Sentences with phrase «established case law in»

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

Not exact matches

If a business is owned by a properly established trust, and it is sued, in most cases the only assets that can be attacked or attached in a court of law are those that are in the trust itself.

(It is well established case law that an attorney can't represent a client in which he himself is a witness in the case.)

In Canada, the notion of plea bargains or immunity deals in exchange for co-operation are well - established in criminal law in cases facing individualIn Canada, the notion of plea bargains or immunity deals in exchange for co-operation are well - established in criminal law in cases facing individualin exchange for co-operation are well - established in criminal law in cases facing individualin criminal law in cases facing individualin cases facing individuals.

I believe that in cases where no law has been broken but harassment has occurred, the Parliamentary authorities should suspend the MP until everyone involved has been interviewed and the truth established.

Nor are there lacking among most peoples some legal requirements established by the gods, as in the case of the Mosaic and Levitical law in the Bible.

In neither case does it reflect a disrespectful view of divine law (which both the Old and the New Testament see as grounded in divine grace), but rather it refers to what is bound to happen to the law when we start «handling» it and using it to establish our own righteousness rather than letting the rule and righteousness of God dwell and become embodied in our midsIn neither case does it reflect a disrespectful view of divine law (which both the Old and the New Testament see as grounded in divine grace), but rather it refers to what is bound to happen to the law when we start «handling» it and using it to establish our own righteousness rather than letting the rule and righteousness of God dwell and become embodied in our midsin divine grace), but rather it refers to what is bound to happen to the law when we start «handling» it and using it to establish our own righteousness rather than letting the rule and righteousness of God dwell and become embodied in our midsin our midst.

The situation in Europe, including Britain, is more nuanced than that in North America, largely because Europe's Muslim populations have a longer and more established social and political history in nations where Muslims (of the theological left, right and center) are represented by sophisticated networks of» mosques and political NGOs that defend the rights of Muslims and shape their participation in civic life, including the introduction of Islamic law for civil cases.

«In light of the unforeseeable changes in established first amendment law set forth in recent decisions of the United States Supreme Court,» the court said, «justice demands that we analyze the present case in light of the protections found in the Minnesota Constitution.&raquIn light of the unforeseeable changes in established first amendment law set forth in recent decisions of the United States Supreme Court,» the court said, «justice demands that we analyze the present case in light of the protections found in the Minnesota Constitution.&raquin established first amendment law set forth in recent decisions of the United States Supreme Court,» the court said, «justice demands that we analyze the present case in light of the protections found in the Minnesota Constitution.&raquin recent decisions of the United States Supreme Court,» the court said, «justice demands that we analyze the present case in light of the protections found in the Minnesota Constitution.&raquin light of the protections found in the Minnesota Constitution.&raquin the Minnesota Constitution.»

The threat to this idea of secularism arises form religious fundamentalism which is afraid of insecurity through change in traditional religious dogmas, ritual practices of purity and impurity in social laws; the threat also comes from communalism which seeks political power for one's religious community or in the case of Hindutva wants to establish a Hindu state.

Thus, when the Court in Casey asks that its case law be given the obedience due to the Constitution, and when it insists that, above all, it must remain loyal to its own recently established precedents, it makes a reasonable request within the context of the new constitutional regime.

This means that they are only subject to personal liability for money damages in cases where the meaning of the law with respect to the situation in question is «clearly established» which usually means that it involves a legal issue that has been resolved in a binding case law precedent.

In cases where the law is not «clearly established» a subordinate may generally defer to his superior's interpretation of the law and the constitution without fear of civil liability in money damages to someone harmed as a resulIn cases where the law is not «clearly established» a subordinate may generally defer to his superior's interpretation of the law and the constitution without fear of civil liability in money damages to someone harmed as a resulin money damages to someone harmed as a result.

«If you curtail the power of an elected official via a local law you have to put it to a mandatory referendum and this would be a clear case where the underlying authority to establish fees is vested in the town board,» Sabatino said.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».

His case, which is being supported by Dignity in Dying, hopes to establish that the current law is incompatible with the Human Right Act 1998, specifically with regard to Article 8 on the right to respect for private and family life.

