Sentences with phrase «judges in the cases under»

Not exact matches

Similar kinds of cases are under way in other parts of the country, including a case on appeal in Chicago after a federal judge issued a nationwide injunction barring the government from blocking grant money typically used to help local police combat violent crime and help victims.

Under Judge Salisbury's reasoning in the Massachusetts AG's case, Massachusetts must only show Equifax misled consumers in order to seek damages on their behalf.

In Lucia v. SEC, the argument centered on the question of whether administrative judges are wielding the power to settle cases decisively and issue orders, even though they are not appointed and confirmed as judges according to the form prescribed under Article III of the Constitution.

A similar impulse of group formation seems to have become operative along each zoological branch, but at very different ages of the earth; so far as we are able to judge, the phenomenon has occurred in each case at a predetermined age of the species under review.

However, joint custody is not presumed to be in the best interests of the child (ren) under statute in Maryland, although the judge will likely consider joint custody in most every case.

Attorneys for the co-founders of the Syracuse - based COR Development are urging the federal judge in their corruption case to allow evidence that defends how their clients viewed economic development projects that have come under scrutiny in the investigation.

Developer Louis Ciminelli last month was ordered by a federal judge to surrender a firearm purchased and registered under his wife's name as he faces trial in a bid rigging and bribery case.

Buffalo developer Louis Ciminelli last month was ordered by a federal judge to surrender a firearm purchased and registered under his wife's name as he faces trial in a bid rigging and bribery case.

The judge in the case, Valerie Caproni, felt compelled to instruct the jury that under state law, the campaign contributions are all legal.

For example, judges can only grant some cases be heard in criminal courts under «extraordinary circumstances» — a term that wasn't defined.

I wrote about this issue for Capital NY a few weeks back, speaking to a number of key players in the Silver v. Pataki cases — including former Judge Robert Smith, who wrote the plurality opinion under which the Capitol is currently operating.

«In the case of Baroness Warsi there hasn't been a judge - led inquiry with witnesses, taking evidence under oath, to get to all of the factual evidence behind her case.

The appellate judges in Silver's case found that, under the Supreme Court's ruling, the instructions given to the jury at Silver's trial were improper and prejudicial.

In his submission, counsel to the 2nd defendant, Chief Tochukwu Onwugbufor, SAN, said it was the duty of the Judge under the law to sign subpoena to order anybody to appear before him to give evidence on a case.

We are confident that judges will take advantage of the AAAS offer to provide a slate of candidates to serve as court - appointed experts in cases in which the court has determined that the traditional means of clarifying issues under the adversarial system are unlikely to yield the information that is necessary for a reasoned and principled resolution of the disputed issues.

Judge Dredd: In case you people have forgotten, this block operates under the same rules as the rest of the city.

«In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three - judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the casIn any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three - judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the casin the event neither the Attorney General nor any defendant files a request for a three - judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the casin any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the casin his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the casin which the case is pending immediately to designate a judge in such district to hear and determine the casin such district to hear and determine the case.

In addition to considering how much Apple will pay, an amount that could be in the neighborhood of half a billion dollars under existing anti-trust precedent which allows for triple that amount in cases involving price fixing, Judge Denise Cote will also consider the concerns that the DOJ has raised that Apple's punishment wasn't strict enough to prevent the tech giant from engaging in similar deals down the roaIn addition to considering how much Apple will pay, an amount that could be in the neighborhood of half a billion dollars under existing anti-trust precedent which allows for triple that amount in cases involving price fixing, Judge Denise Cote will also consider the concerns that the DOJ has raised that Apple's punishment wasn't strict enough to prevent the tech giant from engaging in similar deals down the roain the neighborhood of half a billion dollars under existing anti-trust precedent which allows for triple that amount in cases involving price fixing, Judge Denise Cote will also consider the concerns that the DOJ has raised that Apple's punishment wasn't strict enough to prevent the tech giant from engaging in similar deals down the roain cases involving price fixing, Judge Denise Cote will also consider the concerns that the DOJ has raised that Apple's punishment wasn't strict enough to prevent the tech giant from engaging in similar deals down the roain similar deals down the road.

This perspective was recently given legal validation with the judgment in the case of Re-Digi vs. Capitol Records, where the judge ruled against the idea that digital products qualified for First Sale protection under the law and reinforced the perspective of the Digital Millennium Copyright Act that digital products constitute a completely different category of products from hard copy products.

In most cases (probably 90 percent or more), the bankruptcy judges rule that student loan debtors do not qualify for bankruptcy relief under the «undue hardship» test.

In the Supreme Court ruling on the bank charges test case, the chief judge of the Supreme Court thought it important enough to say this ruling didn't stop people challenging fairness under «Regulation 5» of the Unfair Terms in Consumer Contracts Regulations (which the Supreme Court case did not coverIn the Supreme Court ruling on the bank charges test case, the chief judge of the Supreme Court thought it important enough to say this ruling didn't stop people challenging fairness under «Regulation 5» of the Unfair Terms in Consumer Contracts Regulations (which the Supreme Court case did not coverin Consumer Contracts Regulations (which the Supreme Court case did not cover).

In the Supreme Court decision in 2009, the chief judge thought it important enough to say this ruling didn't stop people challenging fairness under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not coveIn the Supreme Court decision in 2009, the chief judge thought it important enough to say this ruling didn't stop people challenging fairness under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not covein 2009, the chief judge thought it important enough to say this ruling didn't stop people challenging fairness under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not covein Consumer Contracts Regulations (UTCCR), which the Supreme Court case did not cover.

Under the Connecticut law, judges can appoint an animal advocate in a criminal case.

