Sentences with phrase «of trial court judgments»

For me this is still a bit of a head scratcher: the engineering is highly sophisticated but the coverage is so spotty as to make it of small use in many cases; certainly someone in Ontario, for example, is unlikely to get much joy from it, given the absence of trial court judgments.

Not exact matches

Following the review's publication, Bishop Peter Hancock, the Church of England's lead safeguarding bishop, said: «At the heart of this case was a judgment, on the balance of probabilities, as to whether, in the event that her claim for compensation reached trial, a court would have concluded that Carol was abused by Bishop Bell.

«Paraclete» is a forensic term for the lawyer or counselor who acts for a client on trial.43 Accordingly, the Paraclete was the one who stood up in Jewish court for the disciples under accusation and threat of judgment.

Federal Court of Australia (1996 - 2016) Australian Competition Tribunal Key judgments: C7 (2009), Rural Press (trial)

Former Attorney General, Betty Mould Iddrisu has been blamed for failure of the Attorney General's department and trial court to prevent the unlawful payment of controversial GHC 51 million judgment debt to businessman Alfred Agebsi Woyome.

«The issue before the trial court was whether the 1st respondent (PDP) can rubbish the judgment / order of the court for whatever reason and set up a caretaker committee, other claims notwithstanding.

Following the lead judgment taken by Justice Walter Samuel Onnoghen, which held that the CCT was properly constituted to exercise jurisdiction over Saraki's trial, Saraki through his Special Adviser on (Media and Publicity), Yusuph Olaniyonu said «after listening to the ruling of the Supreme Court in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his apCourt in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his apcourt in the country on the six grounds of his appeal.

Ologunorisa further informed the court that the copy of the Supreme Court judgment had been forwarded to the trial court for the «avoidance of doubt&racourt that the copy of the Supreme Court judgment had been forwarded to the trial court for the «avoidance of doubt&raCourt judgment had been forwarded to the trial court for the «avoidance of doubt&racourt for the «avoidance of doubt».

A seven - man bench led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, had on December 4, 2015, fixed Friday for judgment after entertaining arguments on an appeal by Saraki, with the Federal Government urging the apex court to dismiss the Senate President's case and allow the trial before the CCT to continue.

Dissatisfied with the judgment of the trial court, Aminu filed an appeal at the Court of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower ccourt, Aminu filed an appeal at the Court of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower cCourt of Appeal, Kaduna Division, praying the Appellate court to set aside the judgment of the lower ccourt to set aside the judgment of the lower courtcourt.

There had been a rush to judgment at the time of the trial which had the boys tried and convicted in the court of public opinion by everyone from Mayor Koch to Donald Trump who called for the death penalty in a full page ad in the New York Times.

«The court cites no legal authority for any of its breathtakingly sweeping orders requiring the State to, in effect, change numerous key educational policies so that they will be, in the trial court's judgment, «rationally, substantially, and verifiably» connected with educational need,» it says.

In addition, at any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered.

Denying request for summary judgment, the Los Angeles Superior Court gave Activision the green light to go to trial with its $ 400 million contract interference lawsuit against Electronic Arts over Call of Duty creators Jason West and Vince Zampella.

After summarising the CJEU's decision, the judgment notes that the response of the EU Court will be «of great utility» in determining the absolute content of the fundamental right to a fair trial as protected by the Constitution.

First, the Court mentions the ECtHR judgment in Sejdovic v. Italy (§ 82 et seq.), where the Grand Chamber explained that there is no violation of Article 6 ECHR if the person freely and unequivocally waives the right to be physically present at the hearing and is defended by counsel at trial.

Sienkowski's motion to vacate the judgment and for a new trial based on this information was denied, leading to an appeal to the Court of Appeals of Indiana.

58 It is apparent, furthermore, from the case - law of the European Court of Human Rights that the right to a fair trial, guaranteed by Article 6 (1) of the European Convention on Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 - VI).

In STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case law.

Lightfoot appealed both the new trial order and the trial court's denial of its motions for judgment as a matter of law.

In 2009 the Federal Courts Rules were amended to expand the availability of summary judgment and summary trial options.

In a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor ofCourt agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor ofcourt for entry of judgment as a matter of law in favor of CNH.

Post-trial motion work to ensure relevant issues and documents are included in the official record of the trial court, including motions for new trial and motion for judgment notwithstanding the verdict

Each of the lawyers at Rosenbaum & Wootton, P.C. have experience in jury trials, court trials, alternative dispute resolution, and the procedures required to present your case and obtain a favorable judgment.

It also noted that trial and appellate courts were «not entirely powerless» because a judgment may be vacated if «there is no evidence to support the jury's decision,» and because «appellate review is available to test the sufficiency of the jury instructions.»

The trial court subsequently entered summary judgment in favor of the defendant dismissing plaintiff's complaint with prejudice.

In this role Carrie also coordinates and drafts summary judgment motions and motions in limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representatives.

The case was hardly frivolous, with the appellate court frowning on the trial judge's finding of lack of merit based on plaintiff simply approving a form of judgment so saying — this was hardly an admission.

In reasons for judgment released today, the BC Court of Appeal overturned the order of a Master denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an adjournment of an impending trial.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

In particular circumstances a person may request that the trial court modify the judgment of dissolution after it has been entered.

Appeals judges generally resist overruling trial court judgments, instead, preferring to give trial judges the benefit of any doubt.

Following trial in December 2007, the federal district court on January 16, 2008 awarded judgment to Judge Kendall, held the Commission lacked authority to remove members of the judiciary, and permanently enjoined the Commission from proceeding against Judge Kendall.

As a result, the court reversed the $ 2 million judgment and remanded the case back to the trial court for entry of judgment notwithstanding the verdict in favor of our client.

After reserving its decision for ten months, the Supreme Court of Canada upheld the trial judgment — in part.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

Even if the other party appeals, if you want to appeal parts of the trial court's or agency's final judgment, you need to file your own notice of appeal.

In reasons for judgment released this week, the Court of Appeal in Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury notice.

The appellate court agreed with the brothers that the trial court erred in entering summary judgment based on its finding that concrete is not defective after finding that «the caustic properties of concrete are common knowledge and not subject to liability.»

In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Mart.

The Court of Appeal upheld a judgment in the trial of L.B., who killed two of her children.

The risks of predicting a trial court judgment are compounded if the claim goes on appeal where appeal court judges frequently place an importance on facts not regarded as important by the trial judge.

It was thought that it was contrary to this spirit of «full faith and credit» (in Morguard's words, sort of) and administrative simplicity to allow defendants to wait in the bushes while the original court held a trial — even in default of appearance — and then attack jurisdiction only when the judgment came to be enforced in a place where the defendant had assets.

The Court of Appeal in Combined Air was quite clear that the Rule 20 changes were never intended to dispose of trials altogether, and they expressed the concern that summary judgment motions would be used to create unnecessary delays and add wasted costs for matters which would ultimately be set down for trial regardless.

The Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofCourt recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofcourt's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofcourt to enter judgment in favor of the defendant as a matter of law.

The judgment of dismissal carried enough jurisdiction, so to speak, so that the award of costs was a proper incident to the trial court's power to adjudge the jurisdictional defense in the first instance.

Thus, the trial court granted summary judgment in favor of the plaintiff.

In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.

Appellant, Heather Reffaie, challenges the trial court's final judgment, which found her eighty percent comparatively negligent for her slip and fall at a Wal - Mart store, and the trial court's denial of her motion for new trial.

The trial court agreed and granted summary judgment in favor of the water company.