Sentences with phrase «factual disputes»

An informal hearing means that no facts are in dispute and that a formal hearing and an administrative law judge are not necessary to resolve any factual disputes.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance

[Or, to be more precise, the district court resolves factual disputes in favor of the non-moving party.]

In addition to factual disputes sometimes lawyers disagree about the law.

And, although it ruled in Markman that claim construction poses a question of law for a judge, that did not imply or create an exception to Rule 52 regarding underlying factual disputes.

Now that claims are more likely to proceed on the basis of the vicarious liability of employers, there will be narrower factual disputes to consider which will have a significant bearing on determining whether or not a fair trial can proceed.

Indeed, it is almost impossible to conceive how this Court might continue to function effectively were we to resolve afresh the underlying factual disputes in all cases containing constitutional issues.

Nor can I discern in those First Amendment considerations that led us to restrict the States» powers to regulate defamation of public officials any additional interest that is not served by the actual malice rule of New York Times, supra, but is substantially promoted by utilizing this Court as the ultimate arbiter of factual disputes in those libel cases where no unusual factors, such as allegations of harassment or the existence of a jury verdict resting on erroneous instructions, cf. New York Times, supra, are present.

The Appellate Division found that there were numerous material factual disputes between the parties when examining their allegations and the language in the parties» contract.

A rally resulting in serious injuries can present a number of factual disputes.

Would a district judge have to resolve on the record factual disputes over advisory guideline calculation?

I see no reason to be worried about Ball's sentence — or, more generally, the fact that judges apply ordinary burdens of proof when resolving factual disputes at sentencing.

We have an expertise and regularly appear in cases involving rights and liabilities under the Landlord and Tenant Act 1985, and we are as at home rolling our sleeves up to deal with complex factual disputes in the FTT as we are in higher Courts and Tribunals.

The guardian can conduct a neutral investigation and report back to the court on his or her observations regarding important factual disputes between the parties regarding the child's best interests.

Dahlia Lithwick finds parallels to Guantanamo, «as a noble effort suddenly got mired down in tricky factual disputes, cultural and religious clashes, and the practical necessity of warehousing hundreds of human beings for an indefinite period of time.»

The Methodological Level: disputes over the rules to settle factual disputes a) are in effect «rules of evidence» b) serve as a kind of «science court» in which a «verdict» on factual disputes is resolved by appeal to «evidence» c) this reflects the empiricist's commitment to the «Leibnizean ideal» d) explains how a «staggering proportion» of disputes are in fact resolved e) however, occasional disputes over the methodological rules arise 3.

The reporting committee has previously selected cases that favour the Home Office in a factual dispute and the decision exposes the committee to accusations of bias.»

The accepted, no factual disputed number since1900 based on addition evidence is a decline from 8.2.

There is little factual dispute about the fundamentals.

Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.

The district judge, after deciding the factual dispute, will then interpret the patent claim in light of the facts as he has found them.

LRW problems typically focus on a disputed area of law or at least a factual dispute.

The reality is that this was a factual dispute, not a legal one, and without that factual determination there was no legal relief.

There is a factual dispute: did the husband commit domestic violence?

The purpose of summary judgment motion is to obtain a just, speedy, and inexpensive resolution by avoiding a trial in cases where there is no genuine factual dispute.

Probably the most common manner in which personal injury cases involving little factual dispute are resolved is simply through the parties reaching an agreement on how much the case should be resolved for.

A party opposing a summary judgment must «pierce» (go beyond) the pleadings and point to evidence in the record (depositions, discovery responses, etc.) that creates a genuine factual dispute that must be decided after a trial on the merits.

[2] To be relevant, the proposed testimony must be «sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute.»

There was a factual dispute as to the reason for his dismissal.

This was identical to the approach taken by the majority in Scott on the question of where summary judgment is appropriate, despite an assertion of a factual dispute.

However, like the application judge, in the particular circumstances of this case, especially the lack of any real factual dispute, the court found that any technical error in the procedure followed was insufficient to undermine the result: Rule 2.01 of the Rules of Civil Procedure.

Upon the timely filing of a notice of contest, the department shall, within 5 business days, schedule an informal conference with the obligor to discuss the obligor's factual dispute.

As there was a factual dispute as to how the model home was used, the court declined to further rule for either party on this issue.

New York court reverses lower court decision in favor of broker because of a factual dispute in a case where an individual fell during a showing and then brought a lawsuit for her injuries.

The court stated that this was a factual dispute which would need to be resolved at trial.

Not exact matches

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an «Award»).

I like stats because they are factual pieces of information that can not disputed, but that doesn't mean I don't watch Arsenal on a regular basis, because I do.

Some stats are very important, because they're are factual pieces of information that can not be disputed.

As far as I can tell, you chiefly dispute two factual claims I'm making: 1.

The 36 - page report includes 18 pages in which SUNY officials dispute the findings, question its methodology and cite factual errors.

So certain factual claims get laid aside in the heat, when bioethical disputes move up to culture war level.

Statements of dispute, which allow both creditors and consumers to report the factual history of an account.

The Factual Verification Process starts with the filing of a drafted dispute with each credit bureau using all required language under the FCRA to ensure complete compliance by the credit bureaus and proper verification of information furnished by creditors.

Can I dispute it again and state the factual error or should I leave it alone and wait for it to be removed?

Dispute the debt with the credit reporting agencies based upon a factual error.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

Consumers have a better chance at getting inaccurate items deleted from credit report when disputes are based on factual errors.

The Factual Verification Process starts with the filing of an attorney drafted dispute with each credit bureau using all required language under the FCRA to ensure complete compliance by the credit bureaus and proper verification of information furnished by creditors.

Base your disputes on factual errors.

Dispute factual errors within a collection account listing.