Sentences with phrase «court awarded the parties»

At a temporary hearing shortly thereafter the court awarded the parties alternating week custody of their young daughter.

Not exact matches

And in some circumstances, if one party refuses to disclose their cryptocurrency holdings, the court can make an award heavily in favor of the other party to make up for it.

Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

But without a majority decision on Halo, it could be more difficult for district courts to award attorneys» fees to prevailing parties in patent troll cases, which every year sap billions of dollars in such fees.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toParty or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toparty claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toparty social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toparty's use or misuse of the Sites or Products provided to you.

From the award - winning Final Cut Steakhouse to the food court, none of the casino's foodservice is contracted to third - party vendors.

One other feature of Canadian law that tends to discourage parties from suing physicians for malpractice is that the Supreme Court has set out guidelines that effectively cap awards for pain and suffering in all but exceptional cases.

The court may also award joint custody if one party requests joint custody and the court finds it to be in the best interests of the child.

Georgia: The court may award joint custody and may consider agreements of the parties, if they are in the best interests of the child.

A court may award visitation rights if the child's parents» marriage is terminated, the parents separate, or custody of the child is given to a third party other than the child's parents.

Under Alabama law, a court may consider an award of joint custody, whereby the parental rights of both parties remain intact, with one parent as the primary custodian of the children and the other as the secondary custodian.

The police has no business interfering in transaction of this nature only a civil court has the power to enquire on the transaction and award necessary damages to the innocent party.

The «second tier» mandates the award of attorney fees when a party denied access to records «has substantially prevailed» and the court finds that «the agency had no reasonable basis for denying access.»

Court rules bar party leaders from receiving such fee awards.

Senator Mark's counsel, Ken Ikonne and the Independent National Electoral Commission (INEC) lawyer Johnson Usman as well as the People's Democratic Party (PDP) counsel, Chris Alechenu had told the Court that section 285 (5) of the 1999 constitution was clear on the fact the day of declaration of an election result should be included in the days allowed for the filing of a petition before a court, urging the appellate court to dismiss the appeal and award cost against the appelCourt that section 285 (5) of the 1999 constitution was clear on the fact the day of declaration of an election result should be included in the days allowed for the filing of a petition before a court, urging the appellate court to dismiss the appeal and award cost against the appelcourt, urging the appellate court to dismiss the appeal and award cost against the appelcourt to dismiss the appeal and award cost against the appellate.

I'm predicting, if it goes that far, the courts will award each party a case of Dumbass.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

This provision shall not prevent either party from filing a petition in court to confirm an arbitration award.

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.

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitraAWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitraaward made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitraaward on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration.

«(1) TIME FOR FILING DEMAND - Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court.

A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial.

Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties.

If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement.

The number of class actions has risen to seven, according to media reports, and one of those parties communicated its displeasure immediately to an Ontario Superior Court judge, in an effort to prevent Loblaw from making it a condition that consumers who receive a $ 25 gift card would have that amount deducted from any future awards.

In determining who should be awarded custody, the court may want to consider which party has paid attention to the animal's basic daily needs (food, shelter, physical care, exercise, grooming, flea control); who takes the animal to the veterinarian; who provides for social interactions (in the case of dogs) with other dogs and / or with people; who maintains appropriate supervision to assure that state and local regulations are complied with (licensing, not allowing the dog to run free and protecting against circumstances that would endanger her life or health); and who has the greatest ability to financially support the animal.

Courts are beginning to reject a strict property analysis and consider the best interests of the animal in deciding which party will be awarded custody.

The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The court reasoned that the wording of the arbitration agreement had not made it clear that the parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be to set aside an award based on a procedural violation only if such violation caused substantial prejudice to the complaining party.»

The losing party once again filed for the setting aside of the award, this time alleging that the tribunal had not observed the decision of the court rendered during the first setting aside proceedings and, moreover, this led the tribunal to overlook the limitation periods included in Polish law.

Both Wiley and Kirtsaeng proposed that the Court provide guidance to district courts in order to direct their discretion in determining whether to award attorney's fees to a prevailing party «towar [d] the purposes of the Copyright Act,» which the Court articulates as «enriching the general public through access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive rights» provided by the Copyright Act.

The court may award either joint or sole custody in a case, based upon the best interest of the child, and may also award visitation rights to a party.

As Director of Arbitration and ADR, North America, for the ICC International Court of Arbitration, she advised North American companies, law firms and parties on all phases of ICC arbitration, including negotiating and drafting arbitration clauses, substantive and procedural rules for filing requests for arbitration before the ICC Court, and enforcement of arbitration awards

If the conduct of a party is such as to warrant rebuke by the Court, then the unsuccessful party runs a significant risk of having special costs awarded against him or her.

Authors and courts have also considered whether article V (1)(c) provides grounds for refusing to recognize or enforce where the arbitrator's decision goes beyond the parties» pleadings or prayers for relief to render an award ultra petita.

In the few cases where courts have refused to enforce awards pursuant to article V (1)(d), the manner in which the tribunal was constituted materially deviated from the parties» agreement.

A spouse may be awarded alimony after the court considers factors like the financial status of both spouses, whether the parties are able to support themselves, the time and expense necessary for either spouse to receive job or educational training, and the standard of living and duration of the marriage.

After describing «fee awards [as] a double - edged sword» that «increase the reward for a victory — but also enhance the penalty for a defeat,» the Court concluded that favoring awards in close cases would likely discourage parties from litigating those cases by raising the stakes in suits where the outcome was already uncertain.

The court found that neither party had any complete success on the appeal, and held that the beneficiary and the executrix beneficiary should be awarded special costs to be paid out of the estate.

If the court does not wish to punish a party on the basis of full indemnity for costs, it may still award a certain percentage of special costs.

The parties also irrevocably waive their rights to any form of appeal, review or recourse to any State court or other judicial authority with respect to such Award insofar as such waiver may be validly made.»

For instance, the Hong Kong Supreme Court enforced an award rendered in China, even though its members were selected from a different list of arbitrators than provided in the parties» agreement.880

Siding with the Fourth, Seventh, and Eighth Circuits, the Supreme Court held a federal court exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad fCourt held a federal court exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad fcourt exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad faith.

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same discourt refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same disCourt enforced a first award but not a second award made with respect to the same dispute.

Section 505 provides that a district court «may... award a reasonable attorney's fee to the prevailing party» in a copyright action.

The court had instructed the jury,» [I] f the medical, hospital, rehabilitation, or physical therapy expenses were paid by a third party such as a medical insurance company or a health maintenance organization, that party can seek reimbursement from any amount paid from any judgment you may award.»

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaimCourt of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaimcourt noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

Counsel would be well advised to ask for special costs, or increased costs, where the nature of the case, or the conduct of the parties, might lead the court to exercise its discretion to award same.