We have represented people who felt that the court's
decisions in their case required another look by an appeals court, and we have helped them with their appeals.
Not exact matches
In the first
case, a majority of the stockholders is
required to make the
decision, and a simple notice to the IRS is all that is
required.
In this situation, the overall monetary policy decision was relatively straightforward as the required movement was the same to meet both inflation and output goals, as is the case in the event of demand shock
In this situation, the overall monetary policy
decision was relatively straightforward as the
required movement was the same to meet both inflation and output goals, as is the
case in the event of demand shock
in the event of demand shocks.
Upon returning to the workforce, Cheryl took the steps necessary to become a licensed financial services professional and quickly realized the vast majority of current and prospective retirees did not have access to the advice and resources
required to make an educated
decision on, what
in most
cases, will prove to be one of the most critical financial
decisions they'll ever make; when and how to claim Social Security retirement benefits.
(A
decision for same - sex marriage by a state could as
in the
case of Massachusetts, preempts the debate
in that state, but it is less far - reaching because it leaves other states to arrive at a different conclusion — unless, as some same - sex - marriage proponents have claimed, other states are
required to recognize such marriages under the Constitution's requirement of giving «full faith and credit» to other states» proceedings.)
In these and many other ways, the
case is advanced that Christianity is a public proposal within the realm of authentically public discourse, and
requiring decisions of immeasurable consequences, both personal and cultural.
Way of life, profession, forms of recreation, possibilities of education are no longer
in most
cases inescapable facts determined by social and economic conditions, but have been transformed into questions and problems
requiring moral
decision.
In any
case, our inquiry at this point must ask what sort of «theology for the social gospel» will square with the eternal truths of the Christian faith and thus be adequate to throw light on the
decisions required of our time.
2 The CDF was not asked,
required or empowered to make the
decisions it is alleged to have done
in this
case, but just to advise on due process.
According to Mumuni, the Bank Access to Information Committee (AIC)
in its
Decision on appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor
Decision on appeal issued
in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's
decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor
decision as
required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor denied.
The key here,
in both
cases, is that the presiding officer is
required to enforce the rules as they currently exist, but any
decision they make can be appealed to the whole Senate.
The Second Circuit found that a new Supreme Court
decision narrowing public corruption laws
in a
case involving former Virginia Gov. Robert McDonnell
required different instructions than those used by Manhattan U.S. District Judge Valerie Caproni.
Several months are
in any
case required for translation, review, etc. and a full
case, all the way to an ECJ
decision, takes several years.
This
decision was reaffirmed
in 2008 by Suffolk County Court
in the
case of Colaiacovo v. Dormer with Judge Gary J. Weber stating, «Simply put, the State of New York and its agencies are no longer
in a position to
require that a handgun be stored
in an inoperable condition or otherwise locked up if it is otherwise legally present
in the owner's dwelling.»
A recent appeals court ruling
in a
case that grew out of PSEG Long Island's expansion of an electrical substation on Old Stone Highway
in Amagansett, represents a mixed
decision for East Hampton Town, which had sought to hold the utility provider to local zoning laws that would have
required planning board review of the project.
In the Wednesday
case, a
decision to bounce candidates from the line because they did not submit a
required affidavit was upheld by the appellate court.
Making utilitarian rather than emotion - driven moral
decisions, and resisting the impulse to make low transfers to one's partner
require the suppression of the impulses to save one's baby,
in the one
case, and to keep the money,
in the other.
«
In our
case study, we found that employers often saw breastfeeding as a personal
decision, and therefore were unwilling to bring up the issue to their employees, even at crucial moments, such as when mothers file the
required paperwork for family medical leave.
This is a very serious condition that
in most
cases will
require rapid
decisions by a qualified medical professional.
Prior to these changes, educators lived
in a vague legal world, at the mercy of a Supreme Court
decision (the 1996 Virginia Military Institute [VMI]
case, United States v. Virginia), which
required an «exceedingly persuasive justification» of anyone wanting to set up single - sex schools or classes.
The school admissions code currently
requires the admission authority to make a
decision on the year group a summer - born five - year - old should be admitted to on the basis of the circumstances of the
case and
in the best interests of the child.
The School challenged OFSTED's Complaints Procedure on the basis that if an organisation, such as OFSTED, has an internal Complaints Procedure it ought to be «a fair and robust process that permits a substantive challenge and which gives the complaining party the possibility,
in appropriate
cases, of having the
decision changed» (although it was accepted that «fairness» does not necessarily
require an external appeals process).
