Sentences with phrase «court refused»

A Utah federal court refused to order a firm to turn over commissions derived from the sale of two properties purchased by the operator of a Ponzi scheme.

Further, the court refused to enforce an Indiana...

Further, the court refused to enforce an Indiana «closed door» policy which would have denied the broker his commission.

The court refused to allow specific performance to the buyer and held that there was no negligent misrepresentation regarding the discrepancy between the MLS listing and a deed.

A second sale was held and the Broker made the winning bid of $ 1000, but the court refused to confirm the sale and set a minimum bid amount of $ 240,000.

On a motion the court refused to remove Davis.

In Feist, the Supreme Court refused to extend protection to the white pages in a telephone directory because the selection and arrangement of facts in that compilation lacked the minimal degree of creativity required for copyrightability.

However, after reviewing decisions on the topic, the Fifth Circuit concluded that the Supreme Court refused to apply per se treatment to practices which literally fall within the group boycott terminology when, viewed in its full context, the practice appeared to be reasonably related to pro-competitive, efficiency creating endeavors, and not a naked restraint of trade.

When she sued, the court refused relief because the developer was mistaken about the gas line offered but fulfilled all other obligations.

Since the vendor take - back mortgage had become due and the request for leave was simply to obtain a possible set - off in damages in advance of trial and before judgment, the court refused the trial process.

The court refused to award damages against her, but she was fined $ 5,000.00 for contempt of court.

Julian Assange's legal battle to walk free from the Ecuadorian embassy was blocked after a court refused to throw out an outstanding UK arrest warrant today.

Nonetheless, because Wikimedia couldn't identify a specific communication that the NSA intercepted, or state with 100 % certainty precisely how the NSA conducts its upstream surveillance, the court refused to hear the case.

And in June of this year, the U.S. Supreme Court refused to consider the case.

The nation's highest court refused a request by Mercury Insurance and lobbyists representing State Farm and other insurance companies to review a 2013 decision rejecting Mercury's request for an 8 % increase in its homeowners insurance rates and ordering the company instead to lower its rates by 8 %.

The English Divisional Court refused to grant the Campaign for Nuclear Disarmament an advisory declaration on whether UN Security Council Resolution 1441 authorised the United Kingdom, without further approval, to use force against Iraq.

The Court refused to make this order finding it would trump the privilege in the Plaintiff's counsel's solicitor's brief.

The mother was largely successful on her application, though the court refused to vary her support obligation for 2007.

The court refused to carve out an exception for cell phones at this time, maintaining the same position as Justice Sharpe in R v. Manley.

The Cayman court refused to assume jurisdiction over Malofeev personally.

In Scott v. Beth Israel Medical Center Inc., 847 N.Y.S. 2d 436, 444 (2007), the court refused to find that a series of emails were privileged just because they contained a disclaimer that was found in every email sent by the plaintiff.

The court refused to hear the Applicant's submissions related to requests to provide documents under 4.9.4, as such requests must be made in writing under the Act,

Though the US court refused to directly enforce the arbitral award for Taiwan is not one of the New York Convention signatories, the court eventually accepted our arguments and recognised the Taiwan court ruling which enforced the arbitral award, ordering this US company to pay our client accordingly.

The court refused to determine whether derived confessions extend to admissions made to ordinary persons, but conceded the argument could be made to that effect with the appropriate facts connecting the police to the second e-mail statement.

Surprisingly, the court refused to dismiss the action.

The Quebec Court of Appeal based its decision on last February's Supreme Court of Canada ruling (previously noted on Slaw) in another case, where the highest court refused to find that the mandatory nature ERC curriculum infringes on the parents» and the students» freedom of religion.

In VTB Capital plc v Nutritek International Corp [2013] UKSC 5, [2013] All ER (D) 47 (Feb) the Supreme Court refused VTB Capital (VTB) permission to serve proceedings outside the jurisdiction, on the basis that England was not the proper forum for the resolution of the dispute.

