Sentences with phrase «motions judge decision»

They upheld the motions judge decision that persons with a psychiatric disorders could also avail themselves of this right, if they are both competent and clearly consent.

The Court of Appeal upheld the motions judge decision on all of these points, and rejected these submissions.

Not exact matches

District Judge Barbara M.G. Lynn agreed June 27 to allow the three lawsuits against DOL's rule that are pending in the state to be consolidated, and both parties filed a motion asking that the judge render a decision in the case as soon as OctJudge Barbara M.G. Lynn agreed June 27 to allow the three lawsuits against DOL's rule that are pending in the state to be consolidated, and both parties filed a motion asking that the judge render a decision in the case as soon as Octjudge render a decision in the case as soon as October.

Lefcourt said that the way the judge who handles Shkreli's criminal case views his public conduct could affect the judge's decision on pretrial motions and arguments, which in turn can affect Shkreli's chances of beating the charges.

In rendering her decision, District Judge Barbara M.G. Lynn stated that the Coalition's motion should be granted because its proposed brief «provides a unique perspective» as the only filing party «representative of financial professionals in the United States already operating under a fiduciary standard.»

The judge's decision to deny the motion for private arbitration marks another major setback for Uber.

CHICAGO — A Cook County judge is expected to rule late next week on a motion to throw out a lawsuit challenging the legality of Mayor Richard Daley's decision to close Meigs Field during the middle of the night in late March.

The embattled Rochester City Court judge is pursuing a motion to overturn the court decision that put her in jail for several weeks last summer.

'' We are disappointed in Judge Azrack's decision to deny the motions, which gives the government an advantage it does not deserve,» he said.

The decision, by a state Supreme Court judge, came after New York State Attorney General Andrew Cuomo filed a motion Monday saying that Thain, who was ousted shortly after the merger, had refused to provide more information about the compensation.

In an order issued 23 January, US District Court Judge Lawrence O'Neill denied a motion filed by the California Air Resources Board (ARB) to stay the injunction on the enforcement of the Low Carbon Fuel Standard (LCFS) he had ordered in the earlier decisions of 29 December 2011 while ARB... Read more →

District Judge Reggie Walton denied a motion to put on hold the Obama administration's decision to terminate the Accrediting Council for Independent Colleges and Schools (ACICS).

According to Judge Cote's decision, Apple's motion was denied under the Sherman Act; this ruling specifically addresses the alleged collusion that stemmed from Apple and the publishers working together to set the prices on ebooks.

The giant bookseller files a motion, saying the decision by an administrative law judge reached «erroneous conclusions» and was based on «a misstatement of the facts.»

In re MacDonald 08 - 11741 (Decision March 10, 2009; Judge Bucki, Buffalo) Motion by debtors to compel trustee to return life insurance proceeds turned over pursuant to the 2002 decision in TeufDecision March 10, 2009; Judge Bucki, Buffalo) Motion by debtors to compel trustee to return life insurance proceeds turned over pursuant to the 2002 decision in Teufdecision in Teufel etc..

In May federal judge Laura Taylor Swain, in deciding against the Warhol Foundation's motion to dismiss Simon - Whelan's case, gave the plaintiffs the all - important right of «discovery» so that the authentication board's long - suppressed methods of reaching its decisions can now be brought to light.

If the first decision was fortuitously not law of the case - because of the judge's decision to rule on the initial motion to dismiss - then that argument should have been made and decided at the trial level; exactly like it now should.

Judge Weisberg, in his decision denying Steyn's Anti-Slapp motion, based his conclusions entirely on the allegations of the complaint.

In the oral argument of the anti-SLAPP motion, both the lawyers and judges seem too often to be playing blind man's bluff with the facts, making a decision both unpredictable and probably somewhat random.

Today's decision follows a circuit court judge's motion in August 2010 to set aside Cuccinelli's request.

In an order issued 23 January, US District Court Judge Lawrence O'Neill denied a motion filed by the California Air Resources Board (ARB) to stay the injunction on the enforcement of the Low Carbon Fuel Standard (LCFS) he had ordered in the earlier decisions of 29 December 2011 while ARB... Read more →

Two years ago, I wrote a post titled, In Litigation and Legal Research, Judge Analytics is the New Black, in which I discussed three products — Lex Machina, Ravel Law and ALM Judicial Perspectives — that were extracting data from court dockets and applying analytics to reveal insights about judges, such as how they might rule on a specific type of motion or how long they might take to issue a decision.

