Sentences with phrase «of appeals in the case»

And there is a chance that this number will fall further depending on the outcome of the appeal in another case — Gillette v. Uber Technologies, Inc..

All the findings of fact and conclusions of the Court of Appeals in that case are fully applicable to the present case.

The National School Boards Association (NSBA), joined by eight state school boards associations, today filed a «friend of the court» (amicus) brief in the Ninth Circuit Court of Appeals in the case of D.A. v. Meridian Joint Sch.

Although the LIBOR debacle has yet to reach its denoument, the full judgment of the Court of Appeal in the case of Alex Pabon seems destined to be heavily critical of the SFO's top brass and their protracted, costly and poorly managed investigation into LIBOR manipulation.

However, the Court of Appeal in this case seems to have gone beyond prior jurisprudence in its attempt to limit the rights granted to ICBC, drawing conclusions that appear out of line with other jurisprudence from the Federal Court.

On March 8, 2013, the Ontario Court of Appeal in the case of Cavanaugh v. Grenville Christian College (2013 ONCA 139) ruled that students, who had allegedly suffered various forms of abuse at a private Anglican school at the hands of its headmasters, had no cause of action against the Anglican Diocese.

Successfully defended the County of Westchester before the Southern District of New York and the Second Circuit Court of Appeals in a case involving Constitutional claims arising from the criminal arrest and «Perp Walk» of correction officers.

Represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer.

Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX).

He successfully defended the County of Westchester before the Southern District of New York and the Second Circuit Court of Appeals in a case involving Constitutional claims arising from the criminal arrest and «Perp Walk» of correction officers (Caldarola v. County of Westchester).

The Court of Appeal decision in Sturges v Bridgman (1879) 11 ChD 852 was clear and binding authority that coming to a nuisance was no defence (and that decision was followed by the Court of Appeal in the case of Miller v Jackson [1977] 1 QB 966, [1977] 3 All ER 338).

The basis on which the Court of Appeal in those cases concluded that the date of the advance was relevant to costs was because the plaintiff «had in hand more at the start of the action than the amount of the jury's verdict.»

In 2016, Anton was admitted to the Bar in the Supreme Court of Gibraltar, and has appeared there in a fraud trial and subsequent appeal to the local Court of Appeal in a case concerning the ownership of millions of dollars held in an offshore bank account.

In Weaver v London and Quadrant HA Ltd [2009] 4 All ER 865, [2009] HLR 40, at [80], Elias LJ felt that the approach adopted by the Court of Appeal in that case — that acts of management were functions of a public nature — extended to all tenants of the trust who are in social housing where the properties were acquired as a result of state grants.

The Arizona Court of Appeals in the case of Contreras v. Bourke ruled that parenting time can not be reduced without the parent receiving proper notice that his or her parenting -LSB-...]

Chief Constable of West Midlands Police v Blackburn [2009] IRLR 135 (Court of Appeal) Appeared (led by Elizabeth Slade QC — now Mrs Justice Slade) on behalf of the Chief Constable at first instance, in the EAT and in the Court of Appeal in a case brought under the Equal Pay Act 1970 concerning the genuine material factor defence and justification for the payment of night shift supplements.

The Arizona Court of Appeals in the case of Jordan v.

Equitable Defenses to Non-Modifiable Spousal Maintenance in Arizona The Arizona Court of Appeals in the case of Coburn v. Rhodig addressed an appeal from the Maricopa County Superior Court.

The decision of the Court of Appeal in this case is very much in line with its earlier recent decision in Richards v London Borough of Bromley [2012] EWCA Civ 1476; [2012] All ER (D) 184 (Nov).

In contrast, the majority of the courts of appeals that have considered the question have held, in accord with the court of appeals in this case, that the statutory maximum penalty in a drug conspiracy case turns on the jury's determination of the type and quantity of drugs involved in the conspiracy as a whole.

Last week's decision of the Quebec Court of Appeal in the case of Trudel v. Nahmiash (sub nom New Jersey (Department of the Treasury of the State), Division of Investment v. Trudel), 2009 QCCA 86 («Trudel») raised a number of important issues well worth exploring in further detail.

Mike Fox writes about a classic question faced by the 10th U.S. Circuit Court of Appeals in a case brought by two female employees of a New Mexico Boys» School:

[47] While the judgment of the Court of Appeal in that case was set aside and a new trial ordered -LSB-[1952] 1 D.L.R. 82] there is nothing said in the judgments delivered in this Court to throw any doubt on the accuracy of the statement quoted.

The English Court of Appeal in that case recognised that immunity from execution fell into a different category from immunity from suit, as has been recognised historically by the common law courts in different jurisdictions.

CCLA recently intervened before the Ontario Court of Appeal in a case that challenges one aspect of our federal electoral system.

David Skwark was in the Court of Appeal in a case in which he represented the Law Society of Manitoba pursuing a lawyer and his wife for monies relating to improper conduct with the beneficiary of the residue of the clients» estate being the Winnipeg Humane Society.

