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.
Not exact matches
I looked at the claims
based on the
merit of the evidence provided, and found it
lacking completely.
For now, it embodies many
of the issues that the Arab Human Development Report blamed for the region's intellectual malaise, among them
lack of freedom and dysfunctional, authoritarian governments whose security services have too much say; the triumph
of who - you - know advancement over
merit -
based promotion; and poor communication between researchers within the region.
And Rhee exercised unique powers granted to a D.C. chancellor to impose a teacher evaluation system
based partly on student outcomes and to lay off teachers
based on a
lack of merit rather than a
lack of seniority.
Samsung argues that Apple can no longer show a likelihood
of success on the
merits with respect to this infringement allegation, and the preliminary injunction now
lacks a legal
basis.
But the point is that if we're going to be having this discussion and want to assess the
merits (or
lack thereof)
of the LPP process, it needs to be done on the
basis of hard data, not
based on our subjective feelings about what we think the data will be.
Both the first instance judge and the majority
of the Alberta Court
of Appeal dismissed most
of the applicants» requests, without considering the
merits of the application,
based on abuse
of process and
lack of public interest standing.
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.
Under the SDIP
merit -
based rating system, new drivers are automatically assessed higher premiums due to their
lack of experience.