The majority based their decision on the ambiguous nature and the particular wording of the exclusion clause in this case.
Not exact matches
To the Fed's credit, the
majority of FOMC members in January 2008
based their policy
decisions on the mounting dysfunctional behavior of the financial markets rather than ephemeral coincident indicators such as real GDP growth.
«There is a broader discussion whether we should move to
decision - making
based on majority also in the area of taxation,» Dombrovskis told reporters.
This highly flawed concept, widely taught in MBA and financial engineering programs, perceives volatility as an exogenous measurement of risk, ignoring its role as both a source of excess returns, and a direct influencer
on risk itself... Systematic strategies are
based on market volatility as a key
decision metric for leverage... The
majority of active management strategies rely
on some form of volatility for excess returns and to make leverage
decisions.
One of the main challenges of getting a loan for your small business from traditional lenders is that they
base the
majority of their
decisions on a credit score.
Why can't we make
decisions for ourselves
based on the world the
majority want to live in?
To my point above, while I'd be fine with that, imo a
decision made
on that
basis would be hated by the
majority of fans.
The 2015 convictions of former New York State Assembly Speaker Sheldon Silver and State Senate
Majority Leader Dean Skelos were overturned
on the
basis of the McDonnell
decision.
Decisions are taken
on the
basis of a
majority vote.
By an overwhelming
majority, (85 - 12), voters support the repeal of the «last in, first out» rule governing teacher layoffs, agreeing that the
decision governing who loses a teaching job should be
based on performance and not seniority.
Appealing his conviction, lawyers for former Senate
Majority Leader Dean Skelos say he should receive a new trial
based on the outcome of a Supreme Court
decision outlining how public corruption charges should be interpreted.
He said, «The SGF case, it was a work done by the committee and was presented, it was the
decision of the
majority based on the resolution passed».
Bonventre says a Democratic
majority could make a difference in some key
decisions, but he says the high court in New York has none of the partisan bickering or gridlock experienced in the US Supreme Court, where Presidents in recent decades have made appointments
based on a nominee's ideology.
Though Councilwoman Sylvia Overby and Councilman Peter Van Scoyoc argued that it would be better to
base a
decision on the recent hearing, a
majority of the board voted with Ms. Quigley.
Attacking new teacher evaluation systems that are, for the first time, enabling district public schools to make
decisions based on teacher quality, does violence to the cause of improving the quality of education for the overwhelming
majority of students who don't attend charter schools.
«But the reality of being human is the vast
majority of our
decisions are
based on emotions.»
Because the
majority of medical
decisions are
based on diagnostic test results, analytic validation is critical.
Hunt explained: «This report exposes the vast
majority of predicted grades as guestimates, which are not fit to be the
basis on which young people and universities take key
decisions about their futures.
While the «overwhelming
majority» of school districts make layoff
decisions based on seniority alone, according to NCTQ, 10 states specifically require school districts to make layoff
decisions based on seniority.
A
majority of
decisions by school leaders and teachers are taken
based on intuition, instinct, and limited observations.
Wiper blades are a part of your car that is usually overlooked when people think about routine maintenance, yet, the
majority of driving
decisions are
based on visibility!
This
decision was made
on the
basis of a survey revealing that a
majority of customers were in favour of retaining the long - standing Australian badge introduced in 1978.
The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make
decisions based on the vote of the
majority.
A
majority of lenders look for other factors than one's FICO score to
base their
decision on whether to advance the loan amount requested.
A
majority of lending
decisions today are
based on FICO scores.
An iLoans customer service representative told MagnifyMoney that the
majority of the loan - making
decision is
based on your repayment history, rather than a specific credit score, and your ability to repay the loan,
based on income.
The
majority of the Alarmed and Concerned plan to make purchasing
decisions based on whether companies are enacting or opposing steps to reduce global warming.
A
majority of the population could decide tomorrow to change course, however they won't because every individual makes
decisions based on very personal reasons.
The
majority opinion denied that its
decision changes the standard for determining copyright infringement by making it easier to find similarity
based on style or «groove.»
Your Limited Partnership Agreement can include details like: the name, address, and purpose of forming the partnership; whether limited partners have any voting rights regarding the day - to - day business
decisions; how
decisions will be made (by unanimous vote,
majority vote, or
majority vote
based on percent ownership); the names, percent ownership, and capital contributions of the partners; defined management roles for individual partners; accounting and auditing information; how to transfer or buy out shares; how to dissolve the partnership; and more.
