Sentences with phrase «facts than the court»

Not exact matches

In its court filing on Monday, Waymo said it recently learned that a former Uber security analyst sent a letter to an Uber in - house lawyer more than six months ago, which contained important facts about the case.
In fact, Dovden's 35 lawsuits account for more than a third of patent litigation filed in Federal Court in the past year.
A U.S. patent court in 2007 invalidated the company's patent 5126156, basing the ruling on the fact that Dippin» Dots had sold its product for more than a year prior to filing its patent application.
I came closer than many by calling attention to the fact that the Court couldn't recommend effectively than the mandate be....
In 1914 the Tennessee Supreme Court reversed, however, resting its judgment heavily on the fact that the church had never validated its patronage by any significant financial subsidy (university lawyers pointed out that the church had expended more on the lawsuit than it had contributed to the university before the controversy had arisen) and that during the first three decades of Vanderbilt's existence they had never asserted their supervisory powers.
We are not really more prosperous because we are served by more police, more courts, and more prisons unless the consequence is that we are in fact more secure than we were when these expenditures were smaller.
Thus, the Court claims, there is precedent for the view that the procreative potential once thought essential to marriage is in fact no more central to the institution than the race, precedents embodied in the Court's previous affirmation of liberty rights to contraception and sodomy in Griswold and Lawrence.
In fact, she soon rebounded from her depression and reengaged in life for more than a year, even going to court to have her alimony restored, which raised her mood for months.
as a matter of fact it would be aimless and silly to one moment be putting ourselves out publicly to court talents like mbappe, lemar, asensio, only to backslide in favour of yesterdays man — for us to present our ambition this way is hardly progress and its less than fans deserve.
In fact, this ruling came from the European Court of Justice (ECJ) which brought an end to females paying less for their motor insurance than men on the grounds that it was overtly sexist towards the male of the species.
before i get trolled... i'm not saying oubre is better than otto, but given our current front court setup and the fact that otto plays like a tweener, i prefer to have oubre play the 3 than i am with otto playing the 4.
In fact, the court has the evidence (submitted by her side, ironically) showing me saying that I, quote, «wish I could take credit, but this was more than me.»
The fact of the video of her stop and her subsequent public apology afterwards both went viral, probably helping her more in town court than in the court of public opinion.
In fact, it even recommends that «any member state should withdraw from the Council of Europe rather than defy the Court by not executing judgements».
It is, therefore wrong for anyone to claim that some of the incidents are motivated by religion, ethnicity, tribalism and elitism when we are living witnesses to the fact that Sheik Ibrahim El - Zakzaky of Islamic Movement of Nigeria and Sambo Dasuki, the former National Security Adviser are both Muslims and Northerners, who have been in detention for more than two years against all conventional laws and court orders.
«These doubts appear to have no basis whatever other than the fact that the courts have, on a number of occasions in the last year, held that regulations made by the lord chancellor were outside the scope of his statutory powers.
Milstein said that the fact much of this money has flowed out of court cases over mortgage issues means it should go toward housing, rather than unrelated programs.
«The extent to which the court should err towards inclusiveness in an action inevitably depends on the facts but in this case the court finds that Mr Corbyn is a member of the Labour Party who is particularly affected and particularly interested in the proper construction of the rules, and his interest in that regard is of a significantly different quality than that of other members,» she added.
He explained that Skye Bank, rather than comply with the court's order unfreezing the accounts, was banking on the fact that the EFCC had gone on appeal to challenge the unfreezing of the account and had also filed a stay of execution.
Tennis star Djokovic has won more than his share of major tournaments (12 Grand Slams, in fact), so he clearly knows how to prepare for the court.
(a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
But then it could be argued that the hoops action is almost incidental in this fact - based story, for the title character, Richmond High School (though actually filmed at my alma mater, Long Beach Polytechnic High School, which somehow became the go - to ghetto high school filming location after I graduated) basketball coach Ken Carter (Samuel L. Jackson), is less concerned with how his young charges fare on the court than they do in the classroom and, ultimately, in the game of adult life.
However, my own experience suggests that it is more politics as usual, rather than the particular terms or even fact of a court judgment, that leads to the outcomes found by the authors.
According to Oliver Wendell Holmes Jr., the law is nothing more than «the prophecies of what the courts will do in fact
This is a fact that the U.S. Supreme Court made clear more than a century ago in Hunter v. Pittsburgh and has since been affirmed by the federal government through No Child, which holds states accountable for the quality of education provided with the use of federal dollars.
Moreover, Cantor points out that the Hedge Clippers» «crusade against opaque financial dealings also seems at odds with the fact that in the last election only two organizations contributed more than the AFT to 527s — less - regulated groups that, since the U.S. Supreme Court's Citizens United decision, can raise unlimited money for or against candidates....»
While the State of Connecticut spends hundreds of millions of dollars every year to reduce racial isolation in our urban school districts, as required by Connecticut's Constitution and Courts, Governor Dannel Malloy is pumping more than $ 100 million a year into Connecticut Charter Schools despite the fact that they have become a primary vehicle for the segregation of our public school system.
