Sentences with phrase «line of case»

Such an application was governed by a line of case law, most notably A v A (Maintenance Pending Suit: Provision for Legal Fees)[2001] 1 FLR 377, TL v ML [2005] EWHC 2860 (Fam), [2006] 1 FCR 465 and Currey v Currey (No 2)[2006] EWCA Civ 1338, [2006] All ER (D) 218 (Oct).

There is a long line of case law in which these settlement agreements have been upheld by the Alberta Human Rights Tribunal or the courts.

Raymond Hill's article in the Bloomberg BNA Viewpoint series examines the Court of Justice's line of case law on single / multiple supplies following on from the Tellmer decision — and particularly the recent judgment in Wojskowa.

The review of legality line of case law seems to have all but disappeared, to the benefit of the direct effect line of case law.

This doctrine, based on an established line of case law from the US, states that it is necessary to take account of the aim of a provision when determining its legality.

In a paragraph that could be seen as wrapping up its recent line of case law, it claims that it would be «particularly unjustified» if a Union citizen who has worked for one year in the host Member State and who has contributed to its social security and tax system by paying taxes, rates and other charges on his income, was treated in the same way as a first - time job seeker in that Member State «who has never carried on an economic activity in that State and has never contributed to that system» (para. 44).

The Pelckmans judgment, delivered by the Court of Justice (First Chamber) on 8 May 2014, marks a new stage of development in a long line of case law.

This conclusion effectively nullifies the line of case law that suggested employees covered by the Canada Code, similar to unionized employees, could only be dismissed if the employer established just cause for doing so.

If that were the case, the long line of case law stretching from Stec v UK, on the broad discretion given to the administration in drawing the line on welfare would apply:

A line of case law certain to be continued!

But there is a long line of case law that carefully parses under what circumstances, and in what settings, certain activities of charter schools are public or private.

The first line of cases began with In re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practices.

In recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed fraud.

The district court in First Solar ultimately applied the standard from the Daou line of cases and held that plaintiffs did not need to show that the market reacted to the fact that First Solar had committed fraud in order to satisfy the loss causation requirement.

While the Court did not expressly overrule the Metzler line of cases, it limited those cases to their facts.

However, faced with two irreconcilable lines of cases, the district court requested that the Ninth Circuit resolve the conflict on interlocutory appeal.

The result is not chaos; the result, rather, is a steady leakage in our separation cylinder, but leakage in only one direction, so that the state wins more and more and the religionist wins less and less — precisely the trend line of the cases over the past 20 years.

The back is slightly textured, soft - touch plastic, with the same stipple effect you see on the S5; there are also two circles that Samsung's line of cases snap on to.

Citing a long line of cases that include tax refunds as part of the bankruptcy estate, the court found the debtor's argument unpersuasive and ordered that he turn over the funds minus approximately $ 10,000 he had available in unused exemptions.

Moreover, in this line of cases, there already had been a decision that adopts a two - part test for bona fide tax - exempt nonprofit credit counseling agencies, requiring such agencies to: (1) be recognized by the IRS as being exempt from federal income taxation under section 501 (c)(3) of the Internal Revenue Code; and (2) actually operate as a bona fide nonprofit organization.

The Second Circuit overruled this line of cases Wornick v. Gaffney 554 F3d 486, decision 9/24/08, and ruled that the cash value of reciprocal life insurance policies in joint cases are exempt.

(Well, there is another line of cases analyzing whether the speech relates to a public person or subject of public interest — conditions theoretically necessary for the application of the absence of malice standard.

Citing a line of cases giving state agencies preferential treatment compared to «persons,» the court ruled that a state agency is not a «person» subject to FATA investigations.

Although Mr. Clement has successfully argued many cases before this Court, his task here would have been easier if he could have relied on the Court's long line of cases that support my client's case.

And since almost all the parties that will get to take advantage of this line of cases will be big players - insurance companies and government agencies, for the most part - you're essentially giving these parties an advantage over the average litigant.

Whichever parties get to take advantage of this line of cases gets a distinct benefit, in that they are going to get more of their legal fees covered than the average litigant.

The Federal Court of Appeal acknowledged that for a very long time there had been two divergent and conflicting lines of case law regarding the question of whether Part III of the Canada Code permits terminations of employment without cause.

Petitioner's conviction was ultimately affirmed by the Illinois Supreme Court, over the petitioner's contention that a line of cases culminating in Argersinger v. Hamlin, 407 U. S. 25, requires state provision of counsel whenever imprisonment is an authorized penalty.

This decision is the latest in a line of cases which have grappled with the «conflict of equalities», many of which have concerned the potential clash between religious freedom and the prohibition on discrimination on grounds of sexual orientation.

The ECJ's «largely covered» approach in its ERTA line of cases always makes me think of the opposite test it uses in cases that involve «functional succession».

The network creates a visual map of the lines of cases that the two cases have in common.

Justice Baird reviewed a long line of cases involving parental and support obligations of non-biological parents, including step parents - a topic we've discussed in a previous blog, and fathers who found out that the children they believed were biologically theirs were not.

With these criticisms in mind, the latest in a long line of cases, R v Hamilton [2007] EWCA Crim 2026, [2007] All ER (D) 99 (Aug), merits consideration to determine what light it throws, if any, on the elements of the offence of outraging public decency.

There is one line of cases suggesting that para 104 of Tobacco Advertising I clearly establishes that a provision ensuring free circulation of products complying with the Directive is indispensable for minimum harmonising Directives to ever be compatible with Article 114 TFEU.

In the Grzelczyk line of cases, any claim to social assistance by an EU citizen would have to be considered in the light of equal treatment by national authorities, although this claim could have consequences for the right of residence.

Anyway, just like in the Rewe / Comet line of cases, this case also emphasizes the duty of loyal cooperation and effectiveness of EU law for national judges in matters of procedure.

What is evident is that this decision is the latest in a line of cases that seeks to protect a spouse's non-matrimonial assets at the end of a long relationship.

[I] magine a line of cases running from Case A to Case Z.

Also, the present proposal would fall in line with the developing case law of the Court of Justice which would allow in certain cases an objective control of legality of national legal acts in the light of directives in proceedings between private parties, continuing thereby in a line of cases like CIA Security, Mangold or Kücükdeveci (para 77).

Following the earlier line of cases, the Court began by holding that the Citizenship Directive (Directive 2004/38) did not apply, since the Union citizens had not exercised their right of free movement and therefore did not fall under the notion of «beneficiary» of the Directive.

The second line of cases specifically deals with system failure and has more authority.

The reason that the line of cases has gotten so long, and keeps getting longer, is because Governments, federal and provincial continue to ignore the tests set out in these decisions.

In that statement, Carroll says, the department explained the tests created by Cronic's line of cases: Courts may consider «structural limitations» to representation, such as underfunding of an indigent defense office, and absence of the «traditional markers of representation,» such as meaningful attorney - client contact.

«Public sector employees still find themselves in the Pickering - Connick - Garcetti line of cases,» Secunda says.

As lawyers, we're all accustomed to talking about the lines of cases that create bodies of precedent for legal principles.

There has been a growing awareness — and a line of cases — about the risks of sending privileged emails back and forth with clients who are using their employer - provided email accounts.

This argument was based on a line of cases primarily relating to an accounting of profits.

The applicable law on appeal is usually settled, with the parties devoting much of their energies to convincing the court that the facts fall into one line of cases versus another.

Reed says the courts will need to look back to earlier lines of cases in considering the potential hardship to landlords.

A long line of cases in this Court makes it clear that a State or municipality can not