Sentences with phrase «fact precluded»

Genuine issues of fact precluded summary judgment on a consumer's claims against a seafood producer for allegedly making unlawful, false, and misleading advertising regarding the omega - 3 nutrient content of certain of its products in violation of California's Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), the federal district court in San Jose has ruled (Ogden v. Bumble Bee Food, LLC, January 2, 2014, Koh, L.).

Their position does not in fact preclude a concern for, or efforts to achieve, the common good, but it is a warning against supposing that there is one common way for all groups to relate to the nation and the common good of its people.

Despite assurances from the agencies I remain unconvinced that the «rigorous and comprehensive evaluation» touted by RGGI will in fact preclude the possibility of significant problems.

The court found there were issues of material fact precluding summary judgment for the seller, but found that the agent had no duty to disclose knowledge of the crime simply because he was present at the time of inquiry.

The court found there were issues of material fact precluding summary judgment for the seller, but found that the agent had no duty to disclose knowledge of the crime simply because he was...

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

Not exact matches

The fact that he is being audited doesn't preclude him from making his tax returns public.

General Atlantic's and Dragoneer's involvement would not preclude an entry by SoftBank, however — in fact, the two could be in talks together as part of a joint agreement.

Peter did believe the gentiles shouldn't be precluded if they had in fact had the holy spirit fall upon them.

Some of the prophecies are so framed, in fact, as to preclude their fulfillment by anyone living after the first century A.D.. For example, the patriarch Jacob said, in Genesis 49:10, «The scepter shall not depart from Judah, nor a lawgiver from between his feet, until Shiloh come.»

The enormous toxicity of these drugs to the pregnant woman, however, and the fact that they produced massive congenital deformities in the fetuses who somehow survived the pharmacological assault, virtually precluded their use as abortifacients.

The fact that what we are highlighting is there to be highlighted does not preclude that what they are highlighting is there in the same way.

The claim is routinely made that because there are numerous religions, all with their own take on truth, that that fact in and of itself precludes the possibility that one is true.

This is strikingly apposite to the thought of Jesus» saying, and the fact that it is in the Midrash Rabbah certainly does not preclude the possibility that the tradition goes back to the first century.

For example, the fact that Christian Scientists do not believe in the deity of Jesus precludes their church from membership in the World Council of Churches.

In fact, when l learn what's meant by «abbot» and «episcopal» When I have clearly understood why Mass precludes a disco ball When I distinguish easily dissent from sensus fidei And when I know the diff» rence twixt a rose window and rosary When I can sing the Salve like a dutiful Gregorian When I know all my heresies, Arian and Nestorian In short when I have exercised my understanding to the full A better ultramontanist never bestrode a papal bull

In fact Jesus» own words seem to preclude the possibility: «No one has ever gone into heaven except the one who came from heaven - the Son of Man» (John 3:13).

In fact, the claim that it is not the whole truth can not be empirically refuted, for the inevitably relative perspective of any scientific observer precludes his reception of empirical evidence for a non-relative spatio - temporal perspective.

Moreover, America is a deep site of this ending, for America is the furthest extension of modernity, and whereas the historical limitations of European self - consciousness precludes in fact the realization of its own demand that God actually die, the complete actualization of the death of God occurs for the first time in the American consciousness (page 596).

«In fact,» continued Balugani, «Palatucci, who was also a patriot, was trying, in conjunction with the Allies, to ensure that Fiume remained Italian after the War,» none of which precludes him from also saving Jews.

The claim is, then, that Premise X is metaphysically false, i.e., it asserts that a certain state of affairs is not precluded by substantive metaphysical principles that are true, when, in fact, it is.

In fact, I am more intolerant of those who from some limited 19th century view of science preclude the supernatural than I am of those who say that on the basis of their experience in the Christian community they affirm the miraculous.

The fact that S is precluded by metaphysical principles provides no reason at all for supposing that X's bringing about S is not logically possible.

That may sound arrogant, but I was a small child — I had no reason to be arrogant and I wasn't precluding God's immanence in anyone else, in fact the opposite if they could see it.

