Sentences with phrase «of case law on»

The industry term for this is «dealer property» there is a great deal of case law on the issue as to what you should be considering in performing this analysis.

There is a growing body of case law on parental alienation that shows that the courts are becoming ever more sophisticated about how to deal with the problem.

An element of judicial desk clearing led to a flurry of case law on important topics, right up to the close of play before the break.

The majority judgments in J.A. and Ashlee are also more compelling in terms of their interpretation of the consent provisions of the Criminal Code and their application of the case law on consent.

There is an extensive body of case law on this issue which your attorneys will discuss with you so that you can build your best possible case if you need to move out of state.

Raymond Hill's article in the Bloomberg BNA Viewpoint series examines the Court of Justice's line of case law on single / multiple supplies following on from the Tellmer decision — and particularly the recent judgment in Wojskowa.

What follows, however, is marked by a feature which is unfortunately common to much of the case law on EU external agreements: a highly selective teleological reading of the Agreement at issue.

It is interesting to study contact because of the relative dearth of case law on non-custodial access under the Family Relations Act (FRA), making it somewhat difficult for family lawyers to advise clients on contact.

Of course, employers may protect themselves from policy grievances regarding random testing by negotiating the testing language into the collective agreement, but the current state of case law on this issue makes it highly unlikely that a union would voluntarily agree to such language.

Finding that conflicting decisions within the 2nd Circuit had left the Rule 23 standard unsettled there, the opinion conducted an in - depth review of case law on the issue, including Sotomayor's Visa Check case.

There is a substantial body of case law on whether prosecution for a crime with elements A, B, and C bars prosecution for a crime with different elements arising from the same facts and circumstances (e.g. if acquittal of a lesser included offense whose elements must all be proved to convict on the more severe offense provides double jeopardy protection), that wouldn't be directly applicable in my alternative scenario because the offense tried the first time and the second would have exactly the same elements.

There is not a lot of case law on lawyers litigating the ADA's applicability to the practice of law once they are admitted.

Much of the case law on double patenting arises from «Old Act» patents, patents filed prior to 1989 when the term of protection was 17 years from the date the patent was granted.

He came to this calculus, recognizing the complete absence of case law on this point, by looking to similar cases on sexual battery.

I'm not aware of case law on point, other than Riley, which you mention (which doesn't mean that there isn't any - I'm not a specialist in this area).

There is a dearth of case law on s 18.

For a comprehensive summary of the case law on SLC, see Peter Armitage, «The evolution of the substantial lessening of competition test — a review of case law» (2016) 44 Australian Business Law Review 74.

Not exact matches

As I argue in a forthcoming paper in the Georgetown Law Journal, there are cases in which we should think not in terms of the rights the corporation should enjoy, but in terms of the appropriate limits to be placed on the corporation, understood as a tool for achieving human objectives.

But the guild has recently upped its efforts to organize the story - shapers behind some of the biggest hits on TV, and these cases have been seen by many in the labor law community as a hardball tactic in that crusade.

«There are going to be tough questions on both sides, questions the Supreme Court has not directly answered before in cases, that this court may not hesitate to stay clear of,» says Adam Winkler, a professor of constitutional law at University of California, Los Angeles.

«On a general level, there can be practical barriers to pursuit of a criminal case, such as the victim company's fear of embarrassment, reputational damage, or the perceived risk — real or not — that their trade secrets will be exposed in a court proceeding,» said Brooke French, shareholder at law firm Carlton Fields.

While women continue to be the primary caregivers of families — caring for children, the elderly and, in the case of illness, for in - laws and spouses — the number of men in caregiving roles is also on the rise.

The plaintiffs in that case claim Facebook broke Illinois state law on the issue of biometric privacy.

The eight justices, who open their 2016 - 17 term on Monday, will hear arguments on Wednesday in the case of an Illinois man, Bassam Salman, who prosecutors said made nearly $ 1.2 million trading on inside information about mergers involving clients of Citigroup Inc, where his brother - in - law worked.

The move came on the heels of the NLRB's case against Browning - Ferris Industries, which resulted in loosened requirements for who can be considered a boss under labor law.

7th US Circuit Court of Appeals nominee Amy Coney Barrett, a Notre Dame law professor, was questioned intensely about her Catholic faith as a result of past writings expressing her beliefs on whether Catholic judges should recuse themselves from death - penalty cases if they believed they would be unable to impartially uphold the law, writing that — in limited situations — judges should step back in cases that conflict with their personal conscience.

There can be statutory or case law exceptions to this kind of assignment, so keep your employment lawyer on speed dial for questions.

(The aforementioned Sherkow, an associate professor at New York Law School, has a great take on the cinematic twists and turns of the case — including some curious legal strategies and the mysterious role of an anonymous third party — at Stanford Law School's infrequent but excellent Law and Biosciences Blog.)

Armstrong's former teammate, Floyd Landis, originally brought the lawsuit in 2010 under a federal law, the False Claims Act, that lets whistle - blowers pursue fraud cases on behalf of the government, and obtain rewards if successful.

Whether an arrest and investigation of an individual who may be violating the law is appropriate is a determination made in individual cases based on the sometimes unique circumstances surrounding those cases, as well as the resources available at the time.»

The judicial system does not track civil cases filed in circuit court by the section of law cited, but he does not remember hearing of any lawsuit based on the disparagement law being filed in circuit court anywhere in South Dakota.

