There is, at the end of the day, very little dispute about many of the most
material facts in this case.
Not exact matches
As a matter of
fact, the cost of running the business process from start to finish could be restricted to the cost of making phone calls, transportation, internet subscriptions, PR and
in some
cases materials such as fliers and handbills et al..
As a matter of
fact, the educational and training
materials on the website are purposely designed to support novice traders
in most
cases.
yo the thing is not about believing or not, is the
fact that if we don't believe then we are worthless living garbage who occupy a space
in the universe only to create crap and pollution,
in that kind of
case we would better be recycled into some industrial
material for a better use than eating and living like cattle, but if there is a god we acquire a divine status and a purpose to continue to exist beyond afterlife or at least the idea of it, which would give life a sense right?
In none of these
cases was there any intellectual insanity or delusion about matters of
fact; but were we disposed to open the chapter of really insane melancholia, with its hallucinations and delusions, it would be a worse story still — desperation absolute and complete, the whole universe coagulating about the sufferer into a
material of overwhelming horror, surrounding him without opening or end.
Is it not the
case in fact that the Maoists are right
in insisting on changing the basic
material conditions of life before attempting the subtler cultivation of character through interpersonal rhythms and that the traditional approaches of both Confucianism and Taoism were counterrevolutionary?
For example,
in many
cases a specific
material would,
in principle, be ideal for a technical application were it not for the
fact that its surface is unsuitable.
The first is the insurance risk premium, which stems from the
fact that producers of goods for public consumption (such as coffee, base metals, and petroleum), as well as the producers of these raw
materials, wish to transfer the risk of price fluctuations to speculators, which
in most
cases are financial institutions.
5 Most men, despite lip - service to equality, are reluctant to give up this «natural» order of things
in which their advantages are so great; for women, the
case is further complicated by the
fact that, as Mill astutely pointed out, unlike other oppressed groups or castes, men demand of her not only submission but unqualified affection as well; thus women are often weakened by the internalized demands of the male - dominated society itself, as well as by a plethora of
material goods and comforts: the middle - class woman has a great deal more to lose than her chains.
Lady Justice Gloster of the UK High Court of Justice Queen's Bench Division Commercial Court ruled «I find as a
fact that, from its incorporation and at all
material times, Chief Etete had a substantial beneficial interest
in Malabu», Approved Judgement,
Case 2011 FOLIO - 792 17 July 2013.
As will become clearer when we discuss the
cases, «
material contribution» as a substitute for the usual requirement of «but for» causation only applies where it is impossible to say that a particular defendant's negligent act
in fact caused the injury.
In Mostar Directional Technologies Inc. v Drill - Tek Corporation et al., 2017 FC 575, on a motion to strike brought by a defendant, the Prothonotary struck the pleading and dismissed the
case on the basis the statement of claim pleaded no
material facts... [more]
This motion asks the court to dismiss the
case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of
material fact is
in dispute.
The
facts in this
case clearly show that counsel were either purposely stonewalling or completely oblivious regarding the preservation and production of
materials from salesforce.com.
He also mentioned Blue J Legal, a system that analyses
fact situations returning relevant
case law and other
materials and succeeds
in reducing the mysterious aspects of the process by revealing how the system arrived at its results.
-- A service provider shall not be liable for monetary relief, or, except as provided
in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing
material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the
material or activity is infringing; (B)
in the absence of such actual knowledge, is not aware of
facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the
material; (2) does not receive a financial benefit directly attributable to the infringing activity,
in a
case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described
in subsection (c)(3), responds expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described
in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to
material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.
[12] The thrust of the applicant's argument is that previous
cases, which held printers liable for the contents of the
material they printed, were based on the
fact that
in earlier times printers necessarily had contact with the subject
material.
On rare occasions, the purchase contract itself is protected by a confidentiality clause and can't be recorded,
in which
case an affidavit stating the
material, non-confidential
facts could be recorded.
