Sentences with phrase «on appeal in a case»

The second question on appeal in the case was: Does Rule 219 (e) prohibit a party from disclosing a new expert witness in a refiled action, who was not disclosed in the original case?

Scotto v. Petch: Re Sedgefield Steeplechase Company (1927) Limited Ref: [2000] 2 BCLC 211 (Lord Hoffmann at first instance); [2001] BCC 889 (Court of Appeal) Acted for the company at first instance and on appeal in a case concerning questions of whether the entry by shareholders into agreements concerning their shares activated pre-emption provisions in the company's Articles of Association.

The Supreme Court of Canada's decision on the appeal in that case is expected shortly.

The trial judge awarded $ 110,077.56 pursuant to a contractual fees clause, an order affirmed on appeal in a case involving basically two parties.

Not exact matches

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.

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.

She's more emblematic of the 1990s than of the 2000s, but remember this: Martha Stewart bet that by not appealing her conviction (for lying to prosecutors, in case you forgot) and by simply getting her five - month prison stretch done with in March 2005, she would minimize the damage to her reputation and quickly get her company back on track.

Biotechnology entrepreneur William Ardrey faces a retrial on fraud charges after Western Australia's Court of Appeal found the jury had been misdirected in the original court case.

Similar kinds of cases are under way in other parts of the country, including a case on appeal in Chicago after a federal judge issued a nationwide injunction barring the government from blocking grant money typically used to help local police combat violent crime and help victims.

Even if Schneiderman does take the case to court, it will probably go through years of appeals through the New York system, with the case going in front of 13 judges who will each have their take on what constitutes gambling.

Parker was acquitted in the rape case more than a decade ago and Celestin had his sexual assault conviction overturned on appeal (a higher court deemed his trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night of heavy drinking.

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.

A New York Court of Appeals is set to hear a case brought by Microsoft in response to a search warrant for emails that are on a server in Ireland.

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..

Despite the fact that at least five of the judges involved in the two appeal court judgements were originally appointed to lower courts by Brian Mulroney's Conservative government, Harper insisted: «It was the government that decided to put the judges on the bench, the government that decided not to appeal, the government that decided to lose the case and the government that decided not to come back to Parliament.

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.

A U.S. appeals court vacated the conviction of former Jefferies Group trader Jesse Litvak, the latest turn in a case that has spanned more than five years and helped usher in changes to sales tactics on Wall Street.

The provincial government filed a reference case Thursday in the B.C. Court of Appeal asking whether amendments it is proposing to the Environmental Management Act are valid and if they give the province the authority to control the shipment of heavy oils based on the impact spills could have on the environment, human health or communities.

Qualcomm has appealed the South Korean fine in court and contends the FTC's case, which was filed in the waning days of the Obama administration, is based on a flawed legal theory and fails to show harm.

An appeals court in Georgia on Monday affirmed a lower court's denial of Coinbase's appeal of the case, which blames the company for failing to stop Cryptsy's -LSB-...]

He has been instrumental in some of the Firm's biggest successes, such as In re Comverse Technology, Inc., in which Pomerantz obtained one of the largest recoveries for shareholders from an individual; and In re Chesapeake Shareholder Derivative Litig., which came to fruition thanks to Mr. Gross» diligence in pressing for the case to be heard on appeain some of the Firm's biggest successes, such as In re Comverse Technology, Inc., in which Pomerantz obtained one of the largest recoveries for shareholders from an individual; and In re Chesapeake Shareholder Derivative Litig., which came to fruition thanks to Mr. Gross» diligence in pressing for the case to be heard on appeaIn re Comverse Technology, Inc., in which Pomerantz obtained one of the largest recoveries for shareholders from an individual; and In re Chesapeake Shareholder Derivative Litig., which came to fruition thanks to Mr. Gross» diligence in pressing for the case to be heard on appeain which Pomerantz obtained one of the largest recoveries for shareholders from an individual; and In re Chesapeake Shareholder Derivative Litig., which came to fruition thanks to Mr. Gross» diligence in pressing for the case to be heard on appeaIn re Chesapeake Shareholder Derivative Litig., which came to fruition thanks to Mr. Gross» diligence in pressing for the case to be heard on appeain pressing for the case to be heard on appeal.

