Sentences with phrase «factual underpinnings of»

The factual underpinnings of her analysis are not known.

However, the master's findings on these issues disposed of the factual underpinnings of the appellant's claim for set - off and counterclaim.

She did not dispute the factual underpinnings of

[12] On appeal before this Court, Beaver took no issue with certain factual underpinnings of the injunction, namely that apart from the agent issue, he had been practicing law in contravention of both his undertakings and the Act.

Today, procedural skirmishes litter the playing field, as Crown counsels have taken a more adversarial approach to tax litigation and have been challenging not only the legal bases for taxpayers» positions, but also the factual underpinnings of every case.

She did not dispute the factual underpinnings of the Crown's case.

Not exact matches

In speaking up this way, Senator Grassley offers powerful support and factual underpinning scrutinizing the web of subsidies that fossil fuels have enjoyed for more than a century.

«Both cases serve as a reminder that a company contemplating trade secret litigation should carefully evaluate the factual and legal underpinnings of its claims,» she said.

In future cases, the Federal Circuit will need to define more clearly how much of this information is part of the «factual underpinnings» of the claim construction process.

If the district court decision relies on factual underpinnings, however, such as evidence concerning the «background science or the meaning of a term in the relevant art during the relevant time period -LSB-,]» it should make specific factual findings and those findings are subject to review for clear error:

Requiring a corporate to provide us with the factual narrative that underpins any self - report does not, of itself, equate to a demand that privilege be waived.

The convicted party must establish: 1) the factual basis underpinning the claim; 2) that the act or omission of trial counsel constituted professional incompetence; and 3) that a miscarriage of justice resulted from that incompetence.5

However, at trial, the appellant provided an «insufficient factual underpinning» to ground compensation for loss of earning capacity; the Court of Appeal found this part of the claim failed because the judge found the appellant did not meet the burden described in the Perren decision — the trial judge simply did not accept the appellant's evidence of his limitations and anecdotal evidence from other witnesses did not shore up his testimony.

In light of Teva, a claim construction order based solely on intrinsic evidence will be more easily reversed than a decision with specific factual underpinnings.

It is the position of the Applicant that the opinion of Dr. Awad lacked a factual underpinning and lacked weight because he had not conducted a family assessment.