The 32 - page decision issued Tuesday references a number of interlocutory motions that took place and Callaway says that those were part of the judge's reasoning for awarding damages to Mohammed.

You are not the prosecutor responsible for pursuing the «animal - noise ordinance» violation against the cockatoo owner, nor are you the judge who had to hear the case and issue a decision in a motion to dismiss it.

Don't think for one moment that trial judges presiding over fee motions do not factor in each side's conduct (during the litigation and in performing any settlement) when making their decisions.

While there appeared to be a consensus for years that strict language was required to displace the common law without infringing on the ESA, Rose says a 2016 Ontario Court of Appeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier rulings.

While placing some emphasis on the question of class counsel fee arrangements, the Court ultimately deferred to the discretionary decision of the motion judge in his evaluation of the claims being advanced by the class counsel, and their respective degrees of preparation.

the motion judge erred in the decision that Ontario had both consent - based jurisdiction and jurisdiction by virtue of a real and substantial connection;

Similarly, no error arose from the motion judge's decision to effectively treat both consortiums as equal in terms of experience.

[84] Of course, where the motion judge applies an incorrect principle of law, or errs with regard to a purely legal question, such as the elements that must be proved for the plaintiff to make out her cause of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8).

Thus, unless the motion judge misdirected herself, or came to a decision that is so clearly wrong that it resulted in an injustice, her decision should not be disturbed.

The decision replaces the previous decision by the Ontario Court of Appeal in Combined Air Mechanical Services Inc. v. Flesch, a special five - judge panel to hear five appeals over Rule 20 which then created a «full appreciation test» for summary judgment motions.

After a hearing on the motion, the trial judge concluded that the introduction of the information about Flynn's searches impacted the jurors» decision as to whether the product was defective and whether Takata had notice of any defects.

Microsoft also submitted Judge Posner's decision to the United States District Court for the Western District of Washington, where it has a summary judgment motion on Motorola's request for injunctive relief pending.

On appeal, Justices Cronk, Epstein, and Huscroft upheld the motion judge's decision to dismiss Ms. Brown's lawsuit.

In a 3 - 2 decision, that panel reversed the decision of the three - judge panel, granted the petition to institute, and allowed the petitioner's joinder motion.

However, the courts in Oudin also did not have the benefit of this court's subsequent decision in Wood... Therefore, this court's endorsement in Oudin should not be viewed as supporting a broad, overarching principle regarding the motion judge's application of the severability provision in that case.»

In upholding the decision of the motion judge, the Court of Appeal addressed the test for leave, and in citing the Supreme Court, stressed that the bar is higher than the threshold for authorizing a regular class action.

Appellate Decision: As no new facts came to light after the initial contempt finding had been made, the principle of finality must be respected and Rule 60.11 did not permit the motion judge to revisit or reverse her initial finding of contempt.

Significantly, Hryniak also makes a decision by a motion judge to exercise his or her fact - finding powers and determine whether there is a genuine issue requiring trial more difficult to review on appeal.

As a result, the court was satisfied that the motions judge did not commit a reviewable error and chose not to interfere with the decision.

The motions judge, Justice Paul Perell of Ontario's Superior Court of Justice, reviewed the existing conflicts of law analysis as set out by the Supreme Court of Canada in its 2012 decision, Club Resorts Ltd. v. Van Breda.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

The Motion judge further referred to earlier decisions, including Drysdale v. Panasonic Canada Limited, McKinney v. University of Guelph and Leeming v. IBM Canada Limited [2015] O.J. No. 1020 with approval, confirming that:

Ms. Wood appealed the decision of the motion judge to the Court of Appeal, which considered the following issues:

In the recent decision of Covenoho v. Pendylum Ltd., the Ontario Court of Appeal awarded a former employee of Pendylum 40 weeks» pay ($ 56,000.00), overturning the ruling of the Motion Judge at summary judgment.

The Court of Appeal maintained the motion judge's assessment of the Bardal factors as it found no reason to interfere with his decision in this regard.

Judge De Palma presented a motion to retract the Superior Court decision based on several grounds, claiming that she was not notified of the judicial review application.

A majority of seven judges agreed to vacate the PTAB's final written decision against Aqua Products so far as it denied the patent owner's motion to amend claims during the IPR and remand the case to the PTAB with specific instructions:

However, the trial judge granted the motion for summary judgment and agreed that, although the decision was harsh, the plaintiff's notice was inadequate.