Sentences with phrase «for lack of standing»

Last June, the trial judge dismissed the case for lack of standing by Jasmine, but the Sixth District reversed, and the California Supreme Court denied Marvell's petition for review and stay.

Re Tomlinson Estate 2016 BCSC 1223 dealt with a nephew contesting his aunt's will when he was neither a named beneficiary under the will or an intestate heir had his claim dismissed for lack of standing.

Tarion successfully brought a motion to have the appeal dismissed for lack of standing and Ms. Blair appealed to the Divisional Court.

2872 (May 2, 2011): Following dismissal for lack of standing, Indiana Right to Life filed a new lawsuit joined by a candidate for judicial office and a sitting judge.

Secured dismissal of action alleging fraud, conversion, unjust enrichment, and accounting in the U.S. District Court of the Central District of California on a Motion to Dismiss for Lack of Standing and Failure to Join Indispensable Party;

Persuaded trial court to dismiss appeal for lack of standing where appellant challenged the Connecticut Siting Council authorization to build and operate a telecommunications facility in northwest Connecticut; successfully defended that decision and numerous other issues raised on appeal at the Connecticut Appellate Court and the Connecticut Supreme Court.

But the Supreme Court later dismissed his suit for lack of standing.

It was dismissed for lack of standing and Pawa's appeal failed.

In June 2009, the court granted defendants» motion to dismiss for lack of subject matter jurisdiction finding that plaintiffs» federal claim for nuisance is barred by the political question doctrine and for lack of standing.

However, some groups of 403 (b) plan plaintiffs have already had some success jumping early procedural hurdles, easily surpassing motions to dismiss for lack of standing.

Two have upheld it and one has dismissed the case for lack of standing.

One of them, involving the state of California, looks to have been a sound legal ruling: the Court dismissed the case for lack of standing of the plaintiffs.

If an action is dismissed with prejudice for lack of standing, the defendant will be considered the prevailing party and attorney's fees can be awarded under 35...

Not exact matches

The north is well aware that even in the crude terms of oil and supplies, it almost certainly lacks the funds to pay for any kind of sustained military campaign, despite having one of the world's largest standing armies.

The acronym, which stands for science, technology, engineering and math, is meant to bring awareness to the lack of women in these technical fields.

What stands out about the app — other than the lack of a keyboard — is that it's able to instantly (and for the most part, accurately) transcribe your voice messages to emojis and text.

It is disturbing not because of Bitcoin Core's lack of enthusiasm for standing against Segwit2x, which is the way it appeared, but rather it was the fact that the people who support Segwit2x went to great lengths to confuse the general public about Segwit2x, what it meant, what it would do and even spent a good deal of time convincing people it was not an option, but a requirement; a simple software upgrade.

To close in «The Stand» Mother Abigail and Nick Andros (who is portrayed as being at lest agnostic) have a discussion (through Ralph reluctantly translating for Nick) about his belief (or lack of) in the Christian god.

And as far as the spineless «R» If taking a stand for commonsense is wrong, it's not Rush Limbaugh comments that will hurt the GOP in the election but their lack of morals.

Lack of legal knowledge and lack of confidence in standing up for oneself in coLack of legal knowledge and lack of confidence in standing up for oneself in colack of confidence in standing up for oneself in court.

I'm astounded at their lack of courage in standing up for respect and common decency.

I will be praying for Kerry Egan, that she is saved, because with such a lack of concern for someones eternal soul I would question her salvation ever being real, but if she is saved, then she will have to stand before a Holy God one day at the judgement seat of Christ and give an account of what she has done for Him, I pray that she may yet grab this opportunity she has to change the course of so many souls, before its too late!

You can't kill millions in the name of atheism though because atheism doesn't stand for anything, it is nothing more than the lack of theism.

They said that the time for discussion of such matters had passed, in accordance with some imaginary statute of limitations, or that Trump lacked the standing to broach such matters.

Lively, with representation by Liberty Counsel (an evangelical legal organization), responded that in both the U.S. and Uganda he exercised constitutionally protected speech rights; that he opposes violence and neither committed nor plotted any; that Uganda did not in fact pass a proposed draconian anti-gay law, and that in any case Uganda's political institutions, instead of himself, are responsible for its political decisions; and that the court lacks jurisdiction and the plaintiffs lack standing.

The Church would rather take a moralistic stand on the women involved in prostitution, blaming them for their lack of a moral code of behavior than challenge the men to examine their depraved sexuality.

The presence of unmitigated pride, ambition, and hypocrisy indicates the lack of genuineness in the character of the basic experience and of those who stand for it.

I am not an agnostic because I don't think it's very honest when faced with the lack of evidence for God to say «Well both sides of the debate are at a stand still!

In these unusually turbulent times for the presidency and Congress, the Supreme Court's latest term stands out for its lack of drama.

Another time, my Songbook will take Morrison and The Doors on their own terms, analyzing their words and music, but as for The Doors, I say that it stands, despite its lack of conventional plot and Stone's perhaps conflicted conception, as one of our best films on popular music, and the most insightful one about rock's founding revolution.

Without language, one would not be able to make individual entities or forms stand apart and present themselves as distinguishable from the whole panorama of perceptual awareness (as is the case for certain tribes which, lacking the language for photography, can not distinguish the images on a photograph).