That's because of trends
in case law and the way the language
in the act has been interpreted, particularly around what she calls the «open - ended concept of all other
material facts» needing to be disclosed.
Once
in a while I could see
in the
facts of a
case details of the time and place, and it seemed to me that out of such
material the century and a half during which the U.S. has been a nation could be written up, not from the standpoint of an individual, as
in diaries, nor merely from the angle of the unusual, as
in newspapers, but from every standpoint — as many standpoints as were provided by the witnesses themselves.
Therefore, the court found, when the evidence was viewed
in favor of the plaintiff, there was a genuine issue of
material fact as to whether the defendant driver failed to exercise ordinary care (the standard for Georgia ordinary negligence
cases)
in parking his truck
in front of his home and was therefore potentially negligent.
For example
in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a
case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (
facts and
materials are accepted on a common sense basis without being formally admitted
in evidence) of any of the
facts necessary to support the arguments.
In other
cases, however, the timing of the RIF decision can create a genuine issue of
material fact that will preclude early disposal of a lawsuit.
Note, however, that
in the ENRC decision, on the
facts of that
case it was determined that litigation privilege would not apply to
material created for the dominant purpose of litigation where it was intended that the document would be shown to the other side.
In fact the real issue at stake was whether it was necessary to prove in each case that the proven wrongful exposure to asbestos was sufficient to have «doubled the risk» of contracting the disease in order to prove that the wrongful exposure to asbestos had made a material contribution to the onset of the diseas
In fact the real issue at stake was whether it was necessary to prove
in each case that the proven wrongful exposure to asbestos was sufficient to have «doubled the risk» of contracting the disease in order to prove that the wrongful exposure to asbestos had made a material contribution to the onset of the diseas
in each
case that the proven wrongful exposure to asbestos was sufficient to have «doubled the risk» of contracting the disease
in order to prove that the wrongful exposure to asbestos had made a material contribution to the onset of the diseas
in order to prove that the wrongful exposure to asbestos had made a
material contribution to the onset of the disease.
In order to succeed in a motion for summary judgment, the moving party must establish that there is «no genuine issue of material fact» and that the case should be decided in favor of the moving part
In order to succeed
in a motion for summary judgment, the moving party must establish that there is «no genuine issue of material fact» and that the case should be decided in favor of the moving part
in a motion for summary judgment, the moving party must establish that there is «no genuine issue of
material fact» and that the
case should be decided
in favor of the moving part
in favor of the moving party.
First, it is critical to understand this one
fact about jurors: while they do not particularly like or trust expert witnesses, they do like people who can help them understand the
material in a
case.
«Too» because the premise of the Clements
material contribution to risk test is that while the the negligence of least one one of the group of two or more negligent persons who whose conduct is found to be a legal cause was,
in fact, a factual cause, it is also the
case that the negligence of at least one of that group was not,
in fact, a factual cause.
(iii) the new point enables the EAT plainly to say from existing
material that the employment tribunal judgment was a nullity;
in such a
case, it is the EAT's duty to put right the law on the
facts available to the EAT;
[17]
In his written material contained in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's clien
In his written
material contained
in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's clien
in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the
case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the
fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's client.
Especially
in light of the caselaw discussed above, we are satisfied not only that the Maryland courts would conclude that an aiding and abetting cause of action would lie
in the circumstances of this
case, but also that plaintiffs have, by way of stipulation and otherwise, established a genuine issue of
material fact as to each element of that cause of [252] action.
In that
case the House of Lords held that the mere non-disclosure of
material facts, however morally censurable, did not create a cause of action.
The
fact that a glorified long - form radio program about a relatively ordinary criminal
case from a decade - plus ago could generate 20 million downloads meant I couldn't shake the feeling there was a lesson
in here somewhere about how to make the work lawyers do and the
material we produce to try and generate that work more accessible and compelling.
Whether that means that,
in practice, there can't be a jury to decide ONLY relevant questions of
fact,
in a
case where the ONLY theory of causation the plaintiff alleges is Resurfice
material contribution, is something some judge will have to sort out
in due course.
