Sentences with phrase «not prevail in this case»

JUSTICE KENNEDY: I'm asking you whether or not in your view, if you do not prevail in this case, the unions will have less political influence; yes or no?

«I'm asking you,» Kennedy said, «whether or not in your view, if you do not prevail in this case, the unions will have less political influence: yes or no?»

Although Microsoft didn't prevail in those cases, its, uh, competitive spirit appears to be unquenched.

Not exact matches

Failing to adhere to these requirements, the S corporation may not prevail in court in the case of a liability action, with the result that the stockholders are severally and individually held to be liable.

«The bottom line is I don't think you're going to see the status quo prevail in any event, regardless of the court case.

Owoseni recalled that the police had promised to ensure justice prevailed in the murder case, noting that they were not unaware of the allegations and counter allegations Hamburger's murder generated.

In this case, there was also an egg donor involved who wanted the embryos back if the wife did not prevail.

«Liberals And Conservatives Can't Even Use The Same Dating Apps Main Spark Networks Prevails In Patent Infringement Case»

And this only if either Nier: Automata or Tales of Berseria don't release close to Persona 5: in this case, my long lasting love for Platinum Games and the Bandai Namco series will prevail.

The prevailing narrative of Black Panther's spectacular opening weekend is that it shattered a long - held Hollywood myth that movies led by people of color — and, in Black Panther's case, rooted in black culture — don't perform well at the box office, particularly overseas.

In the case of Legion, the eye - popping special f / x outweigh the frequently corny dialogue to yield an old - fashioned B - screamer that's an amusing enough diversion to be worthwhile, so long as you don't mind faith - based fare where Messengers of God might not ultimately prevail.

Bell said Walker prevailed in the recall partly because many voters don't like recall elections and some believed recalls should only be used in cases of malfeasance.

In case you haven't already caught the prevailing theme of understatement, Range Rover reps are quick to tout that the new Velar as an exercise in minimalism, reductionism, and just about any other — ism you might ascribe to a Brancusi sculpture in polished brasIn case you haven't already caught the prevailing theme of understatement, Range Rover reps are quick to tout that the new Velar as an exercise in minimalism, reductionism, and just about any other — ism you might ascribe to a Brancusi sculpture in polished brasin minimalism, reductionism, and just about any other — ism you might ascribe to a Brancusi sculpture in polished brasin polished brass.

By contrast, a foreclosure (also the prevailing law in the U.S.) is undertaken by a lender when the homeowner defaults on their mortgage, but in this case the borrower is not liable for any loss incurred by the lender.

In both cases (though I won't say that a Ven diagram of the two camps would be one solid circle, the overlap would be significant) the prevailing science is disputed by a very small number of credentialed individuals.

please go take a nap; hopefully by the time you wake up, those of us who take this seriously will have solved the problem or who won't, in which case the facts will have prevailed, and you and your kind will have succeeded in allowing huge devastation....

Even putting aside the OHC data and fingerprinting, there is absolutely no evidence in model simulations (or in prevailing reconstructions of the Holocene), that an unforced climate would exhibit half - century timescale global temperature swings of order ~ 1 C. I don't see a good theoretical reason why this should be the case, but since Judith lives on «planet observations» it should be a pause for thought.

Alternative remedy would have to be «equally convenient and effective» to prevail; in this case it was not.

In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984in the «Granital case», Sentenza n. 170, 5 June 1984).

Contingency fees offer you the peace of mind that comes with knowing that you are not at risk of being hit with an enormous legal bill from us in the event that you do not prevail in your accident claim, along with the confidence that you are being represented by a team who will treat your case as if it were their own.

In this particular case, the adversaries did not obtain what each really wanted, so the «no one prevailed» call by the court below was sustained.

This does not mean that the seal hunters will not prevail in the end (although I doubt it), as they have also challenged the Commission implementing Regulation, which will enable them to challenge the basic Regulation too (the decision of the GC in that case can be found here and my comments are here).

Indeed, the prevailing assumption is that 95 % + of criminal defendants are guilty of something, and criminal defense lawyers actually kind of dread representing a client who really is 100 % innocent, because the acceptable standards of success in the case that won't result in injustice and acceptable litigation options in the case, are so much narrower.

-- Whether the case is interprovincial or international in nature, and comity and the standards of jurisdiction, recognition and enforcement prevailing elsewhere are relevant considerations, not as independent factors having more or less equal weight with the others, but as general principles of private international law that bear upon the interpretation and application of the real and substantial connection test.

