Sentences with phrase «first higher court decision»

She has been involved in numerous landmark German and European trademark cases, including obtaining the first higher court decision world - wide on the liability of e-commerce platform providers for trademark infringement.

Not exact matches

Although Thiel implies in his essay that the Gawker story about Hogan's sex tape would not have been published by any right - thinking journalistic outlet, and that the First Amendment doesn't and shouldn't protect such behavior, two higher - court judges ruled before the Hogan decision that the Gawker piece was clearly covered by the Constitution's free - speech protections.

A number of analysts believed that Gawker stood a good chance of having the Hogan judgment either reversed or significantly reduced, especially since two higher - court judges had already ruled in previous decisions that the publication of an excerpt of Hulk Hogan's sex tape was newsworthy, and therefore covered by the protection of the First Amendment.

The Appellate Division, First Department court affirmed a lower court ruling that Ming should have been given notice of the adoption petition, as he was the child's other legal parent per the key 2016 state high court decision in Brooke B. v Elizabeth C.C., another instance of a bio mom trying to cut off a nonbio mom.

In the court's majority opinion, Kagan described the two - part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: «First, the plaintiff must prove that «race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.»

The film focuses on the years before the infamous Brown v. Board of Education decision and Marshall becoming the first African - American member of the nation's highest court.

The high court's decision, expected by next summer, will be its first ruling on school prayer since 1992, when it held 5 - 4 in a case from Rhode Island that...

The Harvard conference, «Non-Racial Standards and Minority Opportunity» is the first to examine effect of recent court decisions restricting affirmative action on higher education.

The lawsuit is the first of what many analysts expect will be numerous legal challenges around the country following a landmark decision in June by a California Superior Court judge who struck down the tenure system there as unconstitutional under state law, saying it unfairly saddled students in high - needs schools with low - performing teachers.

The unanimous decision, which marked the first time the high court had heard a case on the subject, clears the way for Laramie County School District No. 1 to pursue its $ 200,000 negligence and breach - of - contract claim against the architects of a school that began to crumble less than 10 years after it was built.

Church's decisions that the Illinois Supreme Court deemed «arbitrary,» that court has unconstitutionally undertaken the adjudication of quintessentially religious controversies whose resolution the First Amendment commits exclusively to the highest ecclesiastical tribunals of this hierarchical chCourt deemed «arbitrary,» that court has unconstitutionally undertaken the adjudication of quintessentially religious controversies whose resolution the First Amendment commits exclusively to the highest ecclesiastical tribunals of this hierarchical chcourt has unconstitutionally undertaken the adjudication of quintessentially religious controversies whose resolution the First Amendment commits exclusively to the highest ecclesiastical tribunals of this hierarchical church.

[Footnote 1] We granted certiorari to determine whether the actions of the Illinois Supreme Court constituted improper judicial interference with decisions of the highest authorities of a hierarchical church in violation of the First and Fourteenth Amendments.

In a landmark decision in June 2014, the high court ruled that police must first obtain a production order or warrant from a judge.

Decisions of employment tribunals along with the Employment Appeal Tribunal, the First - tier Tribunal and the Upper Tribunal will be registrable in the Register of Judgments, Orders and Fines once filed for enforcement with the High Court or a county cCourt or a county courtcourt.

This high standard of review — higher than reasonableness — was recently confirmed by the B.C. Supreme Court in RM v. the College of Physicians and Surgeons of British Columbia, 2011 BCSC 832, the first decision on a judicial review of an HPRB decision.

The decision, which overturns the British Columbia Court of Appeal, was the high court's first look at the post-divorce division of contingent debts related to the marrCourt of Appeal, was the high court's first look at the post-divorce division of contingent debts related to the marrcourt's first look at the post-divorce division of contingent debts related to the marriage.

Barclays was the first UK bank to make such an application, making the recent High Court decision an important test case.

Thus, to the majority, Grutter takes place within the «unique context of higher education,» and within the tradition of academic freedom found in many First Amendment rulings over the past 50 years — a First Amendment tradition that substantially underwrote the Court's decision in Grutter, and that is not relevant with respect to K - 12 schools.

Giving what appears to be the first ever decision of the High Court on the topic, the judgment reminds local authorities in England of the need for a proper analysis of the educational needs of young people with learning difficulties and the provision available to meet them.

