Sentences with phrase «federal court of appeals recognized»

As one federal court of appeals recognized, «actual delivery» requires a transfer of «possession and control» of the commodity and giving «real and immediate possession to the buyer or the buyer's agent.»

The Federal Court of Appeal recognized this power in 1989 in its decision in Kahlon v. MEI [1989] FCJ no. 104, when, citing from Justice Thurlow in an earlier decision, it held that the issue was not whether the decision made by a visa officer that an applicant was in a prohibited class (inadmissible) was correct but whether the person was in fact one of the prohibited class.

Not exact matches

While Jesner suggests that five justices likely would rule that the federal courts should not recognize an ATS cause of action against American corporations for their overseas activities, several federal appeals courts have exhibited little willingness to limit the scope of ATS liability unless directly ordered to do so by the Supreme Court.

Justice John Inyang Okoro, who read the Supreme Court lead judgment, faulted the Court of Appeal in setting aside the judgment of the Federal High Court, Port Harcourt which recognized the Oguebego - led executive as constituting the authentic leadership.

The Court of Appeal also recognizes that the equipment at the Princess Elisabeth Antarctica, which the Polar Foundation purchased and acquired after March 30th 2010, does not de facto belong to the Belgian Federal State.

Our nationally recognized team of Medicare and Medicaid litigators has successfully handled hundreds of appeals before the PRRB and routinely represents significant groups of hospitals in their large dollar appeals in federal court.

The Court of Appeal in Gutowski recognized the importance of municipal councilors exercising their freedom of expression in their role as elected members of municipal government but stopped short of finding that this was sufficient to extend to municipal councilors the same absolute privilege afforded to their federal and provincial counterparts.

Attorneys in the DiMuroGinsberg IP Group have been recognized as leaders in intellectual property law, having represented clients as litigation and appellate counsel in federal district courts and before the International Trade Commission (ITC) and various U.S. Courts of Acourts and before the International Trade Commission (ITC) and various U.S. Courts of ACourts of Appeal.

Indeed, the greatest and most effective form of «patent reform» might simply be to knock these self - impressed patent litigators and Federal Circuit judges off their pedestals, recognize patent law as simply just another area of law in general, and present the issues to a jury without delay, followed by a review, if appropriate, in the appropriate Circuit Court of Appeals.

While Jesner suggests that five justices likely would rule that the federal courts should not recognize an ATS cause of action against American corporations for their overseas activities, several federal appeals courts have exhibited little willingness to limit the scope of ATS liability unless directly ordered to do so by the Supreme Court.

In line with a growing trend reflected in decisions from state supreme courts (those in Georgia, Massachusetts and Oregon), as well as from several federal trial courts, the New York intermediate appeals court recognized that «attorneys who have sought the advice of their law firm's in - house general counsel on their ethical obligations in representing a firm client may [properly] invoke [the] attorney - client privilege to resist the client's demand for the disclosure of communications seeking or giving such advice.»

As this was a case of first impression, the Virginia Court of Appeals looked to case law from other jurisdictions, including Siragusa v. Siragusa, 843 P. 2d 807 (Nev. 1992), from the Nevada Supreme Court, which recognized the tension between the federal supremacy clause and the equitable interests of the state in not allowing one spouse to deprive the other of marital property.