The Philippines brought an arbitration case in 2013 over the South China Sea, eventually lodging 15 claims against China related to the U.N. Convention on the Law of the Sea — a critical piece of international law that both countries have ratifiLaw of the Sea — a critical piece of international law that both countries have ratifilaw that both countries have ratified.

But while the European Commission says the reforms will make it easier for businesses, a conflict between the regulation and another EU directive on e-privacy could mean national telecommunications laws would override some elements of the regulation, meaning in some cases companies would still face complying with 27 different national laws.

As would later be the case with Making a Murderer, Serial inspired a resurgence of interest in a dormant case as fans theorized on the possibility that law enforcement officials had put the wrong person behind bars.

Researchers at the National Institutes of Health want to understand why current dosages of the antidotes are failing in some cases, yet the nationwide law - enforcement crackdown on opioid abuse means they're having a hard time getting permission to get samples of the illegal products they need to study.

By law, the judge assigned to the case, Ruben Castillo, must review and rule on the admissibility of every document requested by Zambada.

The former workers» cases hinged on their argument that the companies had violated clauses of the visa law requiring employers to show that hiring H - 1B workers «will not adversely affect the working conditions» of other workers in similar jobs.

Effective Supply Chain Accountability: Investor Guidance on Implementation of The California Transparency in Supply Chains Act and Beyond identifies good corporate practices to ensure corporate compliance with the law, the business case for compliance, shareholder expectations, and the elements of a comprehensive human rights due diligence framework.

Since this case emerged, Hagens Berman has been on the forefront of this highly specialized realm of law, relying on our legal team's steadfast and intensive investigative skills to unearth additional emissions - cheating schemes by other automakers, staying one step ahead of government regulators in our pursuit of car manufacturers that have violated emissions standards, regulations and consumer confidence.

In the case of the GDPR, the law that's about to be enforced in May, De Mooy said there's a risk of putting too much weight on the shoulders of individual users to figure out what to allow to happen with their data.

But the Nunes memo implies the case was primarily built on the Steele dossier — and points out that it was funded partially by a law firm on behalf of the Hillary Clinton campaign and the Democratic National Committee.

In both cases, Trump acted under a provision of U.S. trade law authorizing global or «safeguard» tariffs, which had not been used since President George W. Bush levied tariffs on imported steel in 2002.

Canadian mortgage laws are much more strict than in the United States — mortgages are full recourse, for example, so Canadian homeowners have a lot more on the line in the case of default than Americans.

A spokeswoman declined to answer a series of direct questions from CNBC about his case, instead providing a statement from Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department's Tax Division: «Bradley Birkenfeld was afforded due process of law and sentenced by a federal district court after full consideration of all relevant facts and circumstances, including his admission that he advised wealthy UBS clients on how to conceal their assets from the U.S. government,» she said.

The Ninth Circuit's holding in First Solar marks its first definitive resolution of the internal conflict in its case law on loss causation.

The district court identified two irreconcilable lines of Ninth Circuit case law on this issue.

AUSTRAC will up the ante in its case against the Commonwealth Bank of Australia, with the transactions regulator expecting to file fresh allegations on Thursday that it breached the law 100 additional times while facilitating banking by criminal syndicates involved in money laundering and terrorist financing.

Cohen Milstein is not just putting one of its key Securities Litigation law partners on this case.

On insider trading, see also «Second Circuit Overturns Newman and Chiasson Convictions, Raising Government's Burden of Proof in Tippee Liability Insider Trading Cases,» The Hedge Fund Law Report, Vol.

Parental consent on many topics (NOT A LAW) 6: Thou shall not kill — NOT UNIQUE TO CHRISTIANITY (long pre-dated it) = > Goes back to the first offspring of humanity or the chosen depending on version 7: Thou shall not commit adultery — huge number of Christians commits adultery by LEGALLY remarrying = > still actionable in various tort and civil cases across America (didn't say it was a law) 8: Thou shall not steal — NOT UNIQUE TO CHRISTIANITY = > many laws on this we are very concerned about our stuff 9: Thou shall not bear false witness — NOT UNIQUE TO CHRISTIANITY = > purgery anyone 10: Thou shalt not covet — NOT A LAW = > stalking laws (Stalking IS a criLAW) 6: Thou shall not kill — NOT UNIQUE TO CHRISTIANITY (long pre-dated it) = > Goes back to the first offspring of humanity or the chosen depending on version 7: Thou shall not commit adultery — huge number of Christians commits adultery by LEGALLY remarrying = > still actionable in various tort and civil cases across America (didn't say it was a law) 8: Thou shall not steal — NOT UNIQUE TO CHRISTIANITY = > many laws on this we are very concerned about our stuff 9: Thou shall not bear false witness — NOT UNIQUE TO CHRISTIANITY = > purgery anyone 10: Thou shalt not covet — NOT A LAW = > stalking laws (Stalking IS a crilaw) 8: Thou shall not steal — NOT UNIQUE TO CHRISTIANITY = > many laws on this we are very concerned about our stuff 9: Thou shall not bear false witness — NOT UNIQUE TO CHRISTIANITY = > purgery anyone 10: Thou shalt not covet — NOT A LAW = > stalking laws (Stalking IS a criLAW = > stalking laws (Stalking IS a crime.