Sentences with phrase «court opinion concerning»

But he could not resist highlighting a recent Texas federal court opinion concerning two lawyers who could not resolve their deposition dispute.

Considering that the same district court allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrial).

Not exact matches

If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.

According to the 1st U.S. Circuit Court of Appeals opinion, in the wake of the 2007 — 2008 financial crisis and the ensuing economic decline, Fidelity fund managers expressed concern about the availability of wrap insurance for Fidelity's various funds, including the MIP, going forward.

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

Oh yes I did, because that is exactly what the august and distinguished Court of Appeals of Iowa did 21 times in its opinion concerning shit experts released on Wednesday.

However, since the Commission has been so determined in arguing the benefits of ACTA, as well as defusing concerns over fundamental rights issues, the Commission might be tempted to hear the Court's Opinion anyway.

But the court withdrew its opinion several hours later because of concerns that the decision contained information filed under seal.

Prior to joining the Firm, Janelle served as a judicial law clerk for Honorable Judge William Hughes, Hamilton County Superior Court in Indiana where she performed legal research in the preparation of memoranda, opinions, or orders for Judge Hughes concerning various cases before him.

In «Justices Turning More Frequently to Dictionary, and Not Just for Big Words,» Adam Liptak wrote about the considerable frequency with which U.S. Supreme Court Justices refer to dictionary definitions in their opinions, much to the concern — not to say derision — of linguists and lexicologists.

In this case, the only possibility for the Commission to follow through with the request, is to argue that it needs the Opinion of the Court in order to take away the concerns of the European Parliament and submitting it to the Parliament again or by renegotiating the agreement on the basis of the Opinion and the demands of the European Parliament.

And yet, even though Cunningham majority opinion had six votes for a seemingly strong view of the Court's Sixth Amendment work, reading all the opinions in Rita gives me the impression that only three Justices (Justices Scalia, Souter and Thomas) are deeply concerned with safeguarding, in Justice Souter's words, «the guarantee of a robust right of jury trial.»

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

In Wilson v Her Majesty's Advocate 2009 JC 336, which also concerned opinion evidence, the High Court of Justiciary, in an opinion delivered by Lord Wheatley, stated the test thus (at para 58): «[T] he subject - matter under discussion must be necessary for the proper resolution of the dispute, and be such that a judge or jury without instruction or advice in the particular area of knowledge or experience would be unable to reach a sound conclusion without the help of a witness who had such specialised knowledge or experience.»

The actual cause of concern is rather a scenario in which, because of a prior reference to the ECJ by a lower court, under the CILFIT doctrine a supreme court would no longer be bound by Art. 267 TFUE and could therefore come before the ECtHR for a «second» preliminary opinion.

There is a substantial difference of opinion among the courts of different countries concerning the position of non-custodial parents who retain a right to determine the child's place of residence.

Meanwhile, the Supreme Court's majority opinion unwittingly implicates issue preservation concerns that might seem to require a prevailing party on appeal in the Court of Appeals -LSB-...]

Meanwhile, the Attorney General (AG) at the Dutch Hoge Raad (Supreme Court of the Netherlands) has delivered his opinion (in Dutch) in several cases pending before the Supreme Court concerning compensation under Art. 7 for delayed flights.

In the course of its opinion, the Court makes certain remarks concerning the authority of school officials to regulate student language in public schools.

Business valuation is a sophisticated process which often requires the skill of professionals to analyze financial data, apply recognized valuation techniques, develop expert opinions concerning value, and support those opinions during court hearings or settlement negotiations.

Some flaws are structural; others involve poor management of the judiciary as a whole and of individual courts and judges; a third set concerns «deficiencies in how federal judges decide cases and justify their decisions in judicial opinions,» including a mechanical formalism and an unwillingness to confront openly the task of solving complex problems.

[60] In the opinion of the appellate court, the use of such a method recognizes the concerns raised by the commentators and the courts that dollars spent on increased access or shared custody do not necessarily lead to a reduction in expenditures for the recipient parent.

Ante, at 253 (STEVENS, J., dissenting); see ante, at 254 - 255.1 I write separately to underscore not the differences the several opinions in this case display, but the considerable field of agreement - the common understandings and concerns - revealed in opinions that together speak for a majority of the Court.

Note also that three Justices wrote concurring opinions expressing concern that other Supreme Court precedent requires courts to give a high degree of deference to a federal agency's interpretations.

The Supreme Court's opinion should alleviate these concerns.

In Opinions 1/91 and 1/92 concerning the conclusion of the EEA Agreement, the Court ruled that the autonomy of EU law was violated, because «the proposed EEA Court could apply and interpret the EEA provisions without paying attention to future developments of the case - law of the CJEU».