Considering the state's grounds of appeal which stated, among other things, that the trial judge erred in law when he stated that the prosecution woefully failed to establish a prima facie case against Woyome, Mr Justice Ofoe said that position was flawed.

Putland could improve his argument, and thereby this answer could be improved, with reference to cases where the separation of powers was established in Australian law (Arbitration Court's case for example?)

«This settlement shows our enforcement efforts have motivated major developers like Glenwood to embrace their obligations under the law by making retrofits in thousands of apartments, compensating aggrieved parties, and establishing procedures to ensure accessibility at ongoing and future development projects,» Bharara said in a statement, noting this is the 10th case of this kind his office brought against city landlords.

«For the purposes of Your Lordship's record and because of the public interest that this case seems to unnecessarily attract, our proposal was made in accordance with established laws and there is no fixation on Section 270 of the ACJA.

The Tulsa team conclude that, in the US at least, and taking previous medical case law as a template, it should be possible to establish the framework for a legal internet inoculation programme.

The creation of Chapter 16 and the separation of gifted education from Chapters 14 and 342 are not intended to circumvent the statutory protections afforded to gifted students by the School Code, nor is it the Board's intent to create a need to relitigate case law already established in this Commonwealth pertaining to gifted students.

1912: NEA endorses Women's Suffrage 1919: NEA members in New Jersey lead the way to the nation's first state pension; by 1945, every state had a pension plan in effect 1941: NEA successfully lobbied Congress for special funding for public schools near military bases 1945: NEA lobbied for the G.I. Bill of Rights to help returning soldiers continue their education 1958: NEA helps gain passage of the National Defense Education Act 1964: NEA lobbies to pass the Civil Rights Act 1968: NEA leads an effort to establish the Bilingual Education Act 1974: NEA backs a case heard before the U.S. Supreme Court that proposes to make unlawful the firing of pregnant teachers or forced maternity leave 1984: NEA fights for and wins passage of a federal retirement equity law that provides the means to end sex discrimination against women in retirement funds 2000s: NEA has lobbied for changes to the No Child Left Behind Act 2009: NEA delegates to the Representative Assembly pass a resolution that opposes the discriminatory treatment of same - sex couple

The case overturned the 1896 case of Plessy v. Ferguson in which the U.S. Supreme Court, in all its racist glory, claimed that state laws establishing separate public schools for black and white students were acceptable.

As is typical with any new law, after passage of the ESSA, the federal agency responsible for administration and oversight — in this case, the U.S. Department of Education — established regulations to make sure the intent of the law was properly applied.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliancIn the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliancin a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

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

By law they can drop you on in most cases if they can establish that the property has been vacant for more that 30 days.

With stocks markets around the globe, you may face, apart from language barriers, uncertain investor - protection laws, and in some cases a less pronounced commitment to openness, fairness and other qualities we tend to take for granted in established markets.

The ability to file bankruptcy is established by federal law, and all bankruptcy cases are handled in federal court.

Judge Bucki granted that motion, noting that the exemption issue had not previously been litigated in this particular case, so no «law of the case» had been established to preclude the debtors from exempting the asset now.

Since there are basically only two bankruptcies most individuals file, a Chapter 7 or a Chapter 13, you must meet certain standards established by law in order to change your mind about filing in either case.

In both cases the intention of the regulations and laws is to establish reasonable contract grades that appropriately represent the underlying value of the commodity to potential investors, and to ensure that all transactions are conducted in an honest and sincere manneIn both cases the intention of the regulations and laws is to establish reasonable contract grades that appropriately represent the underlying value of the commodity to potential investors, and to ensure that all transactions are conducted in an honest and sincere mannein an honest and sincere manner.

In summary, a strong case can be made that the US emissions reduction commitment for 2025 of 26 % to 28 % clearly fails to pass minimum ethical scrutiny when one considers: (a) the 2007 IPCC report on which the US likely relied upon to establish a 80 % reduction target by 2050 also called for 25 % to 40 % reduction by developed countries by 2020, and (b) although reasonable people may disagree with what «equity» means under the UNFCCC, the US commitments can't be reconciled with any reasonable interpretation of what «equity» requires, (c) the United States has expressly acknowledged that its commitments are based upon what can be achieved under existing US law not on what is required of it as a mater of justice, (d) it is clear that more ambitious US commitments have been blocked by arguments that alleged unacceptable costs to the US economy, arguments which have ignored US responsibilities to those most vulnerable to climate change, and (e) it is virtually certain that the US commitments can not be construed to be a fair allocation of the remaining carbon budget that is available for the entire world to limit warming to 2 °C.

