Sentences with phrase «judicial action in each case»

Not exact matches

2001)(«The D.C. Circuit, confronting a case in which an agency had unreasonably delayed an action under a statute that provided no deadline (rather than and [sic] agency that unlawfully withheld an action under a statute that imposed a deadline), explained that «a finding that delay is unreasonable does not, alone, justify judicial intervention»»).

However, on Tuesday, France's highest court for judicial matters, the Court of Cassation, ruled an undercover police officer's actions in the case had been unlawful, and ordered the Paris Court of Appeal to look again at the investigation's validity.

While the court resolved that the case instituted by the former First Lady did not constitute an abuse of judicial process, it resolved that the actions of the EFCC complained of by her did not constitute a violation of her rights and that she was not entitled to any of the six reliefs sought in the suit.

«These proposed new cuts in state educational support underscore the need for judicial action to ensure that state government meets and does not retreat from its state constitutional responsibilities,» said James J. Finley, principal consultant to CCJEF and an expert witness in the case.

For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

Before joining DOT, Mr. Bradbury was a litigation partner at Dechert LLP in Washington, D.C., where his practice focused on regulatory enforcement and investigations, rulemaking and judicial review of agency actions, appellate cases, and antitrust matters.

The creation of a new class - action division in the Montreal judicial district that will be devoted to hearing all authorization demands is expected to both speed up and improve the management of cases by a select group of judges who are experienced and interested in that area of law.

John is widely regarded as one of Canada's leading experts in administrative law, and has co-authored and edited some of the leading administrative law texts, including Judicial Review of Administrative Action in Canada, the 4th edition of de Smith's Judicial Review of Administrative Action and the book that generations of law students have studied, Administrative Law: Text, Cases and Materials.

Similar expressions, giving specific recognition to the fact that judicial action is to be regarded as action of the State for the purposes of the Fourteenth Amendment, are to be found in numerous cases which have been more recently decided.

The casus belli, which has prompted the current debate about the EU's judicial architecture, is the increase in the number of new cases brought before the GC (from 398 in 2000 to 912 in 2014); the stock of cases currently awaiting to be decided (1,423 in 2014 and expected to rise to 1,600 in 2015); and finally, the increasing number of actions for damages brought against the EU due to the excessive length of proceedings before the GC on the basis of Article 47 of the EU Charter, which guarantees a right to have cases heard within a reasonable time.

Justice David Brown delivered a paper on 21 November 2014 at the Carleton County Law Association Annual Meeting in which he sets out a 5 point action plan for moving the judicial system towards achieving its fundamental goal — the fair, timely and cost effective determination of civil cases on their merits.

For exactly this reason, Advocate General Léger rightly advised in his opinion in the Baustahlgewebe case that the jurisdiction of the General Court must be understood «as not extending to actions for compensation relating to judicial acts of that Court itself» (para 70).

The petition sought to amend the recusal rules when a party in an action — or the lawyer or law firm in an action — makes a campaign contribution to or spends money in a judicial campaign for a judge presiding in the case.

[39] I acknowledge that Ms. Prakash's action is set for hearing in February and an order that the matters be heard together will necessitate an adjournment of that trial; however, I am satisfied of a high degree of interconnectedness between the parties and that it is in the interests of justice that the matters be heard together, or as directed following the case planning process or by judicial management, if a judge is appointed to hear the matter.

The case is an application for judicial review, attempting to strike down Ministry of the Environment action that allowed Suncor to increase production (and presumably emissions) from its refinery in Chemical Valley.

Her practice is of an advisory, regulatory litigious nature and has included judicial review, actions for damages before UK courts, the superior courts of Ireland, specialized tribunals, the European Court of Justice and General Court in cases concerning a wide range internal market issues, ranging from public procurement to goods and services, energy, agriculture competition and social and employment law.

In this case, Justice Blair observed that underlying the proposed class action was an «almost entirely foreign - related factual matrix» and he found that Justice Perell's determination that he should exercise judicial restraint and decline jurisdiction was both well - founded and entitled to deference.

Her practice is of an advisory, regulatory litigious nature and has included judicial review, actions for damages before UK courts, the superior courts of Ireland, specialized tribunals, the European Court of Justice and General Court in cases concerning a wide range -LSB-...]

In North Carolina Right to Life Political Action Committee v. Leake, No. 5:11 - cv -472-FL, the federal district court for the Eastern District of North Carolina similarly struck down North Carolina's judicial election matching funds provision, finding that the Supreme Court's decision in Arizona Free Enterprise Club v. Bennett controlled the casIn North Carolina Right to Life Political Action Committee v. Leake, No. 5:11 - cv -472-FL, the federal district court for the Eastern District of North Carolina similarly struck down North Carolina's judicial election matching funds provision, finding that the Supreme Court's decision in Arizona Free Enterprise Club v. Bennett controlled the casin Arizona Free Enterprise Club v. Bennett controlled the case.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before theIn this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before thein a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before thein their application to the case before them.

