Sentences with phrase «of motions judges»

The Honorable Phyllis A. Kravitch, a senior US circuit judge, speaks to the amount of reading the job requires: «I don't think the average lawyer quite realizes the number of cases that we have, the number of motions judges have....

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.

In allowing the appeal and setting aside the order of the motions judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no application.

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.

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 appellant husband appealed the order of the motion judge striking his pleadings for failure to comply with court orders and allowing the wife to amend her application.

The sons» cross-appeal was also dismissed, with the ONCA finding that the motion judge's order effectively granted the relief they sought, even if the exact language of the motion judge's order was not precisely the declaratory language sought by the sons.

As for the second branch, Justice Harvison Young was not satisfied that the correctness of the motions judge's decision is open to «very serious debate».

In light of those findings the Court of Appeal found that it had «no alternative but to grant the appeal and set aside the declaration of the motion judge that the appellant is liable to the respondent.»

In an unusual case, the Court of Appeal has granted the Appeal brought by the Defendants due to the fact that the inadequacy of the endorsement of the motion judge rendered the Court of Appeal unable to «conduct a meaningful review of his decision.»

«This language simply obliges the parties to follow the OCL's direction in the event of any disagreement about the terms of the motions judge's interim order.»

In confirming the decision of the Motions Judge, the Court of Appeal described the test from Sagaz as a dual inquiry as to whether the new evidence, if presented at trial, would probably have changed the result, and whether the evidence could have been obtained before trial by the exercise of reasonable diligence.

The Court held that the failure on the part of the motion judge to recognize the date on which the limitation period commenced is an error in law.

Turning to the decision of the motion judge on appeal, the Court began by setting out the four elements of the tort of civil fraud (discussed in greater detail in our article on Bruno Appliance and Furniture).

See All in Good Time: No Time Limit on Appraisals Under the Insurance Act for a summary of the motion judge's findings.

The Court of Appeal for Ontario reversed the decision of the motion judge and granted summary judgment for rescission in favour of the franchisee purchaser, Mendoza, based on the disclosure deficiencies in AGR's disclosure document.

The Court of Appeal decision was a sharp rebuke of the decision of the motion judge, Dunphy J., who the Court found to have repeatedly misapplied the test under rule 21, and to have embarked on a flawed approach (at paras 47 - 49):

Pellew is yet another example of an unsuccessful bias appeal, while Hersey deals with the sufficiency of a motion judge's reasons.

In Balice v. Serkeyn, the ONCA, perhaps surprisingly, allowed an appeal of a motion judge's contempt remedy.

In Children's Aid Society of Ottawa v. A.V., the ONCA approved of the motion judge's decision to hear a child protection hearing and a domestic custody hearing simultaneously.

Notably, the ONCA approved of the motion judge's decision to hear both matters at the same time, pointing to Rules 2 (5)(d) and 12 (5) which «impose a duty on the court to deal with cases justly by controlling the process of the case and by dealing with as many aspects of the case as possible on the same occasion.»

As such, the Court of Appeal found the balance of the claim as against Royal Victoria Regional Health Centre should not have been dismissed and amended paragraph two of the Motion Judge's decision.

The Court of Appeal overturned the decision of the motion judge.

These variations are consistent with the spirit of the order of the motion judge, and protective of the legitimate interests of the parties.

In doing so, the Court overturned the decisions of the motion judge and the...

The decision of the motion judge and the reasons of the majority inject a degree of uncertainty into the law.

The decision of the motion judge is set aside.

The court stated that the decision of the motion judge to grant summary judgment was undermined by his misinterpretation of the Limitations Act, 2002, s. 18.

This error qualifies as an overriding error because it permeates the balance of the motion judge's analysis.

The refusal to transfer the proceedings was based on a proper exercise of the motion judge's discretion after he considered the balance of convenience to the parties.

Not exact matches

On Oct. 23, Judge Nance allowed attorneys to question him regarding the impact of Trump's statements, and he ultimately delayed the sentencing until Oct. 25 so he could thoroughly consider the defense motion, the Associated Press reports.

A lawyer for the president, Joanna Hendon, on Sunday filed a motion asking the judge to grant the president the privilege of reviewing the documents first.

Trump's lawyers had filed a motion to prevent her from testifying, according to court documents reviewed by Fortune, but the district judge, Katherine B. Forrest of the Southern District of New York, denied the motion.

The DOJ filed a motion on Friday seeking to compel Apple (aapl) to comply with a judge's order to unlock the encrypted iPhone belonging to one of the San Bernardino shooters, portraying the tech giant's refusal as a «marketing strategy.»

Lawyers for Ailes and Carlson appeared in court in New Jersey as a federal judge sought to plot the course of the lawsuit in the wake of «rapid fire» motions from the parties, include Carlson's motion to block Ailes» attorneys» request for arbitration.

Parties going to trial file motions in limine to exclude certain types of evidence from trial and this is what they did here and the judge decided that those particular pieces of information are not relevant to this case.

Last week, AARP filed an appeal of the Fifth Circuit ruling, while New York, Oregon and California filed a motion asking the court for permission to rehear the case in front of the full panel of judges — known as an en banc review.

The US agency filed a new motion earlier this month, and in a ruling this week, the judge sided with the IRS and decided that Coinbase would have to hand over the personal details of all US citizens with a Coinbase account who bought, sold, sent, or received more than $ 20,000 worth of Bitcoin in a single year during January 1, 2013, and December 31, 2015.

The slow - motion train wreck began with an obscure Tax Court of Canada ruling in 2003, in which the judge sided with insurer State Farm against the Canada Revenue Agency.

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.»

A judge denied Gawker's motion for a new trial and a reduction of the $ 140 million privacy invasion judgment awarded to wrestler Hulk Hogan in March.

U.S. District Judge Barbara M.G. Lynn stated 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.»

On December 4, Judge Brian M. Cogan denied the government's motion to dismiss the case, saying the government's promise of changes to how it will implement the law were not enough to merit dismissal.

Hence the succession is confused with spatial order; the duration of concomitant motions is judged erroneously from the distance covered by the moving bodies without taking into account the differences in speed; and the relation of simultaneity is not disentangled from spatial coincidence.

But according to the motion filed Friday, the appellate court ignored the words of Cook County Circuit Judge Dorothy Kinnaird, who said the state had «virtually no chance of success» in its lawsuit.

Your spouse can make getting a divorce more difficult, prolonging the process, in a number of ways (avoiding service, sending you on wild goose chases for documents and old bank account statements, etc. filing motions that are essentially harassment, etc.), but no Nevada judge is going to force you to stay married to him or her.

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.

In a statement personally signed by the presiding judge, Justice A. M. Liman, the court granted a restraining order on any member of the National Working Committee of the PDP who was removed from office by the Party's National Convention in Port Harcourt from receiving nominations and or submitting names to the Independent National Electoral Commission (INEC) as officers or candidates of the PDP in whatever capacity pending the hearing and determination of the Motion on Notice brought by the Party.