Sentences with phrase «judgments on the merits»

In August, federal judge Michael Ponsor denied his motion for dismissal, while reserving judgment on the merits.

For that, you are probably going to have to wait until either a preliminary injunction or the final judgment on the merits is issued.

With high - stakes, high - tech tests that will measure students» attainment of these standards still being developed (p. 28), some educators are waiting to pass judgment on the merits of the initiative.

While Salby's work looks impressive to me, I will have to reserve judgment on the merits.

So forgive me for deferring judgment on the merits of your contentions and those of many others posting here.

In addition, they are asking for a stay to the retroactive application until a judgment on the merits is made.

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.

Res judicata applies where there is a final judgment on the merits, the same parties are involved in the first and second case, and the same causes of action are involved in the cases.

The judgment on the merits has now been issued, so this is an opportunity to go back to this interesting case.

The European Court of Human Rights has given judgment on the merits of the largest commercial dispute ever litigated.

The Court unanimously held in its judgment on the merits that these are matters most appropriately addressed by the legislative process.

That should be clear from the Court's reasons for judgment on the merits.

KG v. CAE Machinery Ltd. (1995), 62 C.P.R. (3d) 26 (F.C.T.D.) that «I am also of the opinion that, in general, summary judgment is not the proper means to obtain judgment where the issues before the court involve the infringement or the invalidity of a patent», most contested intellectual property decisions in the Federal Court on summary trials and judgment on the merits have related to trademarks or copyright, or arise where the responding party is not participating.

And in those forums, it is not your law school chums passing judgment on your merits, but rather the public at large.

Learned senior counsel placed reliance on paragraph 26 - 011 of Chitty on Contracts 28th Edition and would submit that the order passed by learned single Judge on 9/9/09 in petition under Section 9 can estop the claimant only if there was a final and conclusive judgment on merits by a Court of competent jurisdiction, there was identity of the parties and subject matter in the two sets of proceedings.

In 1986, the International Court of Justice issued its judgment on the merits in a dispute between Nicaragua and the United States of America.

Not exact matches

As so very often, we have picked a virtue (or quasi-virtue) that we like the sound of - in this case open - mindedness - and placed it on an artificial pedestal, abstracted from any context that might help us come to a considered judgment about its merits in individual circumstances.

We have to pass a similar judgment on the whole notion of saintship based on merits.

Not everyone is going to agree on the «best way» to raise kids, but that doesn't mean that differing opinions should merit judgment.

Justice Oluremi Oguntoyinbo, in a judgment on Thursday, threw out Shagaya's application, declaring that it lacked merit.

Justice Oluremi Oguntoyinbo, in a judgment on Thursday, threw out Shagaya's application, declaring that it lacked merit and that the said account was validly secured by the EFCC.

Justice Oluremi Oguntoyinbo, in a judgment on Thursday, threw out Shagaya's application, declaring that it lacked merit and that...

«Seeking to substitute your judgment for the determinations of NSF's merit review process is the antithesis of the successful principles our nation has relied on to make our research investment decisions,» she wrote in an October 2014 letter.

As for peer review, it means only that reasonably qualified scientists examined the manuscript and recommended changes to improve the paper, or recommended that the paper be rejected; the journal editor has to make a determination about the merits of the paper based largely, but not entirely on the reviewers» comments (the editor has some discretion in deciding to accept or reject — his / her reputation as an editor, and the reputation of the journal, depend on sound editorial judgments).

With respect to oversight decisions, there are processes on the books for probation, but the actual decision to refer something to the Board is discretionary, relying heavily on the Director's professional judgment as to whether a particular infraction merits a frank conversation or raising the issue to the level of Board attention.

The truth is that lenders are not in the business of philanthropy; they evaluate each applicant on individual merit and make a judgment based on possible risk.

After all these years, the Ecuadorian plaintiffs deserve to have the recognition and enforcement of the Ecuadorian judgment heard on the merits in an appropriate jurisdiction.

The case was hardly frivolous, with the appellate court frowning on the trial judge's finding of lack of merit based on plaintiff simply approving a form of judgment so saying — this was hardly an admission.

[49] There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.

In the area of class actions, it is significant that a Respondent may now apply for leave to appeal from a judgment of the Superior Court granting a Motion for Authorization (Certification)(article 578), a move which will likely have an impact on strategy in first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or not.

Unlike this action for enforcement of a foreign judgment, Van Breda concerned a court's jurisdiction to adjudicate a tort dispute on its merits where some of the events had taken place outside the territorial jurisdiction of the court.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

The dissenting justice did not set aside the judgment because of the copying, but reviewed the case on its merits, and determined that the actions against Dr. Steele, Dr. Edris, the Hospital and Nurse Bellini should be dismissed.

This post focuses mainly on the human rights issues, but the judgment of McFarlane LJ, described as «magisterial» by Sir James Munby, merits reading in full.

On the third day of the trial, the Court agreed with the merits of the motion, and dismissed the case against Mr. Mavrick's client and entered judgment in favor of Mr. Mavrick's client.

At page 5 of its judgment, the JT stated the «Dubai Courts can make its decision on the merits of the case raised before it regardless of the existence of the injunction order which will disappear after the court delivers its judgment.»

The JSC BTA Bank involved two heavy trials, the first, for the committal of Mukhtar Ablyazov, lasted some 3 weeks; the second, on the substantive merits of 3 sets of proceedings, lasted for 44 days and resulted in a judgment for in excess of US $ 1.5 bn.

Or, if a decision on the merits must be made, to render it in the form of a summary judgment, ruling one party's proposed evidence to be legally insufficient and hence unworthy of being heard, a procedure that spares the trial judge the need to see and hear witnesses, but still enables him or her to expound the controlling law.17

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

Both judgments highlight the inherent problems posed by this approach, however, and make it clear that the court has wide discretion to evaluate the merits of such evidence on a case - by - case basis and to use its powers under Pt 32 to control or exclude it, as it sees fit.

«Summary judgment is a procedural device for promptly resolving a controversy on the merits without a trial if there are no genuine issues of material fact or inferences that can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

the person against whom the judgment was given submitted to the jurisdiction of that court by voluntarily appearing in the proceedings (which will not include submitting arguments on the merits where under local law, a challenge to jurisdiction can only be brought in conjunction with such arguments on the merits); or

The slim majority judgment (5 - 4) written by Justice Andromache Karakatsanis reverses the Court of Appeal on both its standard of review analysis and on the merits of the case by restoring the assessment review board decision.

Under Illinois law, a default judgment is a drastic remedy and Illinois courts have a long and strong policy of deciding cases on the merits instead of on procedural grounds.

A party opposing a summary judgment must «pierce» (go beyond) the pleadings and point to evidence in the record (depositions, discovery responses, etc.) that creates a genuine factual dispute that must be decided after a trial on the merits.

In an earlier ruling on the merits of the case, the Federal Circuit upheld Judge Matsch's decision setting aside the jury's verdict in favor of Medtronic and granting judgment as a matter of law in favor of BrainLAB.

Giving judgment, Lord Justice Jackson agreed the retainer was limited and rejected the argument that additional advice on the merits of the settlement ought to have been given.

At 66 follows an extensive list of arguments leading to a conclusion of submission, with particular emphasis on Notices of Appeal, each of which included a merit - based objection to the judgment appealed from but contained no assertion that the US courts lacked jurisdiction by reason of, or that the claims were barred by, sovereign immunity.

This Court, on an application for a stay, can not deny the existence of the precedent established by the judgment below or pronounce upon the merits of the appeal, except to say that the appeal is not devoid of merit.