Sentences with phrase «decision is subject to an appeal»

That decision is subject to an appeal at the suit of Huawei, the hearing of which will take place next month.

Not exact matches

(b) Persons subject to the Act who believe that they are adversely affected by a noncompliance decision of a State organic program may appeal such decision to the State organic program's governing State official who will initiate handling of the appeal pursuant to appeal procedures approved by the Secretary.

(a) Persons subject to the Act who believe they are adversely affected by a noncompliance decision of the National Organic Program's Program Manager may appeal such decision to the Administrator.

(c) Persons subject to the Act who believe that they are adversely affected by a noncompliance decision of a certifying agent may appeal such decision to the Administrator, Except, That, when the person is subject to an approved State organic program, the appeal must be made to the State organic program.

(Calif.) Reversing a prior decision, an appeals court ruled this week that private communications sent on personal electronic devices and saved on private data systems are not subject to disclosure under the California Public Records Act.

The school's decision as to whether the failure to register was willful is not subject to appeal.

The decision of the Foundation is final and is not subject to review or appeal.

Appeals of worker's compensation decisions are also subject to time limits.

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

[56] Decisions of the Tribunal are subject to judicial review in the Federal Court of Appeal.

[74] The decision of the review officer or panel is subject to judicial review, but not to appeal.

This is the proposal that decisions relating to a healthcare professional's health, made by the OHPA or the relevant committees of the other healthcare regulators, should be subject to the Council for Healthcare Regulatory Excellence's power to refer to the High Court under s 29 of the NHS Reform and Healthcare Professions Act 2002 (pending the GMC receiving powers to bring its own appeals against decisions of the OHPA).

The decision to refuse those requests was the subject of judicial review and subsequent appeals culminating in a judgment from the House of Lords.

And just how far these powers go to enable councils to tackle serious issues of anti-social behaviour in their areas was the subject of the recent decision of the Court of Appeal in Birmingham City Council v Shafi and another [2008] EWCA Civ 1186, [2008] All ER (D) 304 (Oct).

Subject to any successful appeal of the decision, water companies will urgently need to consider how they organise their systems to comply with the EIRs as it is of general application.

The US government appealed against Judge Coleman's decision, but today it was upheld by the High Court, which gave the US authorities a deadline to assure the court that, if Giese was found guilty, «there will be no attempt to make him the subject of a civil commitment order».

We regularly undertake reviews of decisions made by the courts where defendants have been convicted, sentenced and / or made the subject of some other order in circumstances that may give rise to an appeal.

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

Our attorneys have experience with situations where physicians are subject to group peer review and have assisted the physicians with their provider dispute resolution process, including appeal of unfavorable decisions regarding network participation privileges.

In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada's re-shaping of judicial review doctrine to decisions taken by discretionary decision - makers: [19] I am inclined to find that the Director is subject to this «normal» or -LSB-...] Read more

Where a tribunal is insufficiently alert to its responsibility in ensuring that such a litigant is properly informed of their rights to rectify certain procedural deficiencies on their part, the tribunal's decision might be subject to an appeal based on a denial of procedural fairness.

The case presents two procedural issues under the AIA trial format: First, whether the PTAB should construe claims during an IPR using the USPTO's «broadest reasonable interpretation» (or «BRI») construction standard; and second, whether the PTAB's decision to institute review is subject to review by the U.S. Court of Appeals for the Federal Circuit.

The reduction in appeal rights which has largely ended the era by which most government decisions (outside of asylum and family migration cases) are subject to review by independent judges.

The Court of Appeal has unanimously ruled that a private school's decision to expel a student is not subject to judicial review.

[3] In a divided decision, the Federal Circuit affirmed the PTAB by ruling that the decision to institute was not subject to appeal and that the PTAB reasonably acted within its rulemaking authority in construing claims under the BRI standard.

Subject to any appeal, the EAT's decision is now binding on other employment tribunals and as a result, may have ramifications for other employers using self - employed personnel and / or app based services.

Limitation periods are interrupted in cases of (i) notification or summon, even if by public notice, (ii) any unequivocal act of investigation, (iii) decision of conviction subject to appeal, and / or (iv) any unequivocal statement for settlement purposes inside the federal public administration.

In a recent decision of the Court of Special Appeals of Maryland, Maryland's intermediate appellate court addressed the question of whether a New York resident could be subject to personal jurisdiction in a Maryland paternity and support action based on his filing of an answer to the original complaint for custody, his request for genetic testing, and his request for discovery.

This policy was the subject of a human rights complaint that eventually made its way to the Ontario Court of Appeal and resulted in the well - known Entrop v. Imperial Oil decision, in which the court decided that Imperial Oil's policy infringed the Ontario Human Rights Code.