Vis.: [Coby]: «In the case of the theory of Anthropogenic Global Warming, what we do have is a theory (first conceived over 100 years ago) that is based on well established laws of physics...».

In the case of anthropogenic global warming, there is a theory (first conceived over 100 years ago) based on well - established laws of physics.

In the Vale case the Court stated that a Member State may restrict a company governed by its law to retain the status of the company established under the law of that Member State if the company intends to move its seat to another Member State, thereby breaking the connecting factor required under the national law of the Member State of incorporation.

Mary: Much of what I do in addressing legislative proposals is preventative, because the contractors» and subcontractors» industry groups are very active in pushing for legislative remedies to principles established by case law in Washington State.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

This contextualization with reference to Council voting patterns suggests that the Court of Justice in Opinion 2/15 did not intend to significantly change established case law by proposing mandatory mixity for agreements covered partly or entirely by shared competences.

(2) The judicial dicta in the cases deciding the ambit and scope of the status of EU citizenship and rights contained therein has established that the telos of the positive law is to establish a fundamental and autonomous status of equality for all Member State nationals which guarantees a set of political and economic rights implemented via secondary legislation;

In its Judgment of 20 September 2012 in case T ‑ 154 / 10 French Republic vs. European Commission, the General Court of the EU (GC) has established a new test of «bankruptcy - proofness» as an advantage contrary to Article 107 (1) TFEU that may generate a significant shake up in the control of State aid granted (implicitly) to establishments of an industrial and commercial character (EICC, or EPIC in their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service taskIn its Judgment of 20 September 2012 in case T ‑ 154 / 10 French Republic vs. European Commission, the General Court of the EU (GC) has established a new test of «bankruptcy - proofness» as an advantage contrary to Article 107 (1) TFEU that may generate a significant shake up in the control of State aid granted (implicitly) to establishments of an industrial and commercial character (EICC, or EPIC in their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service taskin case T ‑ 154 / 10 French Republic vs. European Commission, the General Court of the EU (GC) has established a new test of «bankruptcy - proofness» as an advantage contrary to Article 107 (1) TFEU that may generate a significant shake up in the control of State aid granted (implicitly) to establishments of an industrial and commercial character (EICC, or EPIC in their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service taskin the control of State aid granted (implicitly) to establishments of an industrial and commercial character (EICC, or EPIC in their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service taskin their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service tasks.

This is because the new version of the EEA Agreement established a new procedure to preserve the homogenous interpretation of the agreement through the EFTA Joint Committee monitoring the evolution of the Court of Justice's case law, and a mechanism analogous to the preliminary reference procedure whereby the Court of Justice would be asked to give a ruling on the interpretation of relevant rules in disputes between the Contracting Parties (Articles 105 - 111 of the EEA Agreement).

82 It should be noted at the outset that -LSB-...] the Commission took the view that, in order to establish whether there was a guarantee for individual claims, it was appropriate, after examining the national legislation and case - law (see first part of the second plea above), to begin by considering whether, in order to determine whether the procedure followed by a creditor of [the EICC] in order to settle its claim in the event of [the EICC] being in financial difficulty was comparable to that followed by the creditor of an undertaking subject to commercial law.

Due to changes in the law, in order to bring a medical malpractice case against a doctor, a preliminary finding of physician negligence must first be established.

Article 56 TFEU requires not only the elimination of all discrimination against providers of services on grounds of nationality or the fact that they are established in a Member State other than that where the services are to be provided, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (Case C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law citCase C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law citcase - law cited).

Not to mention, our law firm operates on a contingency fee basis in auto accident cases, which means that we will not charge you unless a successful verdict or settlement has been established and you are properly compensated.

The University of Mississippi established a law school in 1854, heavily influenced by the University of Virginia's model.203 Although dedicated to the idea that the theory of law and government was a proper subject for teaching, the University did not stint on moot court as a way to apply legal principles to cases.204

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.