The
case eventually made it to the 10th Circuit Court of Appeals, which determined that the district would not be
required to reimburse the family because it had met the standard of providing «some educational benefit,» which the 10th Circuit said was consistent with the standard established
in 1982
in the Supreme Court's Board of Education of Hendrick Hudson School District v. Rowley (Rowley)
decision.
The letter set out the
case for an unprecedented legal challenge over
decisions by the boards to increase the marks
required for a grade C
in GCSE English between January and June.
Janus wants the Supreme Court to overturn its 1977
decision in Abood v. Detroit Board of Education, a
case brought by a Detroit public school teacher who challenged a Michigan law that
required him to pay agency fees to the Detroit Federation of Teachers (
in an amount equivalent to the union's dues), even though he refused to join the union.
The
decision did cite ongoing
case law that
requires the state to examine a series of issues
in reviewing a charter application, including whether it would lead to racial segregation
in schools.
For instance, 16 states now
require that tenure
decisions factor into performance on the front end, and seven states allow districts to revoke tenure
in the
case of consistently poor performance.88
(c) The Secretary shall also insure that (1)
in developing and carrying out individualized written REHABILITATION program
required by section 101
in the
case of each handicapped individual primary emphasis is placed upon the determination and achievement of a vocational goal for such individual, (2) a
decision that such an individual is not capable of achieving such a goal and thus not eligible for vocational REHABILITATION services provided with assistance under this part, is made only
in full consultation with such individual (or,
in appropriate
cases, his parents or guardians), and only upon the certification, as an amendment to such written program, that the * evaluation of REHABILITATION potential has demonstrated beyond any reasonable doubt that such individual is not then capable of achieving such a goal, and (3) any such
decision shall be reviewed at least annually
in accordance with the procedure and criteria established
in this section.
The General Attorney occupation covers professional legal positions involved
in preparing
cases for trial and / or the trial of
cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents
required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing
decisions for consideration and adoption by agency officials.
In some
cases, we may
require additional information prior to making the final
decision.
In addition, the Company expects the judge hearing the Company's long running litigation with the former minority owners of the Company's Haru segment to issue a decision in the case shortly which will require the Company to make a payment of at least $ 3.7 million (the amount offered by the Company) and as much as $ 10 million (the amount sought by the former minority owners
In addition, the Company expects the judge hearing the Company's long running litigation with the former minority owners of the Company's Haru segment to issue a
decision in the case shortly which will require the Company to make a payment of at least $ 3.7 million (the amount offered by the Company) and as much as $ 10 million (the amount sought by the former minority owners
in the
case shortly which will
require the Company to make a payment of at least $ 3.7 million (the amount offered by the Company) and as much as $ 10 million (the amount sought by the former minority owners).
Moreover,
in this line of
cases, there already had been a
decision that adopts a two - part test for bona fide tax - exempt nonprofit credit counseling agencies,
requiring such agencies to: (1) be recognized by the IRS as being exempt from federal income taxation under section 501 (c)(3) of the Internal Revenue Code; and (2) actually operate as a bona fide nonprofit organization.
To the extent that the Amgen defendants were arguing that the Supreme Court
decision established new standards of liability to be considered, the 9th Circuit noted that it had already considered
in its previous
case that fiduciaries are not
required to perform an act that would do more harm than good to retirement plan participants.
To ensure a fair and reasonable outcome is achieved
in each
case, the
decision will be made
in accordance with the statements and principles set out
in the Taxpayers» charter, compliance model, and the good
decision - making model (which
requires that the
decision be legal, ethical, overt, sensible, timely and
in accordance with the principles of natural justice).
Unprejudiced and positive tests are therefore greatly needed, and these can only be found
in show and trials under judges who have the common interest so keenly
in view that they will allow neither friendship nor personal bias to control the awards; men who will bear ever
in mind that upon their
decision will greatly depend the future reputation of the animal
in the stud, and who will therefore examine carefully each specimen before them, giving due credit to beauty and blood, but
in all
cases where possible
requiring also performance were they pronounce a favorable verdict».
In either
case it is the mission of this practice to provide you with all the information you
require to make an informed
decision, to give your pet the best and most compassionate care available and to keep you informed of your patient's progress.
The ASPCA expects animal sheltering organizations to make every effort to find adoption or placement options for the animals
in their care, while also recognizing that shelters
require discretion to make the best
decisions for those animals and the communities
in which they live, particularly
in cases involving severe behavior or medical issues or dogs deemed dangerous under applicable law.