Because arbitration decisions are typically not disclosed and not subject to appeal, consumers and workers are left without recourse and must bear the cost of unfair, deceptive and harmful practices.

Thus, had the Lotockys been able to obtain Mr. Berger's opinion before the appeal period expired, and decided that they did not wish to risk an appeal, their decision would not have been subject to supervision or comment by the Public Guardian and Trustee.

The court reversed the appeal court decision and upheld the first instance court on the ground that the subject matter was different: one in the matter of trademark infringement and the other was in relation to the copyright.

Unless this decision is appealed, it stands for the proposition that the use of a commercial agent does not mean that the underlying activities are automatically subject to PIPEDA.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

If their claim is denied, fairly or unfairly, they will have no right to appeal the decision and will be subject to immediate removal

On May 3, 2012, the Supreme Court of Canada denied Conrad Black («Black») leave to appeal the decision of the Court of Appeal for Ontario upholding the decision of the Honourable Justice Campbell to seal certain privileged and confidential information contained in settlement agreements between Hollinger Inc. («Hollinger») and certain settling parties, that are subject to court appappeal the decision of the Court of Appeal for Ontario upholding the decision of the Honourable Justice Campbell to seal certain privileged and confidential information contained in settlement agreements between Hollinger Inc. («Hollinger») and certain settling parties, that are subject to court appAppeal for Ontario upholding the decision of the Honourable Justice Campbell to seal certain privileged and confidential information contained in settlement agreements between Hollinger Inc. («Hollinger») and certain settling parties, that are subject to court approval.

In the March 29, 2012 decision Re Rowan, the Ontario Court of Appeal decided, among other issues, that individuals involved in proceedings at the Ontario Securities Commission (the «Commission») who are subject to monetary penalties imposed under the Ontario Securities Act (the «Act»), are not afforded the protections of the Charter of Rights and Freedoms.

Naz v Agron Michigan Court of Appeals Docket No 259110 (April 21, 2006)(affirming lower court decision to grant summary disposition on claims because they were subject to agreement to arbitrate)

More significantly, 55 % of these women partners reported they were occasionally or frequently denied their fair share of origination credit, two - thirds were uncomfortable with appealing their compensation decisions, and 30 % were subjected to intimidation, threats and bullying when they did express disagreement.

As a result of this decision, the IPC (subject to an appeal the Supreme Court of Canada will hear this fall) now has the ability to decide independently whether records subject to the law enforcement and solicitor - client privilege exemptions should be disclosed in the public interest.

determinations, awards, orders and other decisions of the Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court.

In the recent decision of Mega International Commercial Bank (Canada) v. Yung («Mega International»), the Ontario Court of Appeal provided an analysis of the contentious issue of whether the limitation period for a contribution and indemnity claim (under section 18 of the Limitations Act, 2002 («the Act»)-RRB- is an absolute limitation period, or if it is subject to issues of discoverability.

45.8 Subject to section 45.7 of this Act, section 21.1 of the Statutory Powers Procedure Act and the Tribunal rules, a decision of the Tribunal is final and not subject to appeal and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasSubject to section 45.7 of this Act, section 21.1 of the Statutory Powers Procedure Act and the Tribunal rules, a decision of the Tribunal is final and not subject to appeal and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreassubject to appeal and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable.

Decisions of the AIT in Scotland are subject to review in the Court of Session rather than the English courts, (see the decision in Tehrani v Home Secretary, now under appeal to the House of Lords, for the traditional borderline) and rather belatedly the English Legal Services Commission has realised that English legal aid should not be made available for Scottish hearings.

S209376 (unpublished appellate decision): is a trial court award of statutorily - mandated fees and costs incurred on appeal subject to the Enforcement of Judgments Statutes if the statutory authority underlying the award is the Elder Abuse Act?

The role of risk assessment in the regulation of health and safety in the workplace is a subject in its own right, but it should be noted that the decision of the Court of Appeal in Allison v London Underground Limited [2008] EWCA Civ 71, [2008] All ER (D) 185 (Feb) was a clarion call to the courts, and through them to employers, to recognise the significant increase in employer responsibility that the obligation to risk assess has created.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

«The decision of the arbitrators shall be subject to appeal in accordance with the provisions of The Arbitrations Act, R.S.O. 1970, as amended, or any successor Act.»

That must necessarily depend on the significance of the right interfered with, the degree of interference involved, and notably the extent to which, even on a statutory appeal, the court is competent to reassess the balance which the decision - maker was called on to make given the subject - matter.

(6) At the time appointed, the judge of the Superior Court of Justice shall recount the ballots or such of them as are the subject of appeal, and shall forthwith certify his or her decision to the judge who conducted the recount, whose duty it is to conform to the decision and to certify the result without delay to the returning officer.