonable force in a court of law?»

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

The court ruled that it was reasonable for DOT to require airlines to add government fees and taxes to the base fare and disclose these together as a total price, prominently displayed to prevent confusion over the total cost of their travel.

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

The article also talks about the Watson case (one of the Tax Court cases I referred to), which can be used as the guidelines for determining the «reasonable» compensation.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

Payment for reasonable expenses incurred that were a result of recovery from an Identity Fraud such as; credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees, expert witness or courier fees;

Payment for reasonable expenses incurred that were a result of recovery from an identity fraud such as: credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees and expert witness fees.

The creditors have the right to object, but as a bankrupt you can tell your side of the story, and the court will generally make a reasonable decision.

Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, the owner of an animal determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action.