Sentences with phrase «for establishing case law»

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

Not exact matches

«It's not infrequent grounds for a reversal... but there is a well - established case law on improperly selected juries.»

In Canada, the notion of plea bargains or immunity deals in exchange for co-operation are well - established in criminal law in cases facing individuals.

The situation in Europe, including Britain, is more nuanced than that in North America, largely because Europe's Muslim populations have a longer and more established social and political history in nations where Muslims (of the theological left, right and center) are represented by sophisticated networks of» mosques and political NGOs that defend the rights of Muslims and shape their participation in civic life, including the introduction of Islamic law for civil cases.

The threat to this idea of secularism arises form religious fundamentalism which is afraid of insecurity through change in traditional religious dogmas, ritual practices of purity and impurity in social laws; the threat also comes from communalism which seeks political power for one's religious community or in the case of Hindutva wants to establish a Hindu state.

Case law (Phillips v Brown, Divisional Court [20 June 1980, unreported]-RRB- had already established that a local authority might initially ask parents who were educating their children at home for information.

This means that they are only subject to personal liability for money damages in cases where the meaning of the law with respect to the situation in question is «clearly established» which usually means that it involves a legal issue that has been resolved in a binding case law precedent.

Left on the table from last session is a law establishing a permanent special prosecutor for cases involving civilian deaths at the hands of police.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».

His case, which is being supported by Dignity in Dying, hopes to establish that the current law is incompatible with the Human Right Act 1998, specifically with regard to Article 8 on the right to respect for private and family life.

Putland could improve his argument, and thereby this answer could be improved, with reference to cases where the separation of powers was established in Australian law (Arbitration Court's case for example?)

A case involving a member of the Woodstock Town Board has drawn attention to the local ethics law, which seeks to establish standards of conduct for town officers, employees, and consultants, and to procedures followed by the volunteer board that administers and enforces the statute.

«For the purposes of Your Lordship's record and because of the public interest that this case seems to unnecessarily attract, our proposal was made in accordance with established laws and there is no fixation on Section 270 of the ACJA.

The Tulsa team conclude that, in the US at least, and taking previous medical case law as a template, it should be possible to establish the framework for a legal internet inoculation programme.

1912: NEA endorses Women's Suffrage 1919: NEA members in New Jersey lead the way to the nation's first state pension; by 1945, every state had a pension plan in effect 1941: NEA successfully lobbied Congress for special funding for public schools near military bases 1945: NEA lobbied for the G.I. Bill of Rights to help returning soldiers continue their education 1958: NEA helps gain passage of the National Defense Education Act 1964: NEA lobbies to pass the Civil Rights Act 1968: NEA leads an effort to establish the Bilingual Education Act 1974: NEA backs a case heard before the U.S. Supreme Court that proposes to make unlawful the firing of pregnant teachers or forced maternity leave 1984: NEA fights for and wins passage of a federal retirement equity law that provides the means to end sex discrimination against women in retirement funds 2000s: NEA has lobbied for changes to the No Child Left Behind Act 2009: NEA delegates to the Representative Assembly pass a resolution that opposes the discriminatory treatment of same - sex couple

The case overturned the 1896 case of Plessy v. Ferguson in which the U.S. Supreme Court, in all its racist glory, claimed that state laws establishing separate public schools for black and white students were acceptable.

As is typical with any new law, after passage of the ESSA, the federal agency responsible for administration and oversight — in this case, the U.S. Department of Education — established regulations to make sure the intent of the law was properly applied.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

By law they can drop you on in most cases if they can establish that the property has been vacant for more that 30 days.

With stocks markets around the globe, you may face, apart from language barriers, uncertain investor - protection laws, and in some cases a less pronounced commitment to openness, fairness and other qualities we tend to take for granted in established markets.

In summary, a strong case can be made that the US emissions reduction commitment for 2025 of 26 % to 28 % clearly fails to pass minimum ethical scrutiny when one considers: (a) the 2007 IPCC report on which the US likely relied upon to establish a 80 % reduction target by 2050 also called for 25 % to 40 % reduction by developed countries by 2020, and (b) although reasonable people may disagree with what «equity» means under the UNFCCC, the US commitments can't be reconciled with any reasonable interpretation of what «equity» requires, (c) the United States has expressly acknowledged that its commitments are based upon what can be achieved under existing US law not on what is required of it as a mater of justice, (d) it is clear that more ambitious US commitments have been blocked by arguments that alleged unacceptable costs to the US economy, arguments which have ignored US responsibilities to those most vulnerable to climate change, and (e) it is virtually certain that the US commitments can not be construed to be a fair allocation of the remaining carbon budget that is available for the entire world to limit warming to 2 °C.

For years, Bryan Garner has favored the use of caselaw over case law to describe precedent established by judicial decisions.

Mary: Much of what I do in addressing legislative proposals is preventative, because the contractors» and subcontractors» industry groups are very active in pushing for legislative remedies to principles established by case law in Washington State.

