Sentences with phrase «court opinion found»

An appeals court opinion found that the horses suffered pain due to the defendants» failure to provide adequate food.

A Seventh Circuit court opinion found that debt collectors» letters to consumers offering to «settle» time - barred debts (that is, debts that would be subject to a successful statute - of - limitations defense) could mislead consumers and, thus, could violate the federal Fair Debt Collection Practices Act (FDCPA).

Not exact matches

«I think United is likely to be found on legally solid ground, but has already lost in the court of public opinion, and will pay dearly for it,» Quinn said according to Reuters, noting that Dao could still get a substantial settlement from the airline.

Particularly in light of the Court's 2008 decision in District of Columbia v. Heller, which struck down Washington D.C.'s handgun ban and found Americans had an individual right to a firearm — a 5 - 4 decision in which Stevens wrote the primary dissenting opinion — Stevens called the Second Amendment a barrier to «constructive gun control legislation.»

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

In that opinion, the first to address fee - shifting provisions following ATP, the Delaware Court of Chancery found that a fee - shifting bylaw was inapplicable to a share - holder plaintiff and the class where the bylaw was adopted after a plaintiff had been forcibly cashed out through a reverse stock split.

The issues on which he was then tried and found wanting seem to have been so universally decided against him by the court of American and Christian opinion that they scarcely remain issues today.

Although «secular humanism» is a term used most frequently by Protestant Fundamentalists, it was Justice Hugo Black» in delivering the opinion of the United States Supreme Court in a 1961 case, Torcaso v. Watkins» who distinguished between «religions based on a belief in the existence of God» and «religions founded on different beliefs,» such as «Buddhism, Taoism, Ethical Culture, Secular Humanism, and others.»

What if media says XXXXX person is guilty of terrorist attacks and then people have the opinion he is guilty... but the courts find him innocent after evaluating the evidence... People still say that the guy is guilty because that is their opinion.

In May 2017, the Maine Supreme Judicial Court issued an advisory opinion finding that the law's provisions applying to general elections for state legislators and the governor violated the state constitution.

In May 2017, the Maine Supreme Judicial Court issued an advisory opinion finding that the law's provisions applying to state lawmakers and the governor violated the state constitution.

Even if a justice didn't take money himself, according to the opinion, he may be found «personally liable for money paid to the court and then stolen from his or her office.»

He was referring to an opinion from Republican Nassau County Attorney Carnell Foskey that quotes an upstate Supreme Court decision that found «partisan references» in a county legislative newsletter do not constitute political campaign materials.

Writing for the majority opinion, Chief Justice John Roberts reasoned that the formula had «no logical relation to the present day,» leaving open the possibility that Congress could come up with a new formula the court would find appropriate.

Some who trouble to read the opinions in this case will find it ironic — perhaps even bizarre — that on the very day we heard arguments in this case, the Court's session opened with an invocation for Divine protection.

In its opinion, the Supreme Court determined that Endrew's «making some progress,» found acceptable by the lower courts, was not «reasonably calculated to enable the child to receive educational benefits,» noting that it was barely better than «sitting idly in classrooms waiting until they were old enough to drop out.»

In his opinion for the court of appeals, Judge Edward Ferns ultimately found the district's formula for assigning classroom space to charter schools was consistent with the intent of Proposition 39.

Therefore the Court found that expressing this kind of opinions does not fall under the protection of the freedom of expression according to article 10 (1) of the European Convention of Human Rights and Fundamental Freedoms.

In an oral opinion last week, New York State Supreme Court Judge John S. Lockman found «viable and appropriate» the plan to make the once - exclusive school, the Cathedral School of St. Mary and St. Paul in Garden City, financially feasible, said Donald MacLeod, a member of the board of directors of the Cathedral Corporation, which oversees the school...

«The majority opinion turns entirely on procedural issues and did not address the trial court's findings that the constitutional rights of LAUSD's students would be violated without judicial intervention,» Sapp said.

The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»

Alexandria, Va. (July 7, 2015)- In an unpublished opinion on July 6, the Court of Appeals for the Ninth Circuit, ruled in favor of Meridian Joint School District, Idaho, finding that the school district had appropriately determined that a student was not eligible for special education services.

Consistent with NSBA's position as outlined in its «friend of the court» (amicus) brief, Justice Samuel Alito delivered the Court's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.&rcourt» (amicus) brief, Justice Samuel Alito delivered the Court's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.&rCourt's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.&rcourt substitute for trial testimony.»

«But even when successful, such suits still may not bring relief for the district, such as in Sumter County where a federal judge found fault with Alabama's funding system in an 800 - page opinion but also found the county was not entitled to relief from the court,» says Tuck.

The solution to this vexing funding problem, and to charter schools» legality, can be found in the court's minority opinion by Justice Mary Fairhurst.