In our corporate consumerist American culture which celebrates hedonistic materialism and where aggression and a lack of ethics often results in short term economic gain [at the expense of long - term sustainability], taking a public stand for universal human values is likely to result in the end of career advancement or even job loss.

And he should learn to do this not only to defend the Christian position, but to understand and stand with his people as they take their place in the world, even though standing with them will sometimes have to be out of his weakness and lack of answers for the profound questions they are raising.

Argument from ignorance, also known as argumentum ad ignorantiam or «appeal to ignorance» (where «ignorance» stands for: «lack of evidence to the contrary»), is a fallacy in informal logic.

Indeed, if we're not clear and articulate about what we stand for, we'll be pushed out of the way because we'll lack the substance to stand our ground.

Ogden does make a case for various other individuals and some may still take issue with a few of his selections, but ultimately his point about the lack of stand - out English talent is very true and although it's nothing new, it should still very much be a concern for England moving forward.

There is a lot of less - than - elite football being played outside of the SEC, Pac - 12 and Big 12 right now (those three conferences currently account for 13 of the top 16 teams, according to F / +), and the Big East neither stands out for its quality or lack thereof.

If we aim for this years best like mbappe and lemar only to then turn round and settle for last years best shows us up as being ill prepared also that we lack the ambition that clubs of arsenals global standing ought to have.

... the fact is some gunner fans have forgotten that we almost won the league 2 years ago without sanchez nor cech and with the same olivier giroud as our ONLY strike force, and as we know if not for lack of depth and injuries we would av won the league that year... now we av sanchez and cech plus welbeck, we now av the depth, all we need is a fit team and we will win the league next season... I believe in this team and frankly, its high time we put all the doubts away and stand with the team and manager with or without a new striker signing... COYGs!!!

There's this type of people in a team called «squad player»... Thats what vargas would probably stand for, he would add needed depth and rotation to our squad, lack of that is mostly why our players pick injuires often

Ozil is not good enough for Arsenal but pretends to stand out or sometimes that he his world class but sorry the Mesut that i see week - in week - in is not qualified to be called a gladiator too lazy for my liking and if the rest of the team lacks the winning mentality what is the fate of the club, i think he should go to wherever he likes and i wish him the best in his quest to find a suitor.

Girouds size means he can win lots of duels in the box but lacks the trickery and mobility to do much more hence why even a Walcott would prove a handful for Terry or Kompany but Giroud stands almost no chance as they can read his every move even if he beat them to an incoming ball.

...... the motivation and hunger that separates real winners from mere contenders is what we are and have always missed and that is solely down to the manager... if we are good enough to be in touch with the leaders by Jan / Feb and still stand a very good chance of winning it then it seems to me we are not exactly bad personell and quality wise, what we lacked is the ability to be fired up and be in the right state of mind for games that are of importance to our quest.....

Should this even be a topic?Giroud is a player of average quality always surrounded by good players.I just don't get.It's as if only Arsenal fans rate him.This was a player who was bought to be the leading striker at Arsenal and after his years of failure which many deny he's now become a super sub?How laughable is that.From failure to super sub.If the so called world class striker we're signing goes out with an injury for about five months who comes in then.It seems to me people lack vision.Why is it always Giroud Giroud Giroud?After so many seasons people are still debating what souldn't even be debatable.I've lost count of the number of times he's been talked about here.This is the problem with our club.It's just not ruthless.This is a player who should have been gone long ago but due to him being French he still gets the chances.We won't miss him when he goes and I'd like to see if he'd stand out in a smaller club.

Pressure of Welbeck's arrival and the sudden lack of faith in his ability to stand in for Giroud might make him pick up his game.

Walking out on a cup final early is poor saying the things after is poor we have had the most consistancy of any pl club for 20 years it goes bad we lose and we show no honor in defeat i never mentioned wenger i mentioned the lack of support in a cup final was sad and by walking out it showed we've been spoiled city did nt leave the semi early last year when we beat em they did nt leave early wehen they lost in league one and i cant stand city im arsenal through and through we won a cup last year and the year before were in another cup final and tempemental fans leave early even though it takes alot to get to a cup final maybe you need to lose more to lose respectable its hard it sucks but its a cup final bigger than the management our opinions for a day its about how you show you solidarity as a club win or lose every other club in england would of taken our spot in a heartbeat if they could of and we lea e early that shows spoilage and it was embarrassing to see we need to be stronger as supporters newcastle does nt like ashley yet they still show up and when was the last time they won a cup?

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...

Perhaps Liverpool need a new, more effective tactical approach for these matches, one which focusses on creating overloads out wide, but even then, Liverpool lack aggression from their midfield, the number of through balls is low, as was the number of dribbles, and if packing stats were available for Liverpool, I would imagine only Emre Can may have had a chance of standing out, for Liverpool's passing was far too passive and slow.

Gotze was pilloried for sharing a joke with good friend and Barcelona keeper Marc - Andre ter Stegen after Bayern's 3 - 0 Champions League semi-final defeat at the Camp Nou and attacked by national icon, Frank Beckenbauer, for his alleged lack of desire («Sometimes in his movements, he's like a schoolboy player, who loses a challenge and stands there.

As is stands now, I really, really want to see the fighting spirit of this team, since it was lacking for the past... what, 5 matches or so?