But despite the delay in appealing, and despite the 26 - week overall time limit, the Court of Appeal was still willing to entertain the challenge and uphold it, with an indication that (against much of the prevailing mood recently) the need for robust case management should not prevent a meritorious appeal from being considered.

In that case the Board emphasized that there should not be «too narrow a focus» on whether a settlement provided a full remedy» because of a faulty presumption that «the General Counsel would prevail on every allegation in the complaint.&raquIn that case the Board emphasized that there should not be «too narrow a focus» on whether a settlement provided a full remedy» because of a faulty presumption that «the General Counsel would prevail on every allegation in the complaint.&raquin the complaint.»

«I have found no case anywhere that deals with facts remotely like those at issue in this sordid affair, [leaving] what one can only hope is not an indelible impression that lawyers, even very prominent ones, will do almost anything to prevail if enough money is at stake and available for their use.»

Thus, we might conclude that juries are best suited to determine obscenity vel non, and that jury verdicts in this area should not be set aside except in cases of extreme departure from prevailing standards.

Giving judgment in that case, Lord Phillips had expressed the view that had the regime been enacted by an Act of Parliament, the principle of legality could not have prevailed over the clear and unambiguous will of Parliament.

When the moving party's brief was more readable, the moving party was typically more likely to prevail, as we found the readability score variable significant at the.05 p - level in three of four models.100 The only model where this score was not significant at a tested p - level was based on the isolated sample of state court cases.101

That same year, in Los Angeles, a trial judge allowed a prevailing party to include $ 24,000 paid to the trial technician operator in their cost memo to recover from the other side, even though that is not one of the enumerated recoverable costs and there was actually case law against including it.

The trial judge determined that, although plaintiff did get affirmative recovery, the plaintiff did not prevail when all the circumstances were considered in Fry v. Skinner, Case No.

The Court heard oral argument this morning in Astrue v. Ratliff, a case challenging the Eighth Circuit's determination that fees awarded to a prevailing party under the Equal Access to Justice Act belong to the attorney, not the client.

On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.

Most likely, he would not prevail in a lawsuit against you for a reward and would not even try to bring one unless the first package was extremely valuable (if he managed to cause a $ 10,000 item to be returned to you the case «feels» different than if he managed to cause a $ 100 item to be returned to you).

To prevail in a personal injury case against a landowner for failing to install a proper sprinkler system, you will have to prove first that there was no sprinkler system in the building where you were injured, or that the sprinkler system in place was not up to BBRS standards.

In cases, however, when a 1983 claim is viable, it is a powerful tool since attorney's fees are awarded if plaintiff prevails at all and the jury isn't aware of this.

Although, it was pointed out on behalf of the Appellant that in Rule 1.1 it had been stated that if any of the SIAC Rules was in conflict with the mandatory provision of the applicable law of the arbitration, from which the parties could not derogate, the said mandatory provision would prevail, such is not the case as far as the present proceedings are concerned.

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.

In general, the model vehicle you choose will not move your liability premiums all that much one way or the other, but there are some cases where exceptions prevail.

In some but not all cases, the terms of a prenuptial agreement prevail over state law requirements concerning the disposition of property of couples that separate or divorce.

In such a case the rights under the non-Indigenous tenure, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish theIn such a case the rights under the non-Indigenous tenure, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish thein giving effect to them, prevail over the native title rights and interests but do not extinguish them.

(b) in any other case — the opinion of the Chief Justice or, if he or she is not one of the Judges constituting the Court, the opinion of the most senior of those Judges, shall prevail.

But with the rules and regs saying one thing, agents thinking something else altogether or not «thinking» at all in some cases, the only thing that prevails is total confusion for the public, who often don't know what to think (they just want to buy or sell a house)-- and many agents can't explain it, neither can their brokerages — or what is taught in courses (which sometimes is in total conflict course to course to course) merely adds more confusion, thanks now to the total input of the CB lady.

(This is not always the case, obviously, but it is a prevailing attitude in the collective mind - set of the public... I'm defending my choice of working within this industry all the time... I sometimes get into some heated exchanges with folks as I stand up for the fact that there are many good folks in this business; but I do have to concede that there are also those who don't belong here, especially to those folks who tell me why they think negatively of our industry; it always boils down to one or more personal negative experiences, and if not that, to stories that they have heard about same from other disillusioned consumers.