Not exact matches
Those
earlier tariff
cases gave US importers and other interested persons an opportunity to argue whether such added duties are justified and an opportunity to seek
judicial review of agency decisions.
«The fact that there is an on - going
judicial Inquiry probing and taking evidence under oath means that I do not believe that I could usefully add to the facts in this
case though I remain available should circumstances change or new evidence emerge,» Sir Alex wrote in a letter sent
earlier today.
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.
The Massachusetts Supreme
Judicial Court heard oral arguments in the
case earlier this month.
Nevada's First
Judicial District Court Judge James Wilson granted a preliminary injunction in the
case of Lopez v. Schwartz
earlier this month, halting the state's Education Savings Account Program (ESAP) established by Senate Bill (SB) 302.
The alliance is hoping for an
early decision from the court on whether to allow a
judicial review of the
case which they hope could take place before the new year.
The protocols promote greater cooperation and
early settlement and facilitate efficient
case management to control the pre-action behaviour of the parties, performing an important function in filtering out which
cases require
judicial attention.
These
early stages are intended to effectively limit the number of
cases that move on to stage 2 (conciliation and
case management) and stage 3 (
judicial consideration of documents and ultimate determination) of the OC process.
The judges behind the reforms had a well - intentioned view that
early and rigorous
judicial case management would make the process cheaper and more efficient.
There are, of course,
earlier cases where an appeal was allowed on the basis that the decision of the trial judge was not truly a
judicial decision.
For example, I've seen several instances in which lawyers base legal arguments primarily on recent
case law located from electronic databases or from
judicial consideration of current statute only, without reference to
earlier versions of the same provisions.
Traditionally, there was very little
judicial control over a
case at its
early stages.
Its other recommendations include: greater
judicial case management, with specialist judges and
early intervention; agreement on circumstances in which parties might lose costs protection; drawing up realistic budgets; and allowing the courts to continue to exercise cost - capping powers.
In the
early 80's, the Canadian Law Information Council (CLIC) noted that the «style of cause» was an important tool to locate decisions and track
judicial history in law reports, and that the lack of consistency among those prepared by different publishers was therefore a significant hindrance to the reliability of legal research (see Lounder,
Case law reporting in Canada, 1982 and Helleiner, Standards for headnoting: case identification, CLIC, 19
Case law reporting in Canada, 1982 and Helleiner, Standards for headnoting:
case identification, CLIC, 19
case identification, CLIC, 1984).
PSW filed one of the
earliest cases on behalf of the direct purchasers and successfully argued before the
Judicial Panel on Multidistrict Litigation for consolidation of the
cases in the Northern District of California.
GM had
earlier filed a motion requesting a stay on ignition switch lawsuits until a
judicial panel on multidistrict litigation rules whether to consolidate
cases.
In a judgment released
earlier today (Speciality Produce Limited v Secretary of State for Environment, Food and Rural Affairs [2014] EWCA Civ 225), the Court of Appeal dealt with a
case where the claimant, SPL, had sought
judicial review of an initial decision by the Rural Payments Agency derecognising it as a producers organisation under the relevant EU Regulation.
A Request for
Judicial Intervention is usually filed
early on in such a
case.
Judicial responses to alienation include: ordering an assessment; ordering supervised access on a permanent basis; intervention in the
early stages of the dispute, before the problem has had time to become «true» alienation, or in the
early years of a child's development; changing custody on a temporary basis; determining whether «pure» or «mixed» alienation is taking place; keeping the courts involved; suggesting counselling; making a finding of contempt; making a no - contact order; involving the Children's Aid Society; not making a parallel parenting order; meeting with the children; and in extreme
cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually took place.
Joining a recent
judicial trend, the Eleventh Circuit has overruled its
earlier decision in the Culpepper
case that had allowed a class - action lawsuit to proceed for payment of a yield - spread premium by a mortgage lender to a mortgage broker.
Based on these
earlier cases, the Court concluded that past precedent supported
judicial deference to legislative judgments on what constituted a sufficient public good justifying the use of the takings power.