A judge's acts, once reduced to
a formal judgment of the court, are not his or hers to take back.
Not exact matches
Held: The District
Court's reservation of jurisdiction was purely formal; it did not impair the jurisdiction of this Court to review an otherwise final state court judgment; the judgment below was «final,» within the meaning of 28 U.S.C. § 1257, and the case is properly before this C
Court's reservation
of jurisdiction was purely
formal; it did not impair the jurisdiction
of this
Court to review an otherwise final state court judgment; the judgment below was «final,» within the meaning of 28 U.S.C. § 1257, and the case is properly before this C
Court to review an otherwise final state
court judgment; the judgment below was «final,» within the meaning of 28 U.S.C. § 1257, and the case is properly before this C
court judgment; the
judgment below was «final,» within the meaning
of 28 U.S.C. § 1257, and the case is properly before this
CourtCourt.
Reasons for
judgment were released today by the BC Supreme
Court, Vancouver Registry, finding a
formal offer that was bested by 9 % and was delivered a few days prior to trial was capable
of triggering double costs.
«Whether or not there is a
formal declaration
of invalidity there is no doubt this patent is utterly invalid,» says David Aitken,
of Osler Hoskin & Harcourt LLP who acted for Teva Canada Ltd. «Pfizer would be ill advised if it were to attempt to assert this patent in other legal proceedings in the face
of the Supreme
Court's
judgment.»
Recently, the Hawaii Supreme
Court reversed a lower court's judgment in favor of a car accident defendant whose attorneys repeatedly raised the question of a plaintiff's «motive» for filing the claim in the first place, repeatedly insinuating — despite a lack of conviction or even formal accusation — that plaintiff had committed workers» compensation insurance f
Court reversed a lower
court's judgment in favor of a car accident defendant whose attorneys repeatedly raised the question of a plaintiff's «motive» for filing the claim in the first place, repeatedly insinuating — despite a lack of conviction or even formal accusation — that plaintiff had committed workers» compensation insurance f
court's
judgment in favor
of a car accident defendant whose attorneys repeatedly raised the question
of a plaintiff's «motive» for filing the claim in the first place, repeatedly insinuating — despite a lack
of conviction or even
formal accusation — that plaintiff had committed workers» compensation insurance fraud.
If you make an ICBC claim in BC Supreme
Court and win (winning meaning you obtain a
judgment in your favour greater than an ICBC
formal settlement offer) you are generally entitled to «costs» in addition to your award
of damages.
In this case, without the
formal judgment it was not possible for the
court to properly assess the merits
of the putative appeal.
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order
of the Supreme
Court granting broker's motion for summary
judgment affirmed; in the absence
of an agreement to the contrary, the broker's right to a commission is not contingent upon performance
of the underlying real estate contract, receipt by the seller
of the sale price, transfer
of title, or even a
formal execution
of a legally enforceable sales contract; seller could not utilize the provisions
of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions
of the listing agreement as such language was contained in the contract
of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type
of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission