The trial court
dismissed the allegations made against the Broker in his capacity as a corporate officer of the Brokerage and the court also entered judgment in favor of the Broker individually on the other alleged violations of the Act, ruling that Crank's actions could not be attributed to the Broker individually, only the Brokerage, because the Brokerage was a corporation.
Moshood also
dismissed the allegations made by Misau, saying postings are routine administrative tools to ensure that police officers provide better service to the public.
However, not everyone was so quick to
dismiss the allegations made against Seacrest by former E! stylist Suzie Hardy.
In the brief statement, the company
dismisses the allegations made in the 70 - page suit, launched by Benzies through US law firm, Locke Lord.
Not exact matches
O'Reilly has shrugged off the controversy and he
dismissed the
allegations against him in a statement that said his fame
makes him «vulnerable to lawsuits from individuals who want me to pay them to avoid negative publicity.»
I have unreservedly apologised for the way I handled and approached the inquiry and I am pleased that the committee has fully
dismissed all of the
allegations made against me.
If we all agree that Andrew should be treated exactly like anyone else than it is time to ask whether public sector workers should be summarily sacked if someone
makes an unproven and discredited
allegation that they called someone else a name, or whether we should
dismiss people who are heard to use the word f *** ing» whilst stalking off in a huff.
In a judgment
dismissing the claim, Justice Rilwan Aikawa held that following the decision of the Supreme Court in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate
allegations of corrupt practices
made against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its duties.
A third
allegation that Collins may have purchased discounted Innate stock that was only
made available to him because he is a congressman should be
dismissed, the board recommended.
Similar
allegations made in the past have typically been
dismissed but President Muhammadu Buhari, who was just one month into office at the time, vowed to look into the claims.
For a time, Chalamet seemed like a potential dark - horse spoiler, but the best picture nomination for Darkest Hour — and the curious failure of the assault
allegations in his past, which were
dismissed in court, to affect his campaign — have
made that seem virtually impossible.
Dr Pachauri also
dismissed UK press
allegations that he has
made a fortune from carbon trading thanks to links between Teri and private companies.
In considering a defendant's motion to
dismiss, the court must assume that
allegations in the complaint are true, so that any challenge at this stage is
made strictly as a «matter of law» — what the law of your state says about a specific situation.
In a June 28 decision, Human Rights Tribunal of Ontario vice chairwoman Ena Chadha sided with the Elias and
dismissed all of Visic's
allegations, almost three years after she first
made them and nearly four years since her termination by the firm.
«(i) that in matters of personal conduct he would be subject to the hospital's general procedures and that in matters of professional conduct he would be subject to a procedure agreed by the Local Negotiating Committee in respect of medical practitioners; (ii) that he was accused by the Trust of personal and professional misconduct; (iii) that because of the nature of the
allegations made against him he was contractually entitled to a formal disciplinary hearing by a panel which included a clinician of the same discipline as himself and a legally qualified chairman, before which he would have the benefit of legal representation, if he so wished; (iv) that the disciplinary hearing which resulted in the findings of misconduct was not conducted in accordance with the terms of his contract of employment because the panel did not include a clinician of the same discipline as himself, nor a legally qualified chairman and because his request to be allowed legal representation was refused; (iv) that following the panel's findings he was
dismissed for personal and professional misconduct; (v) that if the proceedings had been carried out in accordance with his contract of employment the panel would not have found that he was guilty of personal and professional misconduct and he would not have been
dismissed; (vii) that because he was
dismissed on the grounds of personal and professional misconduct (including dishonesty) he has been unable to find comparable alternative employment» [at para 10]:
A review of case law
makes clear the majority of such
allegations are
dismissed at trial due to insufficient proof.
In
dismissing Nicholson's request for removal, Federal Court Prothonotary Mireille Tabib wrote: «Parliament has indeed empowered the CJC to investigate complaints and
allegations made against judges, including those sufficiently serious to warrant their removal.
The recent sexual harassment
allegations have
made us question whether or not such cases are rising, but the
dismissed concept is that nothing has really changed; the powerful will continue to have the option of abusing their authority, victims will always feel humiliated and sexual harassment claims will remain a «he said, she said» battle.
Johnson was claiming breach of the term of mutual trust and confidence leading to psychiatric illness, after his employer summarily
dismissed him based on
allegations made against him.
On the other hand, there are a couple of cases decided by Vice-Chair Wilson (i.e. Nunes v. Ulbricht) which consider the issue settled: «The Board has determined that it does not have jurisdiction to inquire into a harassment complaint or an
allegation that an employee has been
dismissed for
making a harassment complaint known to the employer.»
A court may award a
dismissed employee a longer notice period if an employer
makes unsubstantiated
allegations about the employee that will
make it more difficult for the employee to find alternative work.
As an accomplished and experienced criminal defense attorney in Fresno, he knows how to assemble a solid defense against
allegations and present the facts of your case in a way that may
make it possible to get your charges reduced or even
dismissed.
In all of these decisions, the
dismissed employee would likely have been required to accept offers of re-employment had the employer not
made negative
allegations about the employee at the time of dismissal.
The Judge ruled that the Council had the power to investigate the
allegations under s. 28 of the Localism Act 2011 and other provisions, and
dismissed claims that the Council's process was vitiated by actual or apparent bias because of comments
made by an external investigator.
The Tribunal also took issue with HPARB's treatment of the complainant's
allegation that the notations on the conditional certificates violated the Code, as HPARB
dismissed the
allegation as failing to
make out any direct discrimination, but failed to address this
allegation as one of adverse impact discrimination (¶ 48).
However, a judge might simply
dismiss a claim as not proved on the balance of probabilities without finding that the
allegation of fraud was
made out; the legal burden remained on each claimant to prove their case.
Maryland federal court has considered a multiple listing service's motion to
dismiss two antitrust
allegations made in a counterclaim to the multiple listing service's copyright infringement lawsuit.
The court also found that the trial court had properly
dismissed the misappropriation of trade secrets
allegations, as the disclosure of the «Letter of Intent» by Nelson to Duemeland did not constitute misappropriation of a trade secret because there was no evidence that Duemeland had
made any attempt to obtain the letter from Nelson.
185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must
make the same disclosure to a buyer that the law requires a seller to
make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its
allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint
dismissed