We don; t have to preclude something divine when we realize this fact either.

It is a serious mistake to suppose that the fact that his metaphysical principles preclude traditional theism implies that they allow only humanistic conceptions of God.

In this sense it is essentially a Christian doctrine, but this does not preclude the fact that others than Christians may experience its power and contribute toward its forward movement within human affairs.

Not to mention the fact that early morning on cam - ah - rahhhh appearances and / or flights kinda preclude reckless feasting and cocktailing.

«The fact that the decision to release was taken by the Scottish justice secretary does not preclude you, as the prime minister of the United Kingdom, from now expressing your opinion on a subject that is of great public concern, and which affects Britain's international reputation and our relations with our allies,» he wrote.

Note that a similar situation exists for members of Congress when they shift positions and they are in fact legally precluded from holding a second office.

«The fact that they hold these hearings during the day really precludes people who are working from attending,» Lewton said.

How exactly do you reconcile the fact that the gaps diet (and the precluding specific carb diet) recommends against potatoes as a source of carbs; both you and GAPS and SC diet creators are scientists, yet your ideology seems to vary quite a bit - not so much in the animal fat department though.

Horror cinema subversiveness need not preclude actual horror, a fact that's unfortunately lost on The Cabin in the Woods, a brainchild of writer turned director Drew Goddard (Cloverfield, Lost) and co-writer Joss Whedon (Buffy the Vampire Slayer) that sets aside actual scares for what's - going - on suspense and diminishing - returns cleverness.

In fact, charter schools offer some potential integration possibilities precluded for traditional districts and so highly valued by professor Orfield.

It continues to be a disappointment, as in other Fords we've seen, and in fact makes the audio experience substantially worse by monopolizing the in - dash CD slot, as well as precluding the option of satellite radio.

«I'm always thinking about that whole page,» he explained, «but that doesn't preclude the fact that it can work panel by panel as well.»

But, the fact that users are information content providers does not preclude Roommate from also being an information content provider by helping «develop» at least «in part» the information in the profiles.

The fact that you are unable to get job after graduation does not preclude you from paying back your federal student loans.

In view of the fact that credit cards are unsecured, bankruptcy precludes any payment to lenders since it discharges a consumer's debts.

Obviously, lines are omnipresent in art — in fact, it would be hard to preclude artists from being in the show if the engagement of lines were the only criteria.

While museums often (and for their fiscal safety) are compelled to shy away from overt political statements, there is a question around what is a statement and what is historical fact, and when does one preclude the other in artistic institutions?

David, The fact that the Cauchy does not preclude negative values for S is actually irrelevant.

In fact one of the things we can say about the cold war and the politics it produced is that it being such an expensive and encompassing conflict, is that it precluded normal politics.

Unless of course you're simply engaging in another of your trademark straw men arguements... although I would note that such does not preclude the simultaneous operation of a Morton's demon or of an ideology / fact barrier such as I mentioned a few days ago.

My high - school philosophy teacher would call it a «false duality», because it says that climate change is either a moral challenge or an economic one, when in fact, it's both, and meeting the challenge one way doesn't preclude meeting it the other.

On your point b), well, the fact that natural forcings were say +0.4 W / m2 in 1945, and 0W / m2 in 1900, doesn't preclude them being 0 again in 2000.

The fact that every year this decade except 2008 has been among the 10 warmest and that 17 of the top 20 hotest years on record have been in the past 20 years (the others were all in the»80s) precludes random chance at better than 95 % confidence even with red or pink noise!

«-LSB-...] precludes the taking into account of other elements potentially representative of the actual degree of attachment of the applicant for the financial aid with the society or with the labour market of the Member State concerned, such as the fact that one of the parents, who continues to support the student, is a frontier worker who has stable employment in that Member State and has already worked there for a significant period of time.

The court held that it was not precluded from considering the relative strength of each party's case, but only rarely should an attempt be made to resolve difficult issues of fact and law.

Courts in other jurisdictions have precluded claims for informed consent based on the same facts as the negligence claims for failure to diagnose.