We also haven't seen any
cases where a judge said that he or she, before Resurfice, would have found the factual causation issue
in favour of the plaintiff using Athey
material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the
facts, must find the plaintiff failed to establish factual causation on the balance of probability.
Truly court
cases have become «evidence - based»
in the full meaning of the phrase as expert evidence elucidates the trier of
fact on a particular
material issue.
In other cases, it will be possible to know material facts without a medical opinion, and the medical opinion itself will simply be required as evidence in the litigatio
In other
cases, it will be possible to know
material facts without a medical opinion, and the medical opinion itself will simply be required as evidence
in the litigatio
in the litigation.
The Trademark Office
in this
case stated that
in order to raise a genuine issue of
material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific
facts that establish the «existence of an ability and willingness to use the mark
in the United States to identify [the goods
in the application] at the time of the filing of the application.»
The trial judge noted the distinction between the «but for» test for factual causation and the «
material contribution to the risk of injury» test, but ultimately found this
case not to be the exceptional one
in which the
material contribution test to determine cause -
in -
fact should be used.
In case, the policyholder purchases a policy without mentioning this fact, he may be granted the cover based on his declaration, however, in case of an early death, the insurance company is within its rights to repudiate the claim as he has not disclosed material facts at the time of entering the contrac
In case, the policyholder purchases a policy without mentioning this
fact, he may be granted the cover based on his declaration, however,
in case of an early death, the insurance company is within its rights to repudiate the claim as he has not disclosed material facts at the time of entering the contrac
in case of an early death, the insurance company is within its rights to repudiate the claim as he has not disclosed
material facts at the time of entering the contract.
Under the Affordable Care Act, rescission is illegal except
in cases of fraud or intentional misrepresentation of
material fact as prohibited by the terms of the plan or coverage.
In cases of any false or non-disclosure of any
material fact, the Plan shall be void and all premium paid shall be forfeited.
In short, the Monsanto
Case highlights the
fact that government regulation not only imposes an implicit tax on business — it affirmatively distorts the workings of individual markets if it causes the introduction misleading or deceptive information that is
material to marketplace decision - making.
In recognition of the
fact that participants» practices will likely include non-Collaborative divorce
cases, we will dedicate some of our
case consultation time to discussing relevant
material from other modalities (including mediation, cooperative divorce, divorce coaching, parenting coordination, developing parenting plans, and psychotherapy with individuals and families dealing with separation and divorce).
WOW a lawyer is a deciding that the SPIS is a legal nightmare for Sellers??? Well the legal nightmare
in the
case he stated seems that the Seller did not disclose the
material facts of the property, and the Seller is only having to pay a third of the cost to rectify the problem.
However, a court may decide that the agent should have had that knowledge and
in that
case, being a transaction broker doesn't relieve you of responsibility to disclose
material facts so I doubt the capacity would make a difference.
After reviewing the governing Code of Ethics, Justice Epstein wrote, «
In my opinion, in the circumstances of this case, given the requirements set out in the Code and the fact that Ms. Weddell had reason to doubt the veracity of the Scherbaks» representations about the house, the authorities that indicate that a real estate agent's duty to his or her client includes a duty to investigate material information about the property, are applicabl
In my opinion,
in the circumstances of this case, given the requirements set out in the Code and the fact that Ms. Weddell had reason to doubt the veracity of the Scherbaks» representations about the house, the authorities that indicate that a real estate agent's duty to his or her client includes a duty to investigate material information about the property, are applicabl
in the circumstances of this
case, given the requirements set out
in the Code and the fact that Ms. Weddell had reason to doubt the veracity of the Scherbaks» representations about the house, the authorities that indicate that a real estate agent's duty to his or her client includes a duty to investigate material information about the property, are applicabl
in the Code and the
fact that Ms. Weddell had reason to doubt the veracity of the Scherbaks» representations about the house, the authorities that indicate that a real estate agent's duty to his or her client includes a duty to investigate
material information about the property, are applicable.