In a
majority decision on jurisdiction last week, six Justices ruled HRA 1998 does not apply to soldiers abroad unless they are
on a UK military
base.
Supreme Court of Canada
Decision: No Prima Facie Discrimination The Supreme Court dismissed the appeal, with the
majority confirming that the employer terminated Stewart for breaching the Policy's requirement to disclose his drug use, and that discrimination
based on his disability was not a factor in the termination of his employment.
-- authored by Circuit Judge Hurwitz [
majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed
based upon its reliance
on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.
In a 2 - 3
decision, the
majority of the appeal panel found the hearing panel, in deciding to disbar Abbott for knowingly assisting in mortgage fraud
based on willful blindness, failed to put sufficient weight
on the «extraordinary delay that took place here.»
Volokh takes a stab at predicting how Kennedy will rule,
based on his approach to Kennedy's
majority decision in Hiibel v. Sixth Judicial District Court in 2004.
Writing for the
majority, Chief Justice Beverly McLachlin said the
decision on whether to allow the face covering must be decided
on a case - by - case
basis and that judges would have to consider a set of questions before deciding whether to order a witness to remove her niqab.
Although it is difficult to decipher how the court will decide a case
based on oral argument questions, it appears that a
majority of the court will likely overturn the lower court's
decision and uphold the cap.
Her divergence from the
majority in both
decisions rested
on the view that judicial deference is
based upon the principle of relative expertise or experience in a particular area, and thus this bare assertion of a presumption of deference simply because a statutory
decision - maker is interpreting its home statute pays too little attention to whether the statutory
decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (See Alliance Pipeline at para 80 and Alberta Teachers» Association at paras 82 — 89).
Landmark Charter
decisions have become rarer and references to the living tree have declined in recent years.39 In one recent
decision, Consolidated Fastfrate v. Western Canada Council of Teamsters, a 6 - 3
majority of the Court employed a traditional division of powers analysis and found that the appellant's business was subject to provincial jurisdiction
based on the «nature of its operation» — meaning that it conducted its business entirely within the province — and the long - accepted rule that works and undertakings are generally to be regulated by the provinces.
(The record of the Commission's findings between January 2004 and July 2014 indicates that in non-cartel infringement
decisions the
majority (10/12) were
based on a «by object»
decision which saved the need for the Commission to spend time and resources in examining detailed evidence
on the effect of the agreements under scrutiny).
Regardless, he noted, «
based on the reasoning of the
majority, they would have reached the same
decision, even had the Ktunaxa position been consistent from the beginning.
Judge Newman observed that the
majority based its
decision partly
on the Power Integrations case.
If the
decision has been taken to set the date in accordance with Article 121 (3), the Council shall,
on the
basis of its recommendations referred to in Article 121 (2), acting by a qualified
majority on a recommendation from the Commission, decide whether any, and if so which, Member States shall have a derogation as defined in paragraph 3 of this Article.
The chambers judge quashed the adjudicator's
decision on the
basis of timing, and the
majority of the Court of Appeal upheld the chambers judge's
decision.
It should be noted that the
decision of the Court of Appeal was set aside by the Supreme Court of Canada at [2008] 3 S.C.R. 453, however this was
based on insurance issues in the case and the above noted principle extracted from the reasons of the
majority was not called into question in the Supreme Court of Canada
decision.
En bancreview involves a panel of all eleven FISC judges and must be ordered by a
majority of the FISC judges
based on a determination that «(i) en banc consideration is necessary to secure or maintain uniformity of the court's
decisions; or (ii) the proceeding involves a question of exceptional importance.»
I note that the
majority of the SCC of Canada made this point expressly in the 2001 TWU
decision (I note too that the dissenting opinion consisted of Justice Heureux Dube and can be dismissed
on that
basis alone — though it's also a very poor reasoned opinion).
The
majority's
decision gave considerable weight to those claims, but emphasized that there is no hierarchy of rights under the Charter, such that the those claims must be balanced against the co-equal claims to religious freedom (and freedom from discrimination
on the
basis of religion).
«The
majority decision in Estabrooks will be a good precedent for professional regulatory bodies sued for malicious prosecution
based on disciplinary proceedings that turned out to be unfounded — and for counsel and litigants urging a cautious approach to the expansion of any contested tort.
«In general, the
majority of consumers showed that they secured multiple quotes while making potential purchase
decisions,» states comScore in a recent report
on digital -
based auto insurance shopping.