Sentences with phrase «issue of fact»

Brain injury cases frequently present serious issues of fact as to the nature, impact and duration of the trauma suffered.

If the plaintiff can demonstrate that a material issue of fact exists, then the motion will not be granted.

Even if there is a genuine issue of fact or law for trial, the court may determine the issue by way of summary trial.

We handle a broad range of personal injury matters, with a focus on cases involving complex issues of fact or law.

The defendant moved for summary judgment, arguing that there were no material issues of fact and that it was entitled to judgment as a matter of law.

Thus, the court found that issues of fact remained regarding reasonable accommodation and denied summary judgment on this matter.

And there's the little issue of the fact that it's their job!

The court rejected the defendant's argument, finding several issues of fact that would need to be resolved in order for the defendant to be successful.

The Court of Appeal noted the grave issues of fact and language communication difficulties involved.

Issues of the injured motorist's role at the business and whether he or she was on the clock are all complicated issues of fact that require careful investigation.

The court hearing the case explained that normally issues of fact should be decided by a jury, but here the evidence creating the issue was unreliable.

- It is even more exceptional to exercise the discretion where fresh issues of fact would have to be investigated.

Our attorneys have particular experience in catastrophic injury cases and those involving complex issues of fact or law.

The courts ruled that the plaintiff failed to raise a material issue of fact to demonstrate the required element of causation in the man's negligence claim.

Where claims give rise to «common or related issues of fact or law» the court has the discretionary power to make a GLO to manage the claims governed by the GLO in a co-ordinated fashion.

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

[56] The court also quoted the view in Perry that a committee «must not and can not decide disputed issues of fact in relation to the substantive allegations,» and «must also be extremely cautious about rejecting or discounting evidence on the basis that it is incredible or implausible.»

The basic idea behind the hypothesis is that in a «toxic science communication climate» — one in which positions on issues of fact become symbols of group identity — everyone has a psychic incentive to fit evidence to their group commitments.

Finding that the plaintiff had failed to create a genuine issue of fact with respect to the City's liability, the court granted summary judgment in the City's favor.

That the tribunal and parties are encouraged to make greater use of the provisions of the NTA and of the Federal Court Rules (such as Order 29 Rule 2) to refer particular issues of fact and law to the court for determination.

The allegation of plaintiff that her attorney was chosen and paid for by defendant does not by itself raise a triable issue of fact sufficient to sustain her claim of duress.

The court ruled that as long as there was a disputed issue of fact concerning the plaintiff's claim, such as whether the road was reasonably safe at the time of the plaintiff's fall, it was inappropriate to dispose of the case without a trial.

Generally speaking, the Montana Supreme Court decides issues of law, not issues of fact.

Unfortunately, and to my mind inexplicably, the state of affairs whereby T was accommodated under CA 1989, s. 20 was maintained from August 2014 until the institution of care proceedings in April 2016, notwithstanding the clear and stark issue of fact created by T's allegations and the father's wholesale denial.

And in every weekly issue of Facts by Email there are «Plots of the Week» and «Deals of the Week» with opportunities for investors in this issue ranging from a 24 - unit rental in Campbell River to a 637 - acre farm in Grenfell.

@phoog Prisoners are produced in the courtroom only if the petition for a writ of habeas corpus is found to be valid on its face and to contain disputed issues of fact regarding whether it should be granted.

• A year ago Nick Clegg made a great issue of the fact that UK voters had demonstrated that they wanted change at the election.

While I am a U.S. attorney, the U.K. and U.S. are essentially the same on these issue in practice: «reasonable wear and tear» is a classic issue of fact to be decided by the judge (unlike the U.S. there are never juries in U.K. landlord - tenant disputes) based upon the evidence presented to him and his or her good judgment if the case goes to court.

In Equifax Information Services, LLC v. Soutter, the district court certified the class and one issue for the Fourth Circuit was whether the alleged inaccuracies in about 300,000 credit reports presented common or individualized issues of fact.

The failure to cross-examine can be of little significance if the contradicted evidence is little significance in the conduct of the case and to the resolution of critical issues of fact.

In South Coast Shipping Co Ltd v Havant Borough Council [2001] EWHC 9017 (Costs), [2002] 3 All ER 779, Mr Justice Pumfrey suggested election is not limited to contentious issues of fact, but will arise when any document that is relevant to «recoverability» is being considered:

The Commission will be given the power to combine complaints dealing with similar issues of facts and law and to request that they be dealt with together at a single hearing.

In layperson's terms, this means that the judge finds there is no real issue of fact or law and rules in favor of the carrier without the case ever going before a jury.

the referral of discrete issues of fact or law arising in the context of NNTT mediation to the Federal Court for determination pursuant to ss.86 D and 136D (1) of the Act (see also Division 3 of Order 78 of the Federal Court Rules),

Thus, the Tenant argued that these were issues of fact which should have been resolved by a jury.

The Third Circuit affirmed the trial court's ruling that her speech wasn't protected, leaving no genuine issue of fact for deliberation by a jury.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.