Sentences with phrase «on judgments of courts»

In a case similar to the Gaidry case, New Iberia Extract Co. v. McIlhenny Sons, the New Iberia Company had recently recovered damages against McIlhenny Sons in the Supreme Court of Louisiana, on a similar cause of action, New Iberia Extract Co. v. E. McIlhenny, 182 La. 150 [8 T. M. Rep. 189], the decision having been based largely on the judgment of the Court of Appeals for the District of Columbia, cancelling the Mcllhenny Company registration of «Tabasco» as its trade - mark.

He relies on the judgment of this court in Martin v. Listowel Memorial Hospital 2000 CanLII 16947 (ON CA), (2000), 51 O.R. (3d) 384 (C.A.) where, at para. 32, the court said that «there is no basis in s. 1 [of the Negligence Act] or anywhere in the Act for a judge to attribute a portion of fault to a non-party.»

Reliance is placed on the judgment of this court in case of HSBC Vs. Avital (supra).

Not exact matches

And while there is no legal requirement that underwriters like Mr. Thiel reveal their involvement to the opposing side or the jury, it is considered fair game for lawyers to ask questions about financial backing — something that Gawker Media did on Wednesday in court as part of its efforts to overturn the Hogan judgment.

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An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

But in the wake of the court judgment these were only being renewed on a temporary basis while the agency worked on a solution to the processes that had been ruled illegal.

Now that some time has passed since the surprising Supreme Court of Canada decision in the Comeau case, it's worth reflecting on some of the concepts enunciated in that judgment in upholding New Brunswick's ban on cross-border beer imports.

The Recording Industry of America on Monday urged a federal appeals court to reconsider a recent decision upholding a $ 5.3 million judgment against Robin Thicke and Pharrell Williams for copying a Marvin Gaye song to create their 2013 smash «Blurred Lines.»

On appeal, the U.S. Supreme Court affirmed the Missouri judgment but drew up far short of recognizing a right of individual patient autonomy.

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.

Ireland's highest court will deliver judgment later on a landmark case on the rights of the unborn.

In those cases the court deferred to the judgment of the Air Force that the free - exercise claim of a Jewish officer who wore his yarmulke on duty could not be accommodated; it deferred to the judgment of correctional authorities that the free - exercise claim of a Black Muslim to attend Friday afternoon religious services could not be accommodated; it deferred to the judgment of the Department of Agriculture's Forest Service that building a logging road through a national forest was necessary despite the damage to religious practices of Native American tribes in that area; it deferred to the Internal Revenue Service's ruling that Bob Jones University was not entitled to tax exemption because of its religiously motivated rule against interracial dating and marriage on campus; it deferred to the judgment of the secretary of labor that a religious community must pay its members the minimum wage for work they performed in the group's business although the members said they had religious objections to being paid for their work.

In 1914 the Tennessee Supreme Court reversed, however, resting its judgment heavily on the fact that the church had never validated its patronage by any significant financial subsidy (university lawyers pointed out that the church had expended more on the lawsuit than it had contributed to the university before the controversy had arisen) and that during the first three decades of Vanderbilt's existence they had never asserted their supervisory powers.

(The God of many men is little more than their court of appeal against the damnatory judgment passed on their failures by the opinion of this world.

As Jana Bennett has pointed out, the judgment of Charlie's physicians, his hospital, and the court was focused primarily on Charlie's mental disability.

The British Court of Appeal determined that her refusal amounted to discrimination and found that she offended gay colleagues in the office with her refusal; in addition to that, in the court's judgment, Ladele's views on marriage are not «a core part of her religion.&rCourt of Appeal determined that her refusal amounted to discrimination and found that she offended gay colleagues in the office with her refusal; in addition to that, in the court's judgment, Ladele's views on marriage are not «a core part of her religion.&rcourt's judgment, Ladele's views on marriage are not «a core part of her religion.»

In precisely the same way, the justices could press counsel to get clear on the principled lines of a judgment that would confer the right to marriage on couples of the same - sex, while barring the extension of marriage to all of these other ensembles, who will be in the courts before long, demanding to know why they too are not eligible for the same constitutional rights.

Again Jesus moves from the overt act which a court of law might pass judgment on, to the inner disposition.

The opinions collected here» some dissenting from the majority of the Court, others concurring in judgment but rejecting the majority's reasoning» show how Scalia applies his textualism to these issues, and how it differs from competing theories of interpretation, most notably the «living Constitution» view favored by many on the left and the varieties of intentionalism favored by many conservatives and moderates.

«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.

The Full Federal Court (comprising Justice Besanko, Justice Perram and Justice Robertson) handed down its judgment on the appeals by ACCC and Crownbet against the decision of the Australian Competition Tribunal in relation to the Tatts / Tabcorp merger authorisation.

Tuesday 2.30 pm - Sir Nicolas Bratza, President of the European Court of Human Rights and Erik Fribergh, Registrar of the Court, speak in front of the Joint Committee on Human Rights on the subject «Human Rights Judgments.

«We also seize this opportunity to call on the government of President Muhammadu Buhari to immediately obey the judgment by Honourable Justice Mohammed Idris of the Federal High Court, Lagos which ordered publication of the spending of recovered stolen funds by the governments of former President Olusegun Obasanjo, former PresidentUmaru Musa Yar» Adua, and former President Goodluck Jonathan.»

Akwa Ibom State All Progressives Congress (APC) and its governorship candidate in the April 11 gubernatorial election, Mr Umana Okon Umana, has approached the Appellate Court in Abuja on Friday, to file an appeal challenging the judgment of the state Governorship Election Petition Tribunal on the poll.

