Sentences with phrase «factual issues not»

The judge's refusal to dismiss the claims of trademark dilution was based on his finding that the complaint presents «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

His decision found that the complaint presented «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

Not exact matches

One could continue with the factual specifics here, but the overarching theme is pretty clear: The Republicans nominated someone who doesn't know anything about his signature issue.

When Colbert starts tweeting lies about that very politician and then claims they are not meant as factual statements it gives you a better sense of the real issue.

Here, too, the issue seems logical, not factual.

Robinhood, there are so many factual issues with that piece, I wouldn't know where (nor do I have the time tonight) to begin.

Out of the thousands of factual statements in each issue, that is not many.

No matter how many times you try to smokescreen with different issues, you have not once shown any factual evidence where you can say to me «here it is in black and white that Wenger lied».

And secondly no matter how you call the true Arsenal fans who have decided to be less sentimental and face our issues the way they really are, evil, or draft this kind of well scripted article to defend Wenger and his philosophy, it will not change the fact that we have not won the EPL in over a decade and Wenger's approach has not worked and there nothing more factual than that.

But if we're asking for factual information to be given, let's remain factual and not make assertions that there has never been a recall or an issue with any BPI product.

Second, the Times story and the response reminds us that the accountability and responsiveness that journalists ask of public officials is not something that they're always equally willing to give to readers and sources — especially when the issue is a matter of interpretation than factual accuracy.

Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

(f) The application of a PIE is not limited to the specific location or employer at which the conduct that forms the factual basis for issuing the PIE was discovered.

A good copyeditor will point out where you may have a copyright concern or factual error, but he or she won't be able to point out every single potential issue, and giving your manuscript another sweep with these sorts of issues in mind is your responsibility and no one else's.

Re # 200, Tony, I say the public perception is generally (60 - 80 % of the general population) informed and influenced in their opinions of issues by the media rather and hence that story told by that reporter needs to be factual and not just a political one to suit the agenda of people who only wish to hear what they can find to back all their already distored version of the truth of the matter.

That change will not happen until a majority of them study the issues and come to conclusions based on factual information, rather than «noise» from interest groups or from pandering to same.

== > «and the pretended indifference and uninterest is just an excuse not to have to address the issues its complete lack of factual truth raises...»

Obviously, because you * do * care about it, and the pretended indifference and uninterest is just an excuse not to have to address the issues its complete lack of factual truth raises.

Some thoughts — a «scientific» issue paper or piece on this blog would not only call for the discussion / comments to be germaine to the issue (naturally something that should apply to all discussions) but, also, that it be very much more factual and technical regarding the science directly and indirectly related to the subject.

«TURN is concerned that a 14 - day comment period may not offer adequate opportunity to conduct any factual discovery and address any issues,» the group said.

«Doha has been a pure political issue, a political and not a factual event.

The information provided below is intended to provide a factual background to this particular issue, not to express a view on it.

Andy, IMHO, half the reason you get reamed is not your factual stance, but the way you give the impression that you're trying to put people to sleep on these important issues.

Publications that do not undergo peer - review are frequently filled with factual errors, distortions, and opinionated statements that greatly confuse the public on issues where there is no scientific uncertainty.

With today's release of Brief Finder, CARA's analysis finds not only relevant cases, but also briefs that are relevant to the legal and factual issues in a given document.

Maybe it would be open on the evidence for the trier of fact to make that inference, but it wouldn't amount to a hill of beans, even a campfire's worth, unless the inference was of a necessary connection in which case «substantial» is meaningless, if the issue is factual causation which is clearly what's referred to in para. 10 of Clements.

A detail as simple as whether or not it was dark outside at the time of the incident at issue can make a huge factual difference in a case that ultimately will end up in trial.

However, the «reasonableness standard» is to be applied to decisions which involve questions of fact, discretion and policy, as well as questions where the legal issues can not be easily separated from the factual ones.

Whether or not as a consequence of the increasingly important factual components of commercial contracts, by the mid-1990s the English courts clearly felt the need to put to one side the proposition that the issue in hand was simply one of law.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

Also, the lower court failed to issue a written factual recital of the sanctionable conduct, with the reference to the prior appellate decision not having any value given that the reviewing panel did not find the prior motion or appeal frivolous.

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

Orthogonal to coaching, a lawyer might well wish a client to research factual issues, especially anything the client has some experience with, to help identify facts the lawyer might not know to as about, and especially to exclude researching blind alleys from becoming part of the lawyer's more expensive efforts.

He does not contemplate the possibility that the parties may simply have wanted a determination of the factual and legal issues raised by the dispute between them.

Although the Court did not rule on the factual issues in dispute involving «reasonable excuse» and «prejudice» and could not do so in the absence of a full evidentiary record, there was commentary with respect to the concepts of «reasonable excuse» and «prejudice.»

To the extent that Apple's opening presentation references past events in which Steve Jobs was the protagonist, such as major product launches, there may be a factual basis for showing some of the pictures Samsung objects to, though the court might also agree with Samsung that» [t] he use of Mr. Jobs» image in these slides is not relevant to the specific intellectual property rights at issue in this case».

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

While the example above clearly has significant factual issues, either party in a negligence lawsuit can bring a motion for summary judgment if there are no issues of material fact or where it is clear that the other party can not prove one of the elements of negligence.

Two found a statistically significant association between readability and favorable outcomes; the third did not.17 Those studies, however, analyzed brief writing in the appellate courts, where the factual record has been fully developed and the legal issues have been vetted below.

On the issue of the court's interpretation of the restrictive clause and the words «similar to», the court did not undertake a detailed factual and legal analysis of the relevant multitude of factors relating to the franchise system, as done in established franchise law authorities.

«The subject matter of the complaint being serious and complex, I agree that it should not be determined in a summary fashion and in the absence of the factual record necessary to fully appreciate the matters in issue»: at 5.

I've not spilled quite as much real ink (online is different) about the recent SCC decision in Resurfice v. Hanke which has one of those «out of the blue» pronouncements of law that had nothing to do with the disposition of the issues in case: the SCC's declaration that fault and increased risk may sometimes be enough to satisfy tort's causation requirement, even though the injured person can not establish, on the balance of probability, that the fault was a (factual) cause of the injury.

«We find that the procedures were properly followed, and where delays arose, they arose not out of the factual complexity of the issues, but partly due to the unavailability of individuals, and partly because the claimant's insistence in introducing wide policy considerations forced the grievance investigators to seek a range of management views on broader issues.

It seems to me that it is an other way of expressing the remoteness problem, but I struggle to come up with a factual example that you could not brush aside easily as a «standard of care» issue dressed up as causation (the liability of the person who left the paper in the wastebasket, for example)

Keep in mind, the Court also said: «Judicial notice is not available here and can not form the basis for formulating general propositions relating to the factual issue of risk».

That line held that the Snell common sense approach can't be used where expert evidence is adduced on the factual causation issue.

The key issues in this litigation were likely to be factual rather than legal; other things were not therefore equal in this case.

There are BCCA decisions which suggest that where the parties have lead expert evidence on the issue of factual causation — certainly where both sides do, perhaps even where just one side «leads» the evidence, the robust and pragmatic approach can not be used.

Further and in the alternative, assuming that the defendants could in fact properly bring a Summary Judgment motion, Master Haberman also denied the right to cross-examine on the basis that cross-examination would only relate to the issue of costs in the action and that costs did not feature as either a legal or factual issue in the Summary Judgment motion.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.