It seems that the definition of «consensus» varies by field, just as the
decision - making framework does, with unanimity or near unanimity expected from the scientific community, even including those scientists who
in many
cases have not really embedded themselves
in the literature nor been
required to put together a coherent assembly and analysis of scientific knowledge (and even including, somehow, CEI's [Competitive Enterprise Institute] lawyers with their ExxonMobil support, who are often quoted as the contrary view
in papers on the science of climate change).
POWERING THE PLANET is an eye - opening look at some of the world's most important
case studies
in smart energy
decisions, and a provocative assessment of what it takes to build a sustainable energy infrastructure — a process that spans decades and
requires long - term government support.
In most cases, adaptation requires information and tools coupled to a decision - support process steered by strong leadership, and there are a growing number of examples in the Northeas
In most
cases, adaptation
requires information and tools coupled to a
decision - support process steered by strong leadership, and there are a growing number of examples
in the Northeas
in the Northeast.
Where national commitments have been deduced from collective
decision making — such as the
case in the EU — nations should be
required to explain the equity and justice basis for its national commitment.
In Mass. v. EPA, the Court based its
decision partly on the view that an endangerment finding would not lead to «extreme measures,» such as an outright ban on motor vehicle greenhouse gas emissions.76 However,
requiring tens of thousands of small sources to obtain PSD permits and 6.1 million to obtain Title V permits annually would be an extreme
case.
Little did I know that,
in the dank toilet of DC justice, they can, on the one hand, have two trial judges simultaneously ruling on the same
case while, on the other hand, be entirely unaware of whether their own anti-SLAPP law is appealable and thus
require a
decision from the Appeals Court on whether the law is appealable before the appeal can be appealed.
Thus, for example,
in the present
case the president of the Queen's Bench Division observed: «Courts and Tribunals acting judicially are generally
required to give reasons for their
decisions, and further normally
required to publish them for the proper public administration of justice so as to comply with Article 6 of the European Convention on Human Rights.»
However, the General Court accepted Gifi's argument that the Board failed to examine all the evidence it had produced, and the Board's judgment did not mention several of the designs cited: «
In the present case, it is clear that, in the light of the Board of Appeal's assertion that it was required to re-examine the application for a declaration of invalidity in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.&raqu
In the present
case, it is clear that,
in the light of the Board of Appeal's assertion that it was required to re-examine the application for a declaration of invalidity in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.&raqu
in the light of the Board of Appeal's assertion that it was
required to re-examine the application for a declaration of invalidity
in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.&raqu
in its entirety, followed by a one - by - one examination of the contested design
in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.&raqu
in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested
decision, or the context
in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.&raqu
in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.»
Attorneys successfully defended a motion for class certification
in connection with
case involving an insurer's
decision to
require that third party claimants obtain their own salvage certificate of title for vehicles appraised to be a total loss as...
In contrast, previous case law in this area (e.g. decisions about bonuses) required the employee to show that the employer had acted «arbitrarily» or «capriciously ``: arguably this was a lower threshold for employees than having to show that «no reasonable employer» would have made the decisio
In contrast, previous
case law
in this area (e.g. decisions about bonuses) required the employee to show that the employer had acted «arbitrarily» or «capriciously ``: arguably this was a lower threshold for employees than having to show that «no reasonable employer» would have made the decisio
in this area (e.g.
decisions about bonuses)
required the employee to show that the employer had acted «arbitrarily» or «capriciously ``: arguably this was a lower threshold for employees than having to show that «no reasonable employer» would have made the
decision.
If the partners don't ignore the
decision, they may oppose it,
in which
case every management
decision becomes a partnership
decision,
requiring debate and consensus among the partners and wasting valuable partner time.
In cases in which the Fourth Amendment requires that a warrant to search be obtained, «probable cause» is the standard by which a particular decision to search is tested against the constitutional mandate of reasonablenes
In cases in which the Fourth Amendment requires that a warrant to search be obtained, «probable cause» is the standard by which a particular decision to search is tested against the constitutional mandate of reasonablenes
in which the Fourth Amendment
requires that a warrant to search be obtained, «probable cause» is the standard by which a particular
decision to search is tested against the constitutional mandate of reasonableness.
When a scenario arises whereby separate applications and hearings are
required, clients may think that this is just an opportunity for their lawyers to charge them yet more fees, but
in some
cases, the
decision in Morris v Morris [2016] EWCA Civ 812, [2016] All ER (D) 58 (Aug) being an example, different applications need to be kept separate for very good reason.