In an opinion that once again raises concerns about the state's shortage of funds for indigent capital defense, a divided Georgia Supreme Court has sent a death penalty case back to the trial court to determine if a systemic breakdown in the state's public defender system deprived the defendant of couCourt has sent a death penalty case back to the trial court to determine if a systemic breakdown in the state's public defender system deprived the defendant of coucourt to determine if a systemic breakdown in the state's public defender system deprived the defendant of counsel.

Given concerns about domestic violence noted in the Doe opinion, the Supreme Court hopes the state legislature will redraft these statutes to protect all cohabiting couples.

The Court's opinion apparently recognizes these factors as legitimate concerns for regulation by those whose business it is to legislate.

I also observed the concerns set out by a string of concurring opinions in the Supreme Court of Canada which caution against a blanket presumption of deference towards statutory interpretation by administrative tribunals of their home legislation and assert the need for deference to rest on a more principled foundation like demonstrated expertise or familiarity of the tribunal with that legislation.

If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned.

If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned.

As the Court of Appeal mentioned in paras. 26 - 36 of its opinion, this appeal concerns different constitutional and statutory provisions, and the reasoning and conclusions from that reference do not apply to it.

«There is no question that the Court has required either a concern for officer safety or a concern over the preservation of evidence to support the constitutionality of a warrantless search of the area where the defendant was arrested or a search of items near the defendant,» Chief justice Lori Gildea wrote in today's opinion (pdf).

The Colorado Court of Appeals issued its opinion in In re Parental Responsibilities Concerning W.C. on Thursday, May 3, 2018.

2 These circumstances raise two sets of issues to which this opinion is addressed: first, the ethical and practical concerns posed in a lawyer - client relationship when a limited scope engagement is entered into; and second, issues related to the obligation of lawyers to reveal the existence of such a limited scope engagement to others involved in the matter, most particularly to courts before whom clients are appearing pro se, with assistance from a lawyer with whom he or she has a limited scope engagement.

the majority's opinion raises the concerning possibility that the Court's new reading of section 96 in conjunction with the rule of law principle may be used to undermine existing provincial authority over access to alternative dispute resolution, and private international law more generally.

The proposal is linked to last year's financial work conference and the SPC policy document (关于进一步加强金融审判工作的若干意见, Some opinions concerning the further strengthening of financial trial work) to implement it, which called for work on establishing specialized financial institutions within the courts (the reporter who wrote it «is unlikely that other parts of China will have specialised financial courts» was likely unaware of this.

The Court states, in the opening line of its opinion, that this case involves only a reexamination of that portion of Swain v. Alabama, 380 U.S. 202 (1965), concerning

If the concerns were not of a character to warrant formal complaint, it is difficult to see why there was a need to air them in the court of public opinion several months after the fact.

On those occasions when, after the fact - finding hearing, expert opinion has been found which supports the carers» explanations, the impression that many have of attitudes in the appeal court is that they are more concerned with suppressing any tendency to have «two bites at the cherry» than to give a realistic appraisal to scientific opinions that might prevent a serious injustice.

And yet, in Ice, a one - time (though fickle) Apprendi supporter, Justice Ginsburg, wrote a broad opinion for the Court limiting Apprendi's reach and suggesting that she (as well as Justice Alito, who was another key swing vote in Ice) may be increasingly concerning about what could happen if Apprendi rights were extended into new sentencing settings.

There are two concerns here: first, whether or not the Court of Appeal is substituting their opinion when the trial judge, who was present at the trial, decided otherwise and second, whether or not the jury made their decision based on something other than provocation, which would make the manslaughter finding appropriate.

They reached this ruling despite sharing Facebook's concerns: «Facebook users share more intimate personal information through their Facebook accounts than may be revealed through rummaging about one's home,» Justice Dianne Renwick wrote in her opinion for the New York Supreme Court, which ruled 5 to 0 in favor of the DA's office.

The International Court of Justice notes in its Advisory Opinion on Western Sahara, the essential requirement for self - determination is that the outcome corresponds to the free and voluntary choice of the people concerned.

This opinion utilizes the court's factual conclusion that the plaintiff's activity as a parent [italics in original] alienated the defendant, and this court makes no decision concerning the validity of such a syndrome.»

Justice Kennedy added a concurring opinion in which he joined the Court's opinion in full, but also took the opportunity express his concern about the broad scope of the definition of regulated «waters of the United States,» as applied by the Government.

Looking at Maine law, the court found that the general rule is that someone can not be liable for a statement concerning a future event, as those types of statements are only considered an opinion and not actionable.

I don't entirely understand the R - Sellers issues, and what exactly it is that they want or need, or are requiring of the system, in their existing cases, and since it is before the courts, we'd likely best not have that discussion in the best interests of all concerned; kind of like being tried by public (industry) opinion.