Update (Jan. 16): Pakistan's Supreme Court has dismissed a final appeal in against Rimsha Masih in her blasphemy case, effectively ending all legal proceedings on the issue.

The political use of Hindutva has survived several court cases, most notably a major one in 1995 brought by those who felt that its allure was primarily religious in nature and hence violated India's constitution, which prohibits candidates from appealing to voters exclusively on religious grounds.

On January 20, a federal appeals court heard arguments in the highly publicized case of Kimberly Jean «Kim» Davis, county clerk of Rowan County (population 23,000) in mountainous northeastern Kentucky.

There are many different kinds of experiences we could appeal to and analyze in connection with this first line of criticism — let me assume that I have made my position clear enough for the reader to go on and work out the kind of analysis I would provide in each of these cases.

Here again I appeal to Susanne Langer's evidence, which consists largely in noting cases of irrational fear on the part of chimpanzees, fear that can not be explained either by instinct or by learning.

But by the time Brandeis memorialized his arguments in his famous dissent in Olmstead v. United States, the first wiretap case, the focus on factual circumstances has disappeared, replaced by a broader appeal to constitutional «values»:

There is literally no way that anyone can prove that anyone who claims to be acting on God's commands isn't — you can't even appeal to the Bible to tell you it must be wrong because god said in there not to do it, because even on the Bible he routinely commands people to do things in specific cases that are otherwise forbidden.

On the other hand, I would concur with James Felt that the thesis has a prima facie appeal to it because in that case one would be able to consider «the perceptual unities of ordinary experience as ontological unities» (PS 10:59).

Thus males, whose performance is unpredictable and who are in any case secondary attractions for the heterosexual audience of the films, earn far less money than female porn stars, whose appeal is largely visual and whose standard of performance can be counted on.

Time and again he rests his case against Hartshorne on appeals like the following: «In my personal, noninstantaneous direct experience, I do not find that I am a succession of units.

Scalia insists repeatedly that malleable judicial standards» reflected not only in the Court's appeals to evolving social norms, foreign courts, and living documents, but also, in some cases, in its reliance on authorial intent» give the Court carte blanche to impose its arbitrary will.

Three members of the 5th U.S. Circuit Court of Appeals will hear arguments on Thursday (June 7) in the case of the monks of St. Joseph Abbey versus Louisiana funeral homes.

A judge set to hear the cases of four Christians appealing against prison sentences in Iran appears on a UK government blacklist.

ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»

This identical question was recently presented and passed on by the Circuit Court of Appeals for this Circuit in the case of McIlhenny v. Gaidry (1918), 253 Fed.

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 - marIn 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 - marin 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.

Lucky for us all, I have a fair amount of doughnut recipes on the blog to choose from (feel free to look through the doughnut tag and pick your favorite), but just in case none of those appeal to you, I have these Baked Chocolate Circus Doughnuts at your disposal.

While an appeal case will likely be launched in the event that Conte is found guilty, it is expected that this matter could rumble on for some time which would undoubtedly act as a disruption to his plans for the Azzurri in France this summer.

Jones cited an ESPN Radio interview that Birch gave, saying «we are bound in large part by precedent in prior cases, decisions that have been heard on appeal in the past, and notions of fairness and appropriateness.»

While the second is technically true, it should be pointed out that defense lawyers have, for years, intentionally run up the cost to the state by presenting multiple appeals, even based on little to no actual legal cause, in order to drive up the cost of death penalty cases.

She did so in the O'Bannon case, stipulating that colleges would be authorized to pay athletes up to $ 5,000 per year for use of their names, images and likenesses (this remedy was vacated on appeal).

Fifa initially ruled on the case in January, but the appeals meant both clubs could sign players this summer.

However, on Tuesday, France's highest court for judicial matters, the Court of Cassation, ruled an undercover police officer's actions in the case had been unlawful, and ordered the Paris Court of Appeal to look again at the investigation's validity.

Lionel Messi will go on trial on a charge of tax evasion, after a magistrate on Friday dismissed his appeal against being named in the case...

He litigated major law reform and class action cases in the federal court of appeals and Supreme Court on Social Security, Medicaid, Aid to Families with Dependent Children, SNAP / Food Stamps and other public benefits issues, and the rights of children born out of wedlock.

According to Mumuni, the Bank Access to Information Committee (AIC) in its Decision on appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor denied.