West Coast LEAF will also be intervening at the BC Court of Appeal in a case about when and how the governing bodies of healthcare professions can act to protect the public in response to a complaint of sexual misconduct against a healthcare practitioner.

The Arizona Court of Appeals in the case of Dougall v. Dougall held that those same disability benefits may be considered by a trial judge if he or she is determining how much to order a spouse to pay towards alimony arrearages.

He successfully represented the child of the former Chief Judge of the District of Columbia Court of Appeals in the case of In Re: The Estate of Dorothy O'Reilly, a case that was heard in the District of Columbia Court of Appeals.

The short answer to whether an Arizona judge may order child support based upon a percentage of a parent's income is no, an Arizona court can not simply order a parent to pay a percentage of his or her income for child support according to the Arizona Court of Appeals in the case of Brevick v. Brevick.

The screening process approved by the Ontario Court of Appeal in this case must be followed.

The vexing problem relating to the issue of the calculation of compensation payable to commercial agents on termination of their agency agreement has arisen once more in the revolutionary judgment of the Court of Appeal in the case of Lonsdale v Howard & Hallam Limited [2006] EWCA Civ 63 made on 6 February 2006.

It is disconcerting that the Court of Appeal in the case of Wood - v - TUI Travel 2017 (not a Hill Dickinson case) dismissed an appeal where the judge at first instance held that section 4 (2) of the Supply of Goods and Services Act 1982 (the Act) could be used against TUI in respect of a claim of contaminated hotel food in order to hold TUI strictly liable.

We have seen the Court of Appeal's rejection of the appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)-RRB-.

In addition, Sunil has been instructed on a number of appeals in cases where he had not been involved at first instance.

The presumption was also rebutted in Tervita Corp. v Canada (Commissioner of Competition), 2015 SCC 3 (CanLII) because the statutory right of appeal in that case was worded «as though originating from a court and not an administrative source» (at para 39).

The court decided to delay the consideration of the amount of these damages, however, until after the completion of appeals in the case.

Learned senior counsel placed reliance on the judgment delivered by the Court of Appeal in case of Thoday Vs. Thoday (1964) 2 WLR 371 in support of the submission that a party can be estopped to relitigate the matter only if the cause of action or the plea in defense in the second action is precisely the same and has been raised in the previous case and where that has been the subject matter of a full examination and adjudication in the previous case.

Mr. D'vitre placed reliance on the judgment of English court of Appeal in case of Kanoria and others vs. Guinness (2006) 1 LLR 701 in support of the submission that even though in that matter challenged to the award in India had failed, English Court of appeal had refused to enforce foreign award as the aggrieved party was not given due notice of plea of fraud and was unable to represent its case.

Indeed, as we previously observed, the Court of Appeals in this case expressly declined to second - guess the District Judge on the credibility of the witnesses.

That's according to a new ruling from the Ninth Circuit Court of Appeals in a case that has nothing to do with online streaming sites or binge - watching sessions, but does involve the sharing of passwords.

1936 Judge Augustus Hand, writing for a U.S. Circuit Court of Appeals in the case of Us v.

Not exact matches

Irish Finance Minister Michael Noonan told CNBC Tuesday that the country would appeal to the ruling, restating Ireland's position that the «full amount of tax was paid in this case and no state aid was provided.»

The Air Force Court of Appeals in May 2017 also reversed a conviction in the sexual assault case U.S. v. Boyce after finding that public statements by Sens. Claire McCaskill and Kirsten Gillibrand regarding the «Marines United» scandal earlier this year created «the appearance of unlawful command influence» in the case, as retired Col. Don Christensen, a former Air Force chief prosecutor and current president of the advocacy group Protect Our Defenders, told Task & Purpose at the time.

In an emailed statement, a Gawker spokesman said that nothing has changed, and that the company has «always said we're exploring contingency plans of various sorts» in case the Hogan judgment is upheld on appeaIn an emailed statement, a Gawker spokesman said that nothing has changed, and that the company has «always said we're exploring contingency plans of various sorts» in case the Hogan judgment is upheld on appeain case the Hogan judgment is upheld on appeal.

From a purely financial point of view, there may have been companies and investors who were willing to buy a stake in Gawker before Peter Thiel's involvement became public on the assumption that it might win the Hogan case on appeal or that damages might be reduced.

The jury spent a total of just 14 hours in the penalty phase of the trial after finding Tsarnaev guilty on all 30 criminal counts, but an automatic appeal means his case will drag on.

A judge ruled in favor of the House in 2016, but an appeal filed by the Obama administration allowed the CSR payments to continue as the case moved its way through the courts.

Still, experts said those comments were likely to hurt the government's case in the Ninth Circuit Court of Appeals, which heard arguments on Tuesday night over whether the TRO should be upheld while the order's legality is established.

Separately on Tuesday, a judge for the U.S. Federal Court of Appeals for the Fourth Circuit, ruled narrowly in favor of the subsidies in a case called David King.