This week's Louisiana Supreme Court opinion that struck down a school choice funding formula finds the usual suspects who want to prevent families from using their tax - paid dollars to send their children to the schools of their choice.

In a summary opinion, the Tax Court has found that an individual can qualify as a professional gambler despite pursuing the activity part - time.

When one considers how low the Ontario Fiberals had to stoop to find «experts» to support their ban in the court case, it becomes very obvious that expert opinion in this important area is ignored.

The Indie Games Arcade contains some of the most imaginative, creative and genuinely fun game experiences to be found in Earls Court 0ver this weekend - and we'll be bringing you in - depth previews as well as opinions from the developers themselves.

In his opinion, Justice Antonin Scalia wrote that the evidence provided to the Court showing that violent video games had an effect on aggression in children also showed that similar effects had been found in children shown Bugs Bunny cartoons.

And what to make of a court opinion that awards a partial victory to these groups — relying not on a finding of environmental injustice but rather on a determination that the state of California failed to engage in a crucial economic debate about policy alternatives?

If the new finding leads to a bona fide legal opinion in a court of law, it could have significant implications in broader climate - change talks because many REDD opponents fear such schemes could promote a land - grab that decimates tribes like the Suruí and others.

Throughout the entire appeals court Opinion, it was clear that the Court found the states and industry groups» arguments unconvincourt Opinion, it was clear that the Court found the states and industry groups» arguments unconvinCourt found the states and industry groups» arguments unconvincing.

I should add that I don't object to lay people having an opinion on the case nor am I saying that the court finding will be the right one.

Indigenous rights in Brazil got a boost after a court victory in a dispute with farmers in Roraima and a legal opinion finding that the Surui tribe owns the carbon rights to the land they inhabit, perhaps leading the way for future indigenous - run forest carbon projects.

On June 26, 2012, the court issued an opinion which dismissed the challenges to the EPA's endangerment finding and the related GHG regulations.

Earthjustice represented three environmental justice groups and challenged the impact statement, which a lower court judge found illegal, whose opinion was upheld by a state court of appeal.

And you can now find all online materials cited in the Court's opinions since the October 2005 term on the Supreme Court's homepage.

The lower court said no, finding that «every human being has personal experience and observations of fecal material and I think that, as a result, every human being who is of competent mind can offer a lay opinion as to whether a substance is feces or not.

Over at the Volokh Conspiracy, Jonathan Adler pointed to an opinion issued by the U.S. Court of Appeals for the D.C. Circuit yesterday, in which the court refreshingly found a way to weave some whimsy into an otherwise not particularly funny inciCourt of Appeals for the D.C. Circuit yesterday, in which the court refreshingly found a way to weave some whimsy into an otherwise not particularly funny incicourt refreshingly found a way to weave some whimsy into an otherwise not particularly funny incident.

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.»

The effect of the decision was that a mother was deprived of the opportunity to prove that she was now safe to care for her children, despite curing her additions, while suffering the trauma of the threat of losing her children, simply because she had taken too long, as the children had already been looked after for 20 months and the Court of Appeal was of the opinion that a court would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's welCourt of Appeal was of the opinion that a court would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's welcourt would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's welfare.

For the purposes of the present discussion paras. 67 and 68 of the judgment, which the Court of Justice used to clarify some of its findings in Opinion 2/15, warrant attention.

Non-privileged applicants who seek to challenge a legislative act might still find themselves without effective legal redress if they lack standing before national courts (see however, paras. 105 - 124 of the Advocate General's Opinion on this matter).

And even more interesting, Steph Tai at Concurring Opinions ponders how the Carhart Court's willingness to defer to Congressional findings to resolve scientific uncertainty might apply in other cases such as those involving global warming, where scientific and legal findings are intermingled.

The site uses interactive graphical tools to help users find information about the court, the justices and the cases, with links to analytical and legal materials, including motions, briefs and opinions.

In its Opinion 2/15, the Court, unlike AG Sharpston, found that the entire sustainable development chapter (Chapter 13) in the EUSFTA fell within the scope of the common commercial policy.

However, the Court of Justice found at paragraph 24 of Opinion 1/91 that the «interpretation mechanism» whereby the EEA court would have to interpret the rules of the agreement in conformity with the case - law of the Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member StCourt of Justice found at paragraph 24 of Opinion 1/91 that the «interpretation mechanism» whereby the EEA court would have to interpret the rules of the agreement in conformity with the case - law of the Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member Stcourt would have to interpret the rules of the agreement in conformity with the case - law of the Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member StCourt of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member States.

Achmea is a clear indication that the CJEU in Opinion 1/17 is likely to find also the Investor Court System in CETA problematic for the autonomy of EU law.

But then, along came Opinion 2/15 where the Court of Justice, finding that the EU - Singapore FTA partly falls within shared competences, concluded that the agreement, therefore, «can not be approved by the European Union alone» (paras. 244, 282, and 304).