However, the court refused to certify the action in respect to the league's American teams.

Unfortunately, the court refused her request.

In both cases, the Supreme Court refused to restrict employee rights, and affirmed the viability of workplace retaliation claims under the Age Discrimination in Employment Act and Section 1981 of the Civil Rights Act of 1866.

In 10313033 Canada Inc. v. 2418973 Ontario Inc., an April 11, 2018 decision of the Ontario Superior Court of Justice in Ottawa relating to a franchise dispute in the Laurier Optical franchise system, the court refused to grant to the franchisor an interlocutory injunction compelling the franchisees to continue paying royalties and marketing fees because the franchisor did not prove that it would suffer irreparable harm.

The ruling is potentially troubling because the court refused to even consider the arguments presented by those anonymous parties who did not reveal their identity in connection with the motion to quash.

Regrettably, the Supreme Court refused to hear an appeal and the judgment did stand.

The Quebec Superior Court refused to authorize the class action but the Court of Appeal overturned this decision.

The court refused to strike a statement of claim based on the posited tort.

HELD The court refused to discharge the restraint order as that would fly in the face of clear primary legislation; the appropriate path was for the defaulter to apply for a declaration of incompatibility — Human Rights Act 1998, s 4.

Author: Anthony Pugh, Student - at - Law, Law Works P.C. Editor: Ben Hanuka In 10313033 Canada Inc. v. 2418973 Ontario Inc., an April 11, 2018 decision of the Ontario Superior Court of Justice in Ottawa relating to a franchise dispute in the Laurier Optical franchise system, the court refused to grant to the franchisor an interlocutory injunction compelling the franchisees to continue paying royalties and marketing fees because the franchisor did not prove that it would suffer irreparable harm.

On 26 May 2017 The Supreme Court refused Patersons of Greenoakhill permission to appeal in a test case pursued on behalf of the entire United Kingdom landfill sector, thus bringing to an end a 5 year battle against HMRC in which Patersons were defeated in the First - tier Tax Tribunal, the Upper Tribunal and the Court -LSB-...]

Since the properties involved in the lawsuit were commercial (meaning, either vacant or leased), the Court refused to infer that the owners wanted the property plowed.

The trial court refused to strike the punitive damages allegations, but the Court of Appeal granted

Similarly, in Miller v. A.B.M. Canada Inc., 11 the court refused to enforce a termination clause that only provides for a continuation of the employee's salary and not the contributions made to his pension plan or his car allowance.

(In Jones v Jones (1889) LR 22 QBD, an English court refused to award multiple damages, and the Protection of Trading Interests Act 1980 prevents an English court from enforcing a judgment for multiple damages.

As a result, the court refused to order a fresh capacity assessment.

Apr. 18, 2013)-RRB-(«Biomet I»), the court refused to require the responding party to do predictive coding on the entire corpus of its documents, instead allowing it to rely on the keyword searching it used initially to filter the material prior to predictive coding.

The Supreme Court refused the MPS permission to appeal on its initial ground of appeal which was premised on its argument that the positive obligation (which they accepted arose under the ECHR by operation of art 1 in conjunction with art 3) did not arise under the HRA because art 1 is not one of the rights contained in schedule 1 of the HRA.

On closing the testimony in the court below, the counsel for the plaintiff prayed the court to instruct the jury, upon the agreed state of facts, that they ought to find for the plaintiff, when the court refused, and instructed them that, upon the facts, the law was with the defendant.

Recently, the Court refused to lift an automatic suspension in a procurement challenge brought by...

The Court refused to strike the pleadings.

The lower court refused to dismiss the case and certified three questions concerning the certificate of merit, the 622 affidavit, to the Illinois Appellate Court for its review.

In this case the court refused to enforce a Russian arbitral award of almost nine billion roubles (RUB) which was subsequently set aside by the Russian courts.