This racketeering case concerns allegations that judicial campaign donations led the Illinois Supreme Court to overturn improperly a $ 1.05 billion judgment in a 2005 consumer class action suit, Avery v. State Farm.

Nearly two decades later, in the 2008 case of Matsuyama v. Birnbaum, the Massachusetts Supreme Judicial Court followed suit and recognized a medical malpractice cause of action for «loss of chance of survival.

On the other hand, in the context of class actions, judicial approval of third - party funding agreements is required, for cases under both federal and provincial jurisdiction.

where a default judgment is rendered against the losing defendant, except in the case where 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 according to the Taiwanese laws;

Application of Prcoedural Justice Research to Judicial Actions and Techniques in Settlement Sessions (abstract only) Nancy Welsh, Donna Stienstra, and Barbara McAdoo, Penn State Law Research Paper 18 - 2013 This paper presents a questionnaire in which perceptions of procedural justice are assessed in settlement sessions of civil, non-family law cases.

He has represented special servicers appointed under securitized real estate loan transactions in judicial foreclosure actions, in post-default loan modifications / forbearance agreements, and in numerous single and multiple asset Chapter 11 bankruptcy cases.

The supreme judicial and superior courts shall have original and concurrent jurisdiction of all cases and matters of equity cognizable under the general principles of equity jurisprudence and, with reference thereto, shall be courts of general equity jurisdiction, except that the superior court shall have exclusive original jurisdiction of all actions in which injunctive relief is sought in any matter involving or growing out of a labor dispute as defined in section twenty C of chapter one hundred and forty - nine.

Likewise the (non) possibility for individuals to challenge regulations before the CJEU, the right of action (and rule of law) principle can not circumvene the Treaties: the issue is that the CJEU stated that judicial review on CFPS is a matter «within» the sphere of EU Treaties, so that MS (and EU Institutions) can not take action which may impact on them by using «outside» procedures; the rationale is the same used in other cases: if the matter is covered by EU law, absence of a specific rule in EU law does not enable MS (or the Institutions) to act: in the Advice on the Lugano Convention on Jurisdiction, the mere indirect effect of the Convention of the 44/2001 Regulation was considered sufficient to make the matter fall «wholly» within EU competence, thus depriving the MS of the power to act.

«More lawyers join criticism of Keller; Latest complaint against judge in death row case also includes signatures of other judges»: The Houston Chronicle today contains an article that begins, «Joining a swelling tide of criticism, 130 attorneys from Harris County have filed a judicial conduct complaint condemning the actions of Judge Sharon Keller, who presides over the Texas Court of Criminal Appeals.

Most unusually, we were told why the Court granted leave: «The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.»

Rules of Civil Procedure: These rules govern the procedure in courts of record in all actions, suits, or other judicial proceedings of a civil nature whether cognizable as cases at law or in equity, with the qualifications and exceptions stated in Rule 81.

They will review data on the ever - increasing class action lawsuits in the province, surveying those involved to analyze how these cases have affected access to justice, judicial economy and deterrence.

Officers can, in other words, consider the Guidelines in the exercise of their s. 25 (1) discretion, but should turn «[their] mind [s] to the specific circumstances of the case»: Donald J. M. Brown and The Honourable John M. Evans, Judicial Review of Administrative Action in Canada (2014), at p. 12 - 45.

Apple's legal battle against accusations that it intentionally slows down older iPhones to incentivize customers to upgrade to newer models will likely take place in one courtroom near the company's headquarters in California.The U.S. Judicial Panel on Multidistrict Litigation has disclosed that it will consider consolidating dozens of iPhone performance - related complaints filed against Apple during a hearing scheduled for Thursday, March 29 in Atlanta, Georgia, as is routine for similar cases filed across multiple states.Apple currently faces 59 putative class actions across 16 district courts in the United States.

Judicial responses to alienation include: ordering an assessment; ordering supervised access on a permanent basis; intervention in the early stages of the dispute, before the problem has had time to become «true» alienation, or in the early years of a child's development; changing custody on a temporary basis; determining whether «pure» or «mixed» alienation is taking place; keeping the courts involved; suggesting counselling; making a finding of contempt; making a no - contact order; involving the Children's Aid Society; not making a parallel parenting order; meeting with the children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually took place.

The Supreme Court this week heard oral arguments in the Hawkes vs. U.S. Army Corps of Engineers case, which questions whether the Army Corps of Engineers» «jurisdictional determinations» (JDs)- an official decision as to whether or not a wetland is regulated by the Corps of Engineers - are «final agency actions» that are subject to judicial review.

Joining a recent judicial trend, the Eleventh Circuit has overruled its earlier decision in the Culpepper case that had allowed a class - action lawsuit to proceed for payment of a yield - spread premium by a mortgage lender to a mortgage broker.