Sentences with phrase «earlier ruling in the case»

The Court disagreed with the defendant and, invoking its earlier rulings in cases like Wojciechowski and the case - law cited therein, decided that it indeed has jurisdiction to answer the referring court's request.

The combination of that decision and an earlier ruling in the case of The RBS Rights Issue Litigation [2016] EWHC 3161 has meant a tightening of the ability of corporates to assert legal professional privilege in the context of internal investigations.

Not exact matches

I mentioned the 4 percent rule earlier; in case you aren't familiar, this is a widely - cited informal rule that, as long as you withdraw no more than 4 percent of your well - diversified investments per year, you should be able to outlive your savings indefinitely.

A ruling against Aereo would conflict with its earlier decision in the Cablevision case, the majority said.

Yet, the current rules require that much of the cost be written off as an expense when it is incurred, meaning that early years in a product development tend to show very low profits, or in some cases even massive losses, with inflated profits toward the end.

In my case my earliest and continuing favorite is Huckleberry Finn from which I first learned that truth and personal integrity are often beyond the rules of society.

For in this case Christians did not take the land by might of arms but by persuasion, and ruled not as foreign conquerors but as inhabitants and natives, harvesting the fruit of earlier centuries during which the bulk of the local population gradually adopted the new religion as its own.

Italian courts ruled earlier that the cross was a symbol of Italy's history and culture, prompting Lautsi to take her case to the European court in Strasbourg, France.

For him, this decision to vacate the earlier ruling in spite of the cases at the Supreme Court is «calculated to interfere with, prejudice and also to undermine the outcome of the two applications pending before this Honourable Court.»

That belief has now been overtaken by the ruling in the McNally case earlier this year, in which Lord Justice Leveson appears to have extended the law and determined that in some exceptional cases, misleading one's sexual partner can invalidate consent.

Earlier this month acting Supreme Court Justice George C. Pulver Jr. ruled that LoPorto will be retried alone in June in the ballot fraud case.

The government's lawyers are due to lay out their argument in more detail tomorrow but at an initial hearing earlier this month, they claimed that a first tier tribunal only has the power to identify that legislation is incompatible with the Human Rights Act - not to rule on a case on that basis.

In a ruling issued earlier this month, but was made known yesterday, a Livingston County court judge allowed a lawsuit against the state's same - sex marriage law to continue, writing in scathing opinion that New York's notoriously narrow Open Meetings Law could be reviewed in the casIn a ruling issued earlier this month, but was made known yesterday, a Livingston County court judge allowed a lawsuit against the state's same - sex marriage law to continue, writing in scathing opinion that New York's notoriously narrow Open Meetings Law could be reviewed in the casin scathing opinion that New York's notoriously narrow Open Meetings Law could be reviewed in the casin the case.

The push by a JCOPE commissioner appointed by Silver to legislators applying for exemptions from new financial disclosure rules — passed in the wake of Silver's corruption indictment earlier this year — to submit the paperwork seeking exemptions by hand, in person, and not just by email, could weaken future corruption cases.

Cuomo's preferred slate to run the Women's Equality Party got a boost from an appellate court decision, but a ruling on a similar case is due early next week in Rochester.

A judge ruled in the city's favor in the case earlier this month, but Malliotakis has said she plans to appeal the ruling.

History abounds with further examples of authoritarian leaders like Lee Kuan Yew, Suharto of Indonesia, Mahathir Mohamad of Malaysia and Park Chung - hee, all from East Asia, who ruled their countries from the 1960s to the early 2000 in some cases.

A Manhattan Supreme Court justice recently ruled that the tenured professor can keep his position until a special hearing is held to determine whether he can stay on, but he has to post a $ 350,000 bond in case he loses so the school can easily recover his salary and other costs if it wins, The Post exclusively reported earlier this month.

Bonventre compares the ruling to Chief Justice John Marshall's reasoning in the early 1800's case Marbury versus Madison, which established the right of judicial review.

This was sequel to an earlier ruling on Wednesday by a Federal High Court in Abuja which turned down Metuh's application for the release of his passport to enable him embark on a foreign medical trip having filed a no - case submission before it.

Last month, Monsanto withdrew the suit in the Dutch court and settled the case with soy meal importers after a preliminary ruling earlier this year signaled that it was likely to lose the case.

The four cases appear to have been infected in early July just north of downtown Miami in an area of about 2.5 square kilometers, the Florida health department reported after doing intensive investigations to rule out the possibility that the patients were infected by traveling to affected countries or via sex with infected people.

U.S. District Court for the District of Columbia Chief Judge Royce Lamberth, who earlier had ruled against the National Institutes of Health, this time came down on NIH's side in several key arguments in the case.

Indeed, an investigation by New Scientist earlier this month showed that the EU rules would exclude exactly such cases and could make H1N1 appear much less widespread in Europe than it is.

We already got a preview to the court's view on benefits in an earlier case, Kanerva v. Weems, where the court ruled that retiree health care benefits are constitutionally protected.

A district panel ruled earlier that Kansas schools were illegally underfunded, which led to Wednesday's case in front of the Kansas Supreme Court.