Unprejudiced and positive tests are therefore greatly needed, and these can only be found in show and trials under judges who have the common interest so keenly in view that they will allow neither friendship nor personal bias to control the awards; men who will bear ever in mind that upon their decision will greatly depend the future reputation of the animal in the stud, and who will therefore examine carefully each specimen before them, giving due credit to beauty and blood, but in all cases where possible requiring also performance were they pronounce a favorable verdict».

Perhaps, at 59, I should declare an interest — but I think the Turner Prize has moved in a sensible direction by removing the «under 50» rule, and positioning itself more clearly as a prize for artists whose practice advances significantly in the 12 months of judging, in this case the year to 24 April 2017.

Like [the trial judge], I consider that the question whether the Solicitors were under [a duty to disclose] in the present case depends on whether, properly construed, that duty was excluded by, or was inconsistent with, the terms of the Solicitors» retainer....

As the pencil stab count has now reached three, the judge in the murder case understandably rolled out enhanced security measures for Monson's trial, which got under way Thursday.

Since both the Hague Convention on the service of documents 1965 and the EU Service Regulation are inapplicable in the case of a defendant with unknown address, the German judge resorted to public notice of the document under German procedural law.

Under Article 163 of the Spanish Constitution, ordinary judges may submit a «constitutional question'to the SCC when, in the midst of a case, they are confronted with an applicable and relevant legal provision that they think is inconsistent with the Constitution.

In February 2010, Judge Carton ruled in a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquIn February 2010, Judge Carton ruled in a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin the Old Gum Tree» in their 1980s song, «Down Under.&raquin their 1980s song, «Down Under.»

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

Already, dozens of cases in Ontario alone have been stayed under the Jordan framework, with the public becoming particularly familiar with the name when an Ottawa judge threw out a first - degree murder charge against ex-soldier Adam Picard, who was accused of killing 28 - year - old Fouad Nayel, after it took four years to bring his case to trial.

Max A. Keller also has considerable experience handling appellate cases for criminal convictions, having worked under numerous judges in the Minnesota Court of Appeals.

The time seems therefore ripe for a book like the one under review here, which is a volume of collected articles, edited by Maurice Adams, Henri de Waele, Johan Meeusen, and Gert Straetmans, fittingly entitled Judging Europe's Judges: The Legitimacy of the Case Law of the European Court of Justice (Hart Publishing 2013) examining the legitimacy of the Luxembourg Court in areas as diverse as the internal market, citizenship, or the EU's external relations.

Many in the legal profession criticised government ministers for not rushing to the defence of judges under fire during the Article 50 case debacle last year.

Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence.

In the case of Andrade v. Walgreens - Optioncare, Inc., the judge precluded Walgreens from presenting evidence relating to Plaintiff's (Andrade) immigration status under FRE 403.

If the magistrate (or judge in the case of an application under s 9), requires any further information in order to satisfy himself that the warrant is justified, a note should be made of the additional information so that there is a proper record of the full basis upon which the warrant was granted.

The Judge noted that while he has jurisdiction to strike out a party's pleadings under Rule 14 (23) of the Family Law Rules, this would be inappropriate in the unusual circumstances of this case (since the matter would be going to trial).

In the Redknapp case, although production orders under s 345 of the Proceeds of Crime Act 2002 and special procedure search warrants under PACE 1984, s 9 had previously been granted by a Crown Court judge, it was a warrant under PACE 1984, s 8 that brought about the judicial review.

[124] The chambers judge in this case considered whether the infringement of the Pridgens» freedom of expression was justifiable under section 1.

In different factual settings, this court held that a judge has jurisdiction under s. 1 of the Negligence Act to apportion fault against a person who is not a party to the action, and can exercise this jurisdiction in an appropriate casIn different factual settings, this court held that a judge has jurisdiction under s. 1 of the Negligence Act to apportion fault against a person who is not a party to the action, and can exercise this jurisdiction in an appropriate casin an appropriate case.

Supplemental fees for posttrial and appellate work are allowed under interpretative case law, with the trial judge exercising judgment in reducing for what he deemed to be excessive work when fashioning his $ 15,000 award.

Notably, the Judge expressed the view that a mandatory order requiring that a successful claimant under the PCR 2006 must be awarded a public contract would be an «exceptional» remedy, albeit that he did not rule out that such an order might be appropriate (and necessary) in a suitable case (§ 11).

Special costs to successful applicants in most cases Defendants who succeed in having the claims against them stuck under this law should be entitled to costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.

The trial judge also held that under Pennsylvania's procedural law, the case brought as a wrongful death claim and survival action could be consolidated and in fact were required to be consolidated and remained together in court.

A recent ruling by an Ontario judge has provided more evidence of the push under way in Canada's courts to make the judicial system more affordable and accessible to all, and to expedite cases for plaintiffs.

A judge of the House of Lords wrote, a bit more than a decade ago, that in the case the judges were deciding the were involved in «a practical attempt, under adverse conditions, to preserve the general perception of the law as system of rules which is fair» (White v. Chief Constable of South Yorkshire Police [1998] UKHL 45, [1999] 2 A.C. 455 at 511.)

«The trial judge in that case felt there was a fundamental breach but it went to the court of appeal and the court said no, because even with a litany of complaints the court couldn't find a substantial failure of consideration under the contract because the franchises still had the right to use the mark, the system and the brand,» she says.

But if our clients were under the influence of drugs or alcohol in a setting where that was OK and not a violation of the law, then we will look at the case and be honest with the judge and jury about whether that makes the individual comparatively at fault for what happened to them.