Again, while no expert on either side could produce for the Court any hard numbers regarding how many «grossly ineffective» teachers were in fact being protected but such archaic rules and procedures, I would estimate (as based on my years of experience as a teacher) that this number is much lower than many believe it (and perhaps perpetuate it) to be.
The courts have held that this was illegal, while publishing houses believe that some ebooks, in fact, should command prices equal — or higher — than their printed counterparts.
Not that Apple's clout is diminishing — the company just reported record sales of the iPad that is not only far better than all other tablets put together but also safely eclipses the total worldwide PC sales of some of the biggest names in the computing industry — but its that the courts may finally be waking up to the fact that the Samsung Galaxy Tab 10.1 is as much iPad looking than most other tablets currently available in the market.
Rather than rehash all of the initial documents in this case fought by the consumer herself, let's just look at what the bankruptcy court judge had to say after reviewing the facts.
The fact that the welfare of the pet was being considered in deciding custody clearly means that the court was treating Joey more like a child than property.
In 2004, in Tellings v. City of Toledo, based on this fact, the court found that there is no statistical evidence that indicates that pit bulls bite more frequently than some other breeds of dogs.
Greenpeace tells a court that everyone knows its campaigns are based on opinions & interpretations rather than hard facts.
In these circumstances the Court decided to refer the following questions for a preliminary ruling to the CJEU: 1) whether for the purposes of Art. 2 (2)(c), Member States can require the direct descendant who is older than 21 years to have tried, without success, to obtain employment in the country of origin in order to be regarded as «dependant» and fall within the scope of the provision; and 2) whether in interpreting the term «dependant» any significance should be attached to the fact that the family member is, due to the personal circumstances such as age, education and health, deemed to obtain employment in the host Member State, which would mean that the conditions of dependence will no longer be met.
The court examined the facts and found that there was an expectation that the original design could be used for purposes other than presentation to the possible donors.
The court suppressed the gun and the vest, holding that there was no probable cause to arrest the driver, Ayala, based either on the fact that he was allegedly texting while driving, or on the arresting officer's «mistake» in concluding that he had only a learner's permit, rather than a full - blown driver's license.
However, the Court in Reyes seems to go further than that and suggest that «the fact that... a Union citizen regularly, for a significant period, pays a sum of money to that descendant, necessary in order for him to support himself in the State of origin, is such as to show that the descendant is in a real situation of dependence vis - à - vis that citizen».
Turning to Mr Spasic's situation, the Court, then, apparently considered the possibility of starting a second prosecution for the same facts as more effective in serving the security goal of the AFSJ than the resort to the EAW or to the cross-border enforcement of penalties by means of mutual recognition.
Rubinstein makes clear that, in light of the fact that PACER documents are more often than not uploaded by attorneys, rather than the courts themselves, any issue of recouping costs to avoid assessing them to the taxpayers is dubious.
I'm not sure there's too much to say about the academic work below, other than the fact that if you were a Ph.D. candidate at the University of Michigan, you, too, could be making videos about the «Development of Structure in the Citation Network of the United States Supreme Court» from 1800 - 1830.
According to the Court it «did no more than acknowledge the fact that, as stated by the Council in the course of the proceedings relating to that Opinion, there was no possibility of the required majority being obtained within the Council for the Union to be able to exercise alone the external competence that it shares with the Member States in this area.»
Appellate experts such as SCOTUSBlog's Tom Goldstein pegged the odds of the Supreme Court hearing the appeal at «zero» because the dispute is primarily about facts rather than broad legal issues.
In fact, mediation will often provide a better opportunity for achieving these aims than court proceedings — where negotiations are often conducted at a step removed.
It makes unnecessary the two step analysis of the applicability of provincial laws suggested by s. 88 of the Indian Act, RSC 1985, c I - 5 (at least so far as provincial laws are claimed to apply to «Indians» rather than «lands reserved») and the Court's decision in Dick, [1985] 2 SCR 309 — in fact we don't need s. 88 any longer since there are no longer any inapplicable provincial laws that need to be made applicable by operation of a federal statute.
In fact, while the security risks associated with each of the four methods currently being used by Canadian courts vary greatly (from the use of email addresses, which is the least protective of informational security, to the use of user names and passwords with previous verification, which offers much greater security), none of these methods offers more security than digital signatures.
In developing the method, the team found that judgements by the ECtHR are highly correlated to non-legal facts rather than directly legal arguments, suggesting that judges of the Court are, in the jargon of legal theory, «realists» rather than «formalists».
Furthermore, as with all disputed matters, the court can do no more than decide the issues on the relevant facts of each case: the «primary search must always be for what the parties actually intended, to be deduced objectively from their words and their actions» (para 46).
Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.
Though headlines blared Judge lets buyer ditch deal on condo and B.C. court rules pre-sale condo contract invalid, the fact of the matter is that Bastion Coast is little more than the application of pre-existing law.
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