(A 2014 ruling in that case sided with the students but was overturned by an appellate court earlier this year; the plaintiffs are now appealing to the California Supreme Court.)

Four months earlier, Weingarten demanded that U.S. Secretary of Education Arne Duncan to back down from his mild praise of the California superior court judge's ruling in the case to abolish near - lifetime employment and dismissal rules, complaining that he was adding to the «polarization» of debates over education policy.

Seven years earlier, the ninth Circuit Court of Appeals similarly ruled, in the Mendez vs. Westminster case, that Mexican American children could not be denied a quality education because they were Mexican American.

In early 2018, the Connecticut Supreme Court ruling in the historic CCJEF v. Rell case shifted the responsibility for fixing the problem to our elected officialIn early 2018, the Connecticut Supreme Court ruling in the historic CCJEF v. Rell case shifted the responsibility for fixing the problem to our elected officialin the historic CCJEF v. Rell case shifted the responsibility for fixing the problem to our elected officials.

The inclusion in Vermont of religious schools was struck down in 1999, in the Chittenden case, by the Vermont Supreme Court, which had earlier ruled that the inclusion of religious schools would not violate the federal Establishment Clause.

As per an email I received earlier today from Bruce (i.e., Sheri's husband / attorney who prosecuted her case), the Court otherwise «declined to make an overall ruling on the [New York growth] rating system in general because of new regulations in effect» [e.g., that the state's growth model is currently under review]... [Nontheless, t] he decision should qualify as persuasive authority for other teachers challenging growth scores throughout the County [and Country].

Tell the class that, in the field of law, a precedent is a rule established in an earlier case.

Samsung had earlier lost their case in court and had to stop selling their Galaxy Tab 10.1 in Germany due to a ruling by a local... [Read more...]

However, the rules on limitation (in this case 6 years) talk about «the earliest time at which an action could be brought» it might be that being out of the country means this time does not start until return of the defendant (or until the defendant could be located).

Earlier this month, a state court in Massachusetts ruled that the case could go forward, despite the Trump Justice Department's claim that the federal Higher Education Act pre-empted the state's right to sue the servicer, which is under contract to the federal government.

But in case you retire earlier, or in case the pension income splitting rules change in the future, it's a good idea to contribute to a spousal RRSP for your contributions after first taking care of your required Home Buyer's Plan repayment each year, Simon.

In both cases American has inserted the rule that only flights booked after 31 August will qualify for bonus miles but, historically, this rule hasn't always been applied (like with the European bonus miles promotion earlier this year).

In each case the results agreed with the rule of thumb given earlier.

1 Sept: FarmOnline: Lucy Knight: Peter Spencer wins his day in High Court PROPERTY rights crusader, Peter Spencer, who went on a hunger strike on his southern NSW farm earlier this year, has broken down outside the High Court in Canberra following an unanimous decision in his favour to finally have his case heard... But the High Court today ruled that Mr Spencer has a case to be heard, and that there was essentially no case to stop it from being heard.

Earlier this month the Court of Appeals of Indiana ruled (via Deliberations) in an interesting case that involved a jury deciding that a plaintiff should be awarded $ 336,300 in damages, but failing to adequately communicate that to the court because of confusion about how the verdict form worked.

Thorpe LJ provides some helpful procedural advice which may be incorporated into new family courts rules; but, in the longer term, does this case represent a continued widening of the door for outright capital provision for unmarried carer parents — in line with Re P (a child: financial provision)[2003] EWCA Civ 837, [2003] All ER (D) 312 (Jun)-- as against the interests in possession during a child's dependency favoured by earlier cases, eg T v S [1994] 1 FCR 743, [1994] 2 FLR 883; A v A [1995] 2 FCR 353, [1995] 2 FLR 356; J v C (a child: financial provision)[1998] 3 FCR 79, [1999] 1 FLR 152?

But — again focusing on the statutory rape charge at the heart of the case, and not on the charges that required a showing of lack of consent — it's hard to see perversion of justice in sticking with an old rule that would set the age of consent one day earlier than the majority thinks reasonable.

The Ontario Court of Appeal decision in December overturned a ruling six months earlier by Ontario Superior Court Justice David Brown, who had granted Chevron a stay in the proceedings on the basis that the case had little hope of success and that Chevron Canada's assets were not directly owned by Chevron Corp..

A principle or rule established in an earlier case that binds or persuades courts when they decide later cases with similar facts.

The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Circuit.

Earlier today I applauded Google for promoting, as part of a broadbased industry coalition, balance and rationality in connection with the rules of procedure of Europe's future Unified Patent Court, and I congratulate its lawyers on having presented the outcome - determinative prior art reference to the Federal Patent Court of Germany in the photo gallery case.

Earlier this month, a state appellate court issued a written opinion in a personal injury case that illustrates the importance of following all procedural and court rules in South Florida medical malpractice cases.

Earlier statistics regarding ICC cost decisions seem to suggest that arbitral tribunals in most cases start with the rule «costs follow the event» but in the end decide that each party has to bear its own costs.

The First Chamber's reasoning in Pelckmans closely follows the parameters set by the Grand Chamber in previous rulings, principally: Case C - 617 / 10 Fransson — analysed in earlier posts on this Blog (1)(2).