Sentences with phrase «courts precluded»

● Were national courts precluded from deciding an issue due to an ASI, there would be a risk that those courts might later refuse to recognise and enforce any future arbitral award.

ALBANY, NY (07/26/2010)(readMedia)-- «Governor Paterson knows full well that he has a binding agreement with CSEA that has been upheld by the courts precluding layoffs before 2011.

Unfortunately, the Court goes into very little detail about the size of the reasonable royalty claimed by plaintiff's expert Raymond Sims, whose royalty testimony the Court precluded.

By comparison, the Ontario Court of Appeal recently held in Rea v. Wildeboer confirmed that, though there is the availability of both oppression and derivative actions where the facts permit, there is still a distinction, and the court precluded the individual shareholder from suing in an oppression action over matters which should properly have been brought under a derivative action.

Not exact matches

For example, in Hans v. Louisiana (1890), the high court ruled against a Louisiana resident bondholder on 11th Amendment grounds even though it did not specifically preclude suits by a state's citizens.

Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other valid legal process that specifically precludes Member notification, such as an order issued pursuant to 18 U.S.C. § 2705 (b).

The court found that a stock trading plan established by the company's chairman, pursuant to which a broker, rather than the chairman himself, would liquidate a portion of the chairman's stock in the company, did not preclude potential liability for insider trading.

Expert U.S. - based counsel is especially critical now that the Supreme Court has precluded foreign securities purchasers from monetary relief under the U.S. federal securities laws in Morrison v. Nat» l Australia Bank, 130 S. Ct. 2869 (2010).

An opinion of counsel, however, is not binding on the IRS or on the courts, and does not preclude the IRS from taking a contrary position.

The High Court concluded that «in civil penalty proceedings, courts are not precluded from considering and, if appropriate, imposing penalties that are agreed between the parties» (quote taken from judgment summary).

The High Court unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.&rCourt unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.&rcourt is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.»

Park District Executive Director Ray McGury, a former police chief, said he didn't feel any issues that may exist in the area should preclude installing a basketball court at the south - side park.

This evidence precludes us from agreeing with the district court's conclusion that there is no compositional difference between the two types of milk.

Judge Maryanne Trump Barry presides on the 4th federal circuit Court of Appeals, and certainly has all the traditional requirements for appointment to the SCOTUS, except perhaps one — she's 79 years old, which almost certainly precludes her from consideration.

Also, as pointed out by Sjoerd, the European Court of Human rights has allowed a ban, but note that the ruling has conditions that preclude banning a garment based for religious motives.

De Blasio had previously stated that he would only back «right to counsel» in housing court if the federal government financed it, and called it a «very, very costly» measure that would preclude funding for other programs.

Attorney General Eric Schneiderman said this week that the commission and legislators are trying to «work out» an agreement that would preclude a court battle raising concerns about the separation of governmental powers.

The petition also seeks a court order precluding Schneiderman's office from investigating Abelove or pursuing criminal charges against him.

While my own position as a jurist precludes me from linking his past opinions to cases currently pending before the Supreme Court or headed in that direction, I'll sketch out some features of his jurisprudence and describe specific decisions with relevance for education — and leave the prognosticating to others.

In a 4 - 3 decision, the state Supreme Court swept aside those concerns, arguing that they should not preclude the plaintiffs from being able to make their case.

The footnote had originally represented the city's understanding of a Supreme Court decision precluding the use of race in school admissions decisions.

Likewise, the lower court rejected the ACLU's Blaine Amendment claim, holding that it «was not intended to preclude any expenditure that has an incidental benefit to religion, where such is made for a primary secular purpose,» and that the ESA «was enacted for the valid secular purpose of providing financial assistance to parents to take advantage of educational options available to Nevada children.»

Polera cross-appeals from the District Court's ruling in limine precluding testimony from her proposed expert witnesses.

AEMA, which has other objections to PJM's plan, told regulators that for PJM to need to rerun its base residual auction, several events would need to occur, including: the Supreme Court declining to consider EPSA; the court deciding a second case to preclude FERC's exercise of jurisdiction over demand response participation in the capacity market; and FERC would need to rule on both the EPSA remand and other complaCourt declining to consider EPSA; the court deciding a second case to preclude FERC's exercise of jurisdiction over demand response participation in the capacity market; and FERC would need to rule on both the EPSA remand and other complacourt deciding a second case to preclude FERC's exercise of jurisdiction over demand response participation in the capacity market; and FERC would need to rule on both the EPSA remand and other complaints.