I do not know if any leprechauns appeared in this case, but the Irish High Court found the proverbial pot of gold under the TAR rainbow in Irish Bank Resolution Corp. vs. Quinn — the first decision outside the U.S. to approve the use of Technology Assisted Review for civil discovery.

Coke - Wallis v Institute of Chartered Accountants in England and Wales -[2011] UKSC 1 - The outcome of the Supreme Court's first judgment of 2011 is that the appellant (represented by Joseph Curl of 9 Stone Buildings) has succeeded in reversing the decisions of the Court of Appeal and the High Court.

While it remains to be seen how efficiently the High Courts deal with the glut of cases that will now be transferred from the lower courts, this change is positive and should lead to better decisions in the first insCourts deal with the glut of cases that will now be transferred from the lower courts, this change is positive and should lead to better decisions in the first inscourts, this change is positive and should lead to better decisions in the first instance.

The recent first - instance decisions of the English High Court of The RBS Rights Issue Litigation [73] and the Director of the SFO v. ENRC (ENRC)[74] cast doubt on whether notes of witness interviews prepared by a corporate's external lawyers will be subject to privilege at all.

To the extent that corporates record any interviews they conduct, UK authorities are likely to want access to these first accounts, which may raise issues of legal professional privilege (although two recent first instance decisions of the English High Court have increased the doubt as to whether records of such accounts are currently protected by privilege at all).

The Court of Appeal (CA) has disagreed with the High Court's controversial first instance decision and found that a claim for spread costs was in fact successfully excluded by a consequential loss exclusion clause incorporated into a drilling contract.

The Malaysia Competition Commission appealed the tribunal's decision to the Malaya High Court in one of the tribunal's first decisions.

This is the first time across the EU that a higher court has considered in detail the relevance of ex post regulation in determining SMP ex ante and, in particular, the application of the so - called Modified Greenfield approach (previously only considered in detail in a European Commission Decision (RegTP, DE / 2005/0144)-RRB-.

Sparrow, the first post-patriation Aboriginal rights decision held that «s. 35 (1)[of the Constitution Act, 1982] restrains the legislative power in s. 91 (24) in accordance with the high standard of honourable dealing» that the Court had previously said «is a corollary of s. 35.»

«We hold that the circuit court had the duty and authority, in the first instance, to determine the validity of the ordinance, and, until the decision of the circuit court is reversed for error by orderly review, either by the circuit court or a higher court, the orders of the circuit court based on its decision are to be respected, and disobedience of them is contempt of its lawful authority, to be punished.

If I could claim to have fully considered the sum of your collective contributions concerning stare decisis as emphasizing the need for judges at first instance to be fully informed of the applicable law and to follow it, then I would have expanded my speculative musings to suggest that notoriety of a lower court decision is what gives it the potential to muscle its way into gaining equal consideration alongside authoritative higher court rulings when the issue before the court is novel.

Soon after the CJEU decision, the Irish High Court quashed the Irish DPC's previous decision not to investigate Facebook Ireland regarding the allegations in Mr. Schrems's first complaint.

Europe's highest law court first began looking into bitcoin taxation in June last year after the Swedish tax office challenged a court decision which ruled that transactions in the digital currency should be exempt from VAT, following a dispute with Daniel Hedqvist, a forum operator who at the time wanted to establish a bitcoin brokerage.

This aspect was not subsequently addressed in the High Court's ruling in the Wik case, and the first instance decision on mineral rights has since been judicially doubted because of subsequent High Court rulings about government «ownership» of resources: Justice North in the (minority of) the full Federal Court appeal decision in Ward - v - Western Australia observed of the Federal Court decision in Wik that «the conclusion that the mining legislation in Queensland conferred full beneficial ownership on the crown sufficient to extinguish native title can not be regarded as correct» (2000) 170 ALR 159 at para 843.

Perhaps the most well known is «native title», which was first recognised in the High Court's 1992 Mabo decision.

The first option asks the higher court to review the initial judge's decisions.

The first step in the recognition of Indigenous rights to land in Australian law was taken by the High Court in the Mabo (No 2) decision in 1992.

Despite the significant decisions which have been made in the High Court and in the Federal Court since the NT Act was enacted, the essential nature of the process created by the first rules set out in Mabo (No 2) and the burdens and the costs which they impose have not been greatly mitigated over the years.

On 11 October 2001, the High Court determined that the Yarmirr people of Croker Island have a native title right to fish in their sea country.2 It was the first Australian decision to recognise Indigenous peoples» right to native title over the sea.