The Supreme Court in a bid to give further interpretation to its May 5 judgment on the controversy regarding the voters» register, has directed the EC to furnish it with a «comprehensive» list of all persons who registered with the NHIS cards.

Provisions of infrastructures in universities and payment of salary shortfall being owed members, implementation of the National Industrial Court judgment on university staff schools, registration of NUPEMCO.

As we say in Ghana, «they insulted me well well» for daring to say that everyone was entitled to comment on, even criticise a judgment of our courts.

While it will now be more likely that the justices will divide evenly on difficult cases, Justice Kennedy will remain the swing vote, providing a fifth vote for a majority of progressive justices (Ginsburg, Breyer, Sotomayor and Kagan), and remaining with the conservatives (Thomas, Roberts and Alito) in tie votes, which will leave the lower court's judgment in place and will not operate as binding precedent on lower courts.

In an appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An order staying further proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.»

The Chief Justice of Nigeria, CJN, recently made remarks over disturbing conflicting tribunals and Appeal Court judgments on the use of the card reader.

Recall that the Kogi State High Court sitting in Lokoja had delivered a judgment on the 29th of June, 2017 in which it invalidated the suspension of the embattled lawmaker.

More disturbing, are the conflicting judgments of the various Divisions of the Appeal Court on the use and status of the card reader.

The governor, who said there was nothing wrong with the legal system in Nigeria, added that «in recent times, politicians like President Buhari are the ones responsible for the rot in the judiciary because of their desperation to use the courts to foist one party state on Nigerians with conflicting judgments from election tribunals.»

The Supreme Court sitting in Abuja on Thursday has slated February 26, 2016 for judgment in the appeal filed by the General Overseer of the Christian Praying Assembly, Rev. Chukwuemeka Ezeugo, a.k.a Reverend King challenging the judgement of a Lagos High Court sentencing him to death by hanging.

«It is dangerously unbecoming of a Cabinet minister to misrepresent court judgments - especially where her own department conceded this case on appeal.»

«We strongly belief that President Buhari, must be seen to be acting contrary to court decisions on the use of Military during elections as clearly stated in the rulings of Justice Aikawa of the Federal High Court, who in his judgment, restrained the President and Commander - in - Chief of the Armed Forces of the Federal Republic of Nigeria and INEC from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the Act of the National Assecourt decisions on the use of Military during elections as clearly stated in the rulings of Justice Aikawa of the Federal High Court, who in his judgment, restrained the President and Commander - in - Chief of the Armed Forces of the Federal Republic of Nigeria and INEC from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the Act of the National AsseCourt, who in his judgment, restrained the President and Commander - in - Chief of the Armed Forces of the Federal Republic of Nigeria and INEC from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the Act of the National Assembly.

On 26th July 2016, the court adopted the terms of settlement signed by the parties as the judgment of the court and ordered the parties to abide by the terms of the consent judgment.

While delivering its judgment, the US court of appeals on Monday dismissed the complaint and upheld the ruling of the lower court.

Businessman, Alfred Agbesi Woyome has filed a fresh case at the African Court on Human and People's Rights after expressing dissatisfaction about the ruling of the International Chamber of Commerce on the GHc 51 million judgment debt paid wrongfully to him by the government of Ghana.

Nearly half of the judgments in which the Court found a violation included a violation of Article 6, whether on account of the fairness or the length of the proceedings.

The Court, in a judgment on a suit with reference number FHC / L / CS / 1098/07 filed by fishermen operating in Eti - Osa Local Government Area of the State, held that the National Inland Waterways Authority (NIWA) lacked the Constitutional power to regulate inland waterways within the State.

On 9th April 1999 I wrote a memorandum to the Attorney - General, Dr. Obed Asamoah, on Delta Foods Ltd after the Solicitor - General, Mr. E. A. Addo, had submitted a memorandum through me to the Attorney - General on how the mess in Delta Foods Ltd was created and a consent judgment entered in the High Court without the knowledge and involvement of the Attorney - GeneraOn 9th April 1999 I wrote a memorandum to the Attorney - General, Dr. Obed Asamoah, on Delta Foods Ltd after the Solicitor - General, Mr. E. A. Addo, had submitted a memorandum through me to the Attorney - General on how the mess in Delta Foods Ltd was created and a consent judgment entered in the High Court without the knowledge and involvement of the Attorney - Generaon Delta Foods Ltd after the Solicitor - General, Mr. E. A. Addo, had submitted a memorandum through me to the Attorney - General on how the mess in Delta Foods Ltd was created and a consent judgment entered in the High Court without the knowledge and involvement of the Attorney - Generaon how the mess in Delta Foods Ltd was created and a consent judgment entered in the High Court without the knowledge and involvement of the Attorney - General.

This agreement was part of the resolution reached by the Federal Government and other parties in a suit filed on behalf of the victims and adopted on Monday by the Community Court of the Economic Community of West African States in Abuja as its judgment.

The form 48 contempt suit was filed at the Federal High Court, Lagos last week by SERAP executive director Adetokunbo Mumui «following the service on Mr Malami and Alhaji Idris of the certified true copy of the judgment of 24 March 2016 by Justice Muhammed Idris.»

The Supreme Court has fixed Feb. 9 to deliver judgment on appeals of no - case - submissions brought to it by the former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh.

Justice Agim also held that the judgment of the Lagos Division of the Federal High Court delivered on February 18, 2013 in favour of Ubah and his company had since 2015 been set aside by the Court of Appeal, Lagos, in 2015.

«Finally, you are to please ensure that the judgment you pass on the accused person will stand the test of appellate court, public opinion and above all, that of the Almighty Creator.