About the lawsuit stopping the floodgate project, the court said that its opinion and order should «in no way be construed as precluding the Lake Pontchartrain project as proposed or reflecting on its advisability in any manner,» and it stressed that «upon proper compliance with the law with regard to the impact statement, this injunction will be dissolved and any hurricane plan thus properly presented will be allowed to proceed.»

The Court then proceeded to investigate whether the CFR precluded the application of the Slovak procedural rules in question.

59 The answer to the first question and the first part of the third question is therefore that European Union law must be interpreted as meaning that it does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant.

Thus, Brown stated, «while the Court is not precluding anyone from filing same, and as a matter of professionalism and courtesy they should be considered, the parties should understand that these filings have no legal significance.»

In a significant win for access to justice in environmental matters, the Court's Grand Chamber found that Article 47 of the Charter of Fundamental Rights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmental NGOs.

The Court confirmed that «the Treaties do not preclude, as a general rule, either the nationalisation of undertakings or their privatisation» (para 30).

Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence... was refused a first driving licence in that State on the ground that he did not satisfy, under that State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).

But immediately in the next paragraph, the ECJ held that the requirement of precision «precludes» national courts from disapplying the statutes of limitations.

Today, in federal district court in Wichita, Judge Monti Belot is holding a hearing, at which a government expert will apparently try to convince the judge that two defense witnesses should be precluded from testifying at trial, as «Rwandan witnesses are inherently unreliable because they're controlled by the government of the African nation.»

The court is precluded from questioning that assessment... The magistrates» court function is to check that the assessment relates to the defendant brought before the court and that the payments in question have become payable and have not been paid.

58 It is apparent, furthermore, from the case - law of the European Court of Human Rights that the right to a fair trial, guaranteed by Article 6 (1) of the European Convention on Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 - VI).

The Court found that he was not precluded from requesting a preliminary ruling since it was «not evidently... beyond doubt» that Mr Pringle would have had standing to bring an action under Article 263

-- that regulation does not preclude the application of a provision of national procedural law of a Member State which, with a view to avoiding situations of denial of justice, enables proceedings to be brought against, and in the absence of, a person whose domicile is unknown, if the court seised of the matter is satisfied, before giving a ruling in those proceedings, that all investigations required by the principles of diligence and good faith have been undertaken with a view to tracing the defendant.

The Court held that EU law precludes German legislation which establishes an authorization requirement for undertakings established in another Member State to provide services in Germany.

The point would be to milden the firm obligation to enforce Article 325 TFEU and disapply the statutes of limitations periods, imposed upon national courts in Taricco I, to the extent that the ICC could decide that the considerations of effective judicial protection and legal certainty preclude in general the disapplication of statutes of limitations periods.

It is preferred in the new EU FTIAs: ISDS is possible but private parties are precluded by the agreements from relying on them before domestic courts.

Consequently the Court did not find any reasons precluding the Commission form bringing an action before a national court, on behalf of the EU, demanding compensation for losses caused by an infringement where the same Commission had earlier found such infringeCourt did not find any reasons precluding the Commission form bringing an action before a national court, on behalf of the EU, demanding compensation for losses caused by an infringement where the same Commission had earlier found such infringecourt, on behalf of the EU, demanding compensation for losses caused by an infringement where the same Commission had earlier found such infringement.

In this case ISDS is lacking and investors are precluded from relying on the FTIAs before domestic courts.

Though the MOL has greater powers of search and seizure, there was nothing precluding the police from obtaining a search warrant so that the same evidence could be retrieved, the Court noted.

The court held that it was not precluded from considering the relative strength of each party's case, but only rarely should an attempt be made to resolve difficult issues of fact and law.

A recent case illustrates how one federal court of appeals applied the assumption of the risk doctrine to preclude an accident victim's ability to recover compensation for his injuries.

I use the word «required» in quotes because that same code section notes «the failure by a party to submit a parenting plan to the court does not preclude the court from issuing a temporary or final custody order.»

Because the Court of Appeals of New Mexico found that the Pielhaus» 2011 uninsured motorist claim was precluded by the family's 2004 lawsuit, the appeals court reversed the lower court's order and dismissed the Court of Appeals of New Mexico found that the Pielhaus» 2011 uninsured motorist claim was precluded by the family's 2004 lawsuit, the appeals court reversed the lower court's order and dismissed the court reversed the lower court's order and dismissed the court's order and dismissed the case.

Courts in other jurisdictions have precluded claims for informed consent based on the same facts as the negligence claims for failure to diagnose.

While the Court acknowledged that a remedy is appropriate in light of the Charter breach, the Court held that its determination of a remedy is precluded by the Crown prerogative over foreign affairs.

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823