Sentences with phrase «generally applicable legal principle»

Well, but we have to decide this case pursuant to a generally applicable legal principle, and that legal principle is one, it seems to me, that demands some sort of a limit.

Not exact matches

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

In finding that Coachman had a duty to defend Mr. Kelley in the underlying action, the Court first reviewed the well - established legal principles applicable to assessing an insurer's duty to defend and the interpretation of insurance policies, generally.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.