Sentences with phrase «on objective reasonableness»

The Court found that the Second Circuit's test was effectively a presumption against granting fees by focusing solely on objective reasonableness, a much too rigid test requiring a «redo» by the district judge.

And for more on the objective reasonableness requirement see my interview with Melanie Bueckert here:

This suggests that cases examining applications for attorney's fees in patent cases may also follow the Court's decision in Kirtsaeng and place special importance on the objective reasonableness of a losing party's litigation position.

Not exact matches

F.W. Cook also advises the HRC on the reasonableness of compensation levels in comparison with those of the Peer Group, and on the appropriateness of compensation program structure in supporting the Company's business objectives.

[6] The reasonableness analysis centres on proportionality, to ensure that a decision interferes with the relevant Charter guarantee «no more than is necessary given the statutory objectives».

Information regarding possible apportionment of the blame, especially including attorney - client privileged communications, is not discoverable by a party seeking to impose sanctions on an opponent or opposing lawyer under § 8.01 - 271.1 in light of the objective standard of reasonableness.

In such a case, although the test of reasonableness is objective, the justices must consider any explanation offered by the defendant, for example, why veterinary attention was not sought, when considering whether the defendant acted reasonably or unreasonably (see R (on the application of RSPCA) v C [2006] EWHC 1069 (Admin), [2006] All ER (D) 299 (Mar)-RRB-.

On balance, the totality of the circumstances support the objective reasonableness of the accused's subjective expectation of privacy.