«Although
this court finds disturbing the Legislature's use of one method for Queens and Nassau Counties and a different method for Richmond and Suffolk Counties, petitioners have not sustained their heavy burden of demonstrating beyond a reasonable doubt that the Legislature has acted unconstitutionally.»
Not exact matches
From 2006 to 2009, after the resignation of Justice Sandra Day O'Connor and before the appointment of Justice Sonia Sotomayor, Justice Ginsburg was the lone woman on the
court, a situation she
found isolating and
disturbing, as she told The New York Times.
State Superior
Court magistrate Jonathon Lack said earlier this year that he
found the telephone calls to Palin's parents, some of which were recorded, to be «very
disturbing.»
West of Memphis Rated R for
disturbing violent content and some language Available on DVD and Blu - ray In 1993, the bodies of three young boys were discovered in West Memphis, Arkansas, and subsequently, three teens were ramrodded through the
court system and
found guilty of the crime.
The Supreme
Court has now refused to
disturb that
finding.
The jury's
finding that the driver negligently caused the plaintiff's injuries was not
disturbed, but the
court ruled that the employer was not legally liable for the plaintiff's death.
The Supreme
Court of Canada also declined to
disturb the
findings of the
courts below that the Ontario
courts should not decline jurisdiction on the basis of forum non conveniens.
As my first blog post, I wrote about a subject that I
find disturbing as a criminal lawyer — the breakdown of justice in some busy bail
courts.
A trial
court's
findings of fact on disputed issues of fact will not be
disturbed unless clearly erroneous (aka the «any evidence» standard of review)
The Ontario
Court of Appeal did not disturb the finding of a trial court that the plaintiff was not a worker under the OHSA at the time that he had volunteered to assist his brother - in - law to paint an automotive show
Court of Appeal did not
disturb the
finding of a trial
court that the plaintiff was not a worker under the OHSA at the time that he had volunteered to assist his brother - in - law to paint an automotive show
court that the plaintiff was not a worker under the OHSA at the time that he had volunteered to assist his brother - in - law to paint an automotive showroom.
His factual
findings can be
disturbed by a reviewing
court only if they are tainted by palpable and overriding error.
Sixth, in a
finding that is set to
disturb the international investment arbitration community, the
Court rules that the EUSFTA's ISDS mechanism falls within a competence shared between the EU and the member states and thereby objects to AG Sharpston's reasoning.
The
court found that the murder of innocents was so
disturbing that buyers may be unable to reside in a home where it has occurred.
Where trial justices have reviewed a petition to enforce an arbitration award and issued
findings, the supreme
court stated «the
findings of a trial justice sitting without a jury are entitled to great weight and will not be
disturbed on appeal unless it can be shown that such
findings are clearly wrong or that the trial justice misconceived or overlooked material evidence.»
The
court held that it would not
disturb the
findings of the Board of Directors or the expulsion, because the interpretation of the bylaws was reasonable.
The
court held that it would not
disturb the
findings of the Board of Directors that resulted in the expulsion of a member because the Board's interpretation of its bylaws was reasonable.
The
court also held that, in the context of arbitration,
findings of a trial
court should not be
disturbed unless the
findings are clearly wrong, or the trial justice misconceived or overlooked material evidence.
L.B. Kaye International Realty Commercial Svcs., Inc. v. 100 Varick Realty (15 A.D. 3d 176) judgment awarding plaintiff real estate broker damages in the principal amount of $ 133,761.00 affirmed; appellate
court does not
disturb trial
court's
finding that defendant intentionally excluded broker from exercising the exclusive leasing rights it obtained under the brokerage agreement thereby entitling broker to full commission when defendant leased the premises covered by the agreement on its own.