This contextualization with reference to Council voting patterns suggests that the Court of Justice in Opinion 2/15 did not intend to significantly change established case law by proposing mandatory mixity for agreements covered partly or entirely by shared competences.

(2) The judicial dicta in the cases deciding the ambit and scope of the status of EU citizenship and rights contained therein has established that the telos of the positive law is to establish a fundamental and autonomous status of equality for all Member State nationals which guarantees a set of political and economic rights implemented via secondary legislation;

82 It should be noted at the outset that -LSB-...] the Commission took the view that, in order to establish whether there was a guarantee for individual claims, it was appropriate, after examining the national legislation and case - law (see first part of the second plea above), to begin by considering whether, in order to determine whether the procedure followed by a creditor of [the EICC] in order to settle its claim in the event of [the EICC] being in financial difficulty was comparable to that followed by the creditor of an undertaking subject to commercial law.

The University of Mississippi established a law school in 1854, heavily influenced by the University of Virginia's model.203 Although dedicated to the idea that the theory of law and government was a proper subject for teaching, the University did not stint on moot court as a way to apply legal principles to cases.204

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

This conclusion effectively nullifies the line of case law that suggested employees covered by the Canada Code, similar to unionized employees, could only be dismissed if the employer established just cause for doing so.

Corporate Vision magazine conducts annual research to identify law firms that have demonstrated innovation, creativity, and lead the legal industry in processes, systems and procedures that have led the law firm into expansion, achievements in its practice areas, has a progressive training program for new employees, or has established great outcomes in its cases.

Acted for Catnic Components in House of Lords case establishing the test for evaluation of patent infringement (the Diplock purposive construction test) still applicable under the new law / EPC Article 69 and Protocol; EPC 2000

For the purpose of assessing legal advice privilege, UK case law has established that the «client» will not encompass all of a company's employees, or even the whole department or division seeking the legal advice, but instead a core «client team».

The Uber case established that the company's drivers are workers for employment law purposes and not self - employed.

Be this as it may, the case - law continues to classify business practices in categories depending on their form, and this in turn determines the corresponding legal tests for establishing whether the practices in question are abusive or legitimate.

The interesting part is here that the Court established a set of criteria which — at least in my reading — seem to be destined to become benchmarks for future cases to establish in a given situation whether Member States are «implementing» the law of the EU and would thus be bound be EU fundamental rights.

Moreover, it would be an interesting addition to the analysis of the Deckmyn case to draw a comparison with the ECtHR case law which dealt with similar issues of balancing the copyrights and the right of freedom of speech (for example the recent case Ashby Donald and others v. France) and to established ECtHR case law on protection of political speech (which under the established case law of ECtHR is given the highest level of protection).

The Court considers that under Article 5 (3) the «place where the harmful event occurred» is intended to cover both the place where the damage occurred and the place of the event giving rise to it, so that the defendant may be sued, at the option of the applicant, in the courts for either of those places (established case law since Case 21/76 Mines de Potasse d'Alsacase law since Case 21/76 Mines de Potasse d'AlsaCase 21/76 Mines de Potasse d'Alsace).

Previous case - law of the Tribunal Constitucional had established that the availability of such review was a condition for surrender in case of serious offences.

While the criminal justice system will work and fight for justice on your behalf in most cases, there remain some wrinkles in established practices and law that may obstruct efforts to seek justice in cases involving sexual abuse crimes.

Some financial advisers and even lawyers may not be aware of these cases because sometimes it takes time for the principles established by case law to work its way into day - to - day practice.

A statute of limitations is simply a law (or «statute») that establishes a timeline for lawsuits to be brought to court, and cases that aren't filed before the deadline will be dismissed without being heard!

Case law has clearly established that it is permissible for a police officer who has a legitimate basis for entering a driveway - such as seeing a driver driving erratically, and following the driver back to a destination to ensure they have arrived safely before detaining them - to do so.

Ron Mercaldo established the Mercaldo Law Firm in 1978 for the purpose of representing plaintiffs in serious injury and wrongful death cases.

According to EPO case law, in order to validly establish priority for subject matter in a first filing, the subject matter must be sufficiently disclosed, this usually means with enough data for the claimed invention to be plausible.

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

From his base in New Brunswick, Eric proceeded to remedy this situation by establishing the National Reporter System with law reports in every province of Canada, including for a time the short - lived Quebec Appeal Cases.

The not for profit publisher was established in 1865 and they have 29 law reporters that cover cases decided by the following courts and tribunals: the Supreme Court of the United Kingdom; the Judicial Committee of the Privy Council; the Court of Justice of the European Union; the Court of Appeal (Civil and Criminal Divisions); the High Court; the Court of Protection; the Employment Appeal Tribunal; the Upper Tribunal; the Court Martial Appeal Court; and the English ecclesiastical courts.

Our firm was established by lawyers with extensive experience handling paternity cases and other family law matters for people in Long Beach, Huntington Beach and the throughout Southern California.