We studied district - level changes in school funding following 23 school - finance
judgments issued between 1988 and 2005.
Not exact matches
Any scheme to regulate the employment relationship or the relationship
between smaller and much larger firms in the market would necessarily involve a thicket of complex
issues and practical
judgments.
This means that the creditworthiness of National Union is not an
issue and the only thing standing
between CombiMatrix and the current value of the
judgment is the Circuit Court.
After the 2012 Landtová showdown
between the Czech Constitutional Court and the CJEU, in December 2016 the Danish Supreme Court
issued its decision in the Dansk Industri case openly defying a CJEU
judgment.
In Chester, if one takes the majority and dissent speeches (reasons for
judgment) at face value — the split was 3 - 2 — the plaintiff succeeded on the normative basis that the duty of care in
issue was so important that that justified dispensing completely with any requirement for a causal connection
between the defendant's negligence and the plaintiff's injury.
In the Nyiramasuhuko et al. case, more than two and a half years passed
between the close of evidence and the
issuing of the trial
judgment.
This
judgment has also come along at a time when the European Court of Human Rights» decision is awaited in the four conjoined cases of Ladele, Eweida, Macfarlane and Chaplin, all of which involve
issues of religious freedom and two of which involve the same potential conflict
between the right not to be discriminated against on grounds of sexual orientation and the right to religious freedom (see our posts here, here and here).
Date calculator, to determine the duration
between two dates or to calculate the time for the court to
issue divorce
judgments.
The potential impact of the
judgment, however, goes well beyond the pure sphere of copyright: at stake here was also the
issue of balancing of the fundamental rights, in particular the balance
between copyright and freedom of speech.
Applying the Restatement (Second) of
Judgments § 27, the Court noted that «subject to certain well - known exceptions, the general rule is that when an
issue of fact or law is actually litigated and determined by a valid and final
judgment, and the determination is essential to the
judgment, the determination is conclusive in a subsequent action
between the parties, whether on the same or a different claim.»
At that time, disputes involving numerous contested facts, and particularly cases where credibility
issues existed
between the parties, would rarely be dealt with by means of summary
judgment.
This means that I can determine the primary
issues between the parties without a
judgment of inordinate length.
Neither does the majority
judgment mention the history of violence
between J.A. and K.D.. Although the majority's focus was properly on the law of consent in light of the
issue it had to decide, it missed an important opportunity to situate this
issue within the broader context of domestic violence and marital rape (for a recent study on marital rape, see my report for the Equality Effect here).
Coulson J reviewed the relevant case law and took the view that the prosecution of civil proceedings must, at the very least, involve the taking of certain procedural steps
between the
issue of the claim form and the handing down of
judgment, with the service of the claim form and the particulars of claim being the most important.
However, the court would review the following four
issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default
judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such
judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition
between the foreign country and Taiwan.
If proceedings are ongoing in an English court
between the parties at the time when one of the parties seeks recognition or enforcement of a foreign
judgment on the same
issue (s), the English court is likely to stay the English proceedings until the
judgment creditor's claim for recognition and enforcement has been determined.
2.9 What is your court's approach to recognition and enforcement of a foreign
judgment when there is: (a) a conflicting local
judgment between the parties relating to the same
issue; or (b) local proceedings pending
between the parties?
METHODOLOGY: the study was based on a review of all
judgments on the merits
issued between January 1, 2016 and July 31, 2017, both at first instance and on appeal, in which at least one
issue of patent validity or patent infringement was decided upon.
Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of
judgments between the two courts, has
issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.
Between December 2006 and January 2007, nine courts from across Canada
issued judgments certifying the class actions and approving the terms of settlement as being fair, reasonable, and in the best interests of the Class Members.
The trial court judge
issued a final
judgment in your dissolution of marriage case disposing of all outstanding
issues between you and your former spouse.
With this
judgment the Court gave a definitive answer to a long - awaited controversial
issue as to whether international investment treaties
between EU Member States are compatible with EU law.
Booker suggests that the brightest legal brains in the land have
issued a «woolly
judgment» that blurs a crucial distinction
between blue and brown asbestos with the significantly less harmful white asbestos.
Where
judgment should be
issued within six weeks, it takes on average 165 days
between Brussels II bis states and 215 days where neither state was a Brussels II bis state.»
The court need only be satisfied that there is a real and substantial connection
between the foreign court and the defendant when the foreign court
issued its
judgment.
I'm going to put aside (what is to me the obvious) conflict
between anti-SLAPP legislation and the «not plain and obvious that the action must fail» threshold which, in substance, is all that is needed on the merits
issue for the action to be safe from summary
judgment.
In each of these
judgments, the Court has sought to provide clarity with respect to a number of
issues surrounding the scope of appellate powers, particularly insofar as the distinctions
between questions of fact and questions of law are concerned.
In 1986, the International Court of Justice
issued its
judgment on the merits in a dispute
between Nicaragua and the United States of America.
The motion judge concluded that the certification and summary
judgment motions did not raise a novel
issue of law, noting that «the relationship
between the parties fell within a recognized duty of care.»
Managed wide variety of customer service and administrative tasks to resolve customer
issues quickly and efficiently.Exercises sound
judgment in
issuing credits and making exceptions to customer policies to maintain high levels of customer satisfaction.Served as liaison
between customers, store personnel and various store departments.Informed customers about sales and promotions in a friendly and engaging manner.
A cognitive (thinking) and
judgment error in which an evaluator or decision - maker makes a
judgment based on superficial similarities
between things (such as conditions, problems, situations or
issues) without properly considering ways in which those things differ.
Moore & Moore Real Estate v. Aloi (234 A.D. 2d 683)- non-jury trial
judgment dismissing broker's complaint affirmed; broker not entitled to selling broker's commission pursuant to multiple listing agreement offering commission to broker who is the procuring cause where there was no meeting of the minds
between buyer and seller as to material
issue (closing date); no credible evidence that sellers acted in bad faith; no evidence that purchaser had financial availability to complete the transaction.
City One Real Estate, LLC v. 535 Carlton Avenue Realty Corp. (300 A.D. 2d 337)-- broker established its entitlement to
judgment as a matter of law on two separate contracts by submitting a copy of the leases
between landlord and its tenant wherein landlord promised to pay broker $ 50,000 for its brokerage services; landlord and tenant failed to come forward with evidence sufficient to raise a triable
issue of fact as to their claim that they collectively owed the broker only one $ 50,000 commission for services in connection with leasing the two premises.
Hampton Realty v. Conklin (220 A.D. 2d 385)-
issues of justifiable reliance and reasonable inquiry; motion for a leave to appeal denied (87 N.Y. 2d 805); non-jury trial
judgment in favor of broker for commission reversed; broker not the procuring cause where purchaser and seller discussed availability of property prior to listing and where broker did nothing of any significance to assist in the negotiations
between buyer and seller aside from a single visit to the property; facts of the case do not support oral promise to «protect» the broker's commission; reasonable duration for term of brokerage agreement implied where agreement contained no term as to its duration and, under the circumstances of the case, it would not be reasonable to extend the duration of the agreement for a term of more than one year.