Sentences with phrase «fails as a matter of law»

RMFU argued that the LCFS fails as a matter of law because it: (1) impermissibly discriminates against out - of - state corn ethanol; (2) impermissibly regulates commerce and the channels of interstate commerce; (3) excessively burdens interstate commerce without producing local benefits; and (4) is preempted by the Energy Independence and Security Act of 2007 («EISA»).

Although the technologist's conduct was patently reprehensible, the Court of Appeals agreed that the plaintiffs» claims should nevertheless fail as a matter of law.

Not exact matches

Following failed mediation with the Department for Education in November, the threat was resumed, and in December, the Treasury Solicitors declared that as the diocesan guidance is not silent on the matter, there is an arguable error of law, and so the entire decision must be quashed and re-done.

Dr Bachmann originally became involved in this area of research through his role as Rule of Law Subject Matter expert for the North Atlantic Treaty Organisation's (NATO) study on hybrid threats facing Europe — diverse issues such as terrorism, organized crime, failed states and how a mass influx of migrants might lead to political instability in certain countries.

If you fail to timely file the claim, it is malpractice as a matter of law.

[34] Thus, where an applicant fails to respond to a requisition and the application is not reinstated within the year provided to rectify the situation, the patent application is abandoned as a matter of law.

This sort of law is not wholly different from past sumptuary laws, which were ostensibly aimed at «restraining luxury or extravagance... in the matter of apparel, food, furniture, etc.,» as Black's puts it, when in fact they were about maintaining social class distinctions and hierarchies — and mostly they failed.

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

I instruct you, as a matter of law, that Samsung failed to preserve evidence after its duty to preserve arose.

The nature of the task when construing a contractual waiver in accordance with the governing law of the contract, when combined with the KRG's acceptance of the doctrine as being a procedural matter, means that its argument that the Court has no jurisdiction to determine the issue of waiver under the Constitution of the UAE is bound to fail.

As a matter of fact, some past actions include a few law enforcement agencies trying to identify the parties involved in a transaction but have failed humorously in the task.

Queens Structure Corp. v. Jay Lawrence Asso., Inc. (304 A.D. 2d 736)-- brokers representing the seller for a commission of $ 367,000 with respect to the sale of seller's property also entered into an agreement with the prospective purchaser whereby the purchaser agreed to pay the brokers a «consulting fee» of $ 257,000; brokers working for seller had an affirmative duty not to act for the purchaser or its assignee unless the seller had full knowledge of the facts; brokers failed to establish their entitlement to judgment as a matter of law to the $ 257,000 consulting fee to be paid by purchaser; brokers» motion for summary judgment denied.

287 DOS 98 Matter of DOS v. Uqdah Realty & Management Corp. — deposits; jurisdiction; fraudulent practices; failure to pay judgment; vicarious liability; notary public; disclosure of agency relationship; broker violated 19 NYCRR 175.1 when he deposited escrow funds into his operating account; broker committed conversion when his operating account fell below deposit amount; broker engaged in fraudulent practices when he illegally retained buyer's trust funds and attempted to qualify prospective buyer for mortgage by falsely stating their employment; broker failed to disclose his agency relationship to his client; failure to pay judgment; corporate real estate broker vicariously liable and charged with actual knowledge of violation of law because of representative broker's cognizant misconduct as corporate officer; broker is not required to deposit a refundable commission in an escrow account unless contractually demanded; corporate broker and representative broker's license revoked; restitution of deposit of $ 12,000 plus interest; notary public commission revoked based on misconduct as a real estate licensee

City One Real Estate, LLC v. 535 Carlton Avenue Realty Corp. (300 A.D. 2d 337)-- broker established its entitlement to judgment as a matter of law on two separate contracts by submitting a copy of the leases between landlord and its tenant wherein landlord promised to pay broker $ 50,000 for its brokerage services; landlord and tenant failed to come forward with evidence sufficient to raise a triable issue of fact as to their claim that they collectively owed the broker only one $ 50,000 commission for services in connection with leasing the two premises.

Willig & Assoc. Inc. v. Benequista (227 A.D. 2d 833)- broker entered into listing agreement with principal unaware that principal was mere tenant with leasehold option to purchase; sale by true owner within term of listing; summary judgment for principal denied as principal fails to meet burden to establish entitlement to judgment as a matter of law.

R.R. Ragette, Inc. v. D'Incecco (17 A.D. 3d 436) broker established its entitlement to judgment as a matter of law by demonstrating that it earned its commission by procuring a buyer who was ready, willing and able to purchase seller's property in accordance will the seller's terms; seller failed to raise a triable issue of fact; judgment for broker affirmed.

Town & Country Southampton, Inc. v. Grey (299 A.D. 2d 541)-- to recover a commission, a broker must establish that he or she is duly licensed, that he or she has a contract, express or implied, with the party charged with paying the commission, and that he or she was the procuring cause of the sale or lease; broker's unsupported and conclusory allegation of bad faith failed to raise triable issues of fact where defendant's made prima facieshowing of entitlement to judgment as a matter of law on the ground that neither the broker or its agent was a procuring cause of the lease.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

189 DOS 99 Matter of DOS v. Naftal - listing agreements; deposits; unauthorized practice of law; vicarious liability; amendment of pleading to conform to the proof; improperly altering listing agreement without the consent or knowledge of principal to show the potential commission split with buyer's broker to meet MLS requirements; preparing and submitting fraudulent MLS change notifications purporting to extend and alter listings; deposit of escrow funds into operating account; preparation of lease constitutes the unauthorized practice of law; pleadings may be amended to conform to the proof and encompass a charge not stated in the complaint where the issue has been fully litigated by the parties and is closely enough related to the stated charges that there is no surprise or prejudice to the respondent; continuing to offer properties for sale after preparation of forged listing extensions violates 19 NYCRR 175.10; DOS fails to establish violation of 19 NYCRR 175.12 for failure to provide copy of listing extension where extension was not authorized by principal; DOS fails to demonstrate demand for unearned commission where broker may have believed they were entitled to a commission; broker's licenses suspended for one year and thereafter until such time as restitution in the amounts of $ 5,000.00 and $ 2,055.40 is made