Sentences with phrase «one's prior ruling»

Even this whimsical image suggests, however that capitalism depends upon prior rules of what is acceptable and what is not.

The state court's Appellate Division on Nov. 15 denied the UFT's motion for leave to appeal the court's prior ruling on the public release of Teacher Data Reports.

«It was a grandfathering for projects that were already in the works» and would have qualified for 421a under prior rules, he said, adding, «it's just basic fairness.»

Gregory Tucker, of Owen Bird Law Corp. in Vancouver, who acted for the respondent Glacier Resorts, found the decision «consistent with prior rulings of the court.

If you bought or sold cryptocurrencies in 2017 — or if you've thus far failed to report your cryptocurrency investments from prior rules — it's a good idea to discuss your investments with a CPA that understands the ins - and - outs of cryptocurrency tax policies Thankfully, Happy Tax offers tax advice and planning services specifically focused on cryptocurrency investments.

Most of Hanen's prior ruling withstood a challenge in the Supreme Court on a four - to - four split of the Justices nearly two years ago.

Judge Carlos Lucero, in a partial dissent, argued against such immunity: «The notion that a device manufacturer is immune from liability for harm caused by its device when the manufacturer has pushed the device for a use that the [U.S. Food and Drug Administration] never approved is neither logical nor consistent with the Supreme Court's prior rulings about the scope of preemption of claims arising from harm caused by medical devices.»

I don't see that Federal Court would be an option, based upon the Rooker - Feldman doctrine, unless there could be the argument that the case SHOULD be ongoing because of the exact prior rulings the 2DCA ignored.

The scenario is — When a Florida Appellate court issues a PCA without opinion, against their own prior rulings, what are the options?

The new announcements are the latest indication that China's central bank, the People's Bank of China (PBOC), may be following through on its decision to more actively enforce prior rulings related to how domestic financial service providers can interact with the bitcoin exchanges.

In a 2012 case, Gorsuch vehemently urged his colleagues to review a prior ruling that was cited as precedent in upholding a defendant's firearm conviction.

Bensten noted on the call the «strong bipartisan opposition» to the prior rule issued by DOL in 2010, stating that he believes «there is still a bipartisan» opposition to the direction DOL will take with its new plan.

In a brief yet unequivocal per curiam opinion, the Ninth Circuit affirmed the district court's holding, and so upheld its prior rulings in Daou, Berson and Nuveen.

I don't fault the prior ruling, but, currently, law - enforcement people tell me to worry about drugs and gambling.

Lawyers representing the EHRC called for BNP leader Nick Griffin to be found guilty of contempt for failing to comply with the prior ruling to remove clauses that might be considered racist from the constitution.

Attorneys on both sides have argued that prior rulings by New York's Court of Appeals, which lay the foundation for the state laws that apply in the federal case, break in their favor.

But inside the administrative offices for the San Diego Unified School District word has gone out that the prior rules for working with schools no longer apply.

The prior rules for KU were creating unintended consequences.

The passing threshold for the discretionary income rate is set at 20 percent, based on research conducted by economists Sandy Baum and Saul Schwartz, which the Department previously considered in connection with the 2011 Prior Rule.

The regulations apply the same 10 -, 15 -, 20 - year amortization periods by credential level as under the 2011 Prior Rule.

As we noted in the preamble to the 2011 Prior Rule, an educational program generating large numbers of borrowers in financial distress raises troubling questions about the affordability of those debts.

According to a prior ruling of the Ninth Circuit Appeals Court, when two unmarried people buy a home together, they can combine their limits and deduct the mortgage interest on debt up to $ 1.5 million.

The new federal rules double the approach distance to 200 yards, superceding the prior rule of 100 yards set by Washington state law.

All these changes will keep intellectual property lawyers and their clients busy in 2015 dealing with rights granted or pending under the prior rules, and new applications and granted rights under the new regimes.

The General Court held: «for the sake of the economy of procedure, the applicants» claim for annulment should be considered first, without a prior ruling on the admissibility of the action» (Case T - 526 / 10, Inuit Tapiriit Kanatami II, EU: T: 2013:215, para. 21).

Though I might dispute characterizing the Kimbrough ruling as «extension» of Booker, it is encouraging to see the Ninth Circuit correct its prior ruling here.

An experienced workers compensation lawyer will know about the Deputy Commissioner assigned to hear your claim and will have a good idea of what they are looking for to prove your claim based on the Commissioner's background and prior rulings they have made.

Rubio's argued that the recusal negated the validity of the portion of the order vacating the prior ruling.

Now that three circuits have reviewed their prior rulings on this topic, and two of them have reversed course, expect most other circuits to also reexamine their prior decisions.

«As with the prior ruling, the threshold on a pleadings motion is low and much discretion is given to the judge hearing such a motion,» wrote Warkentin.

The firm said these decisions are significant because one judge vacated his prior ruling in the same case that had denied a substantively similar motion to dismiss, and the other judge had previously denied a similar motion to dismiss in a different case.

The Arizona Court of Appeals distinguished its prior ruling in the Kingsberry v. Kinsberry case in this appeal.

Although the Court acknowledged that the Bruotte rule was questionable, the Court rested its decision on stare decisis, the doctrine that cautions a court generally to adhere to its prior rulings.

It is important to emphasize that the prior rules will apply to already - existing divorces and separations as well as divorces and separations that are finalized before 2019, even if those agreements are legally modified after January 1, 2019.

Because clients recognize the distinctive skills of our appellate attorneys and personalized client service, parties to litigation seek out Colson Hicks Eidson to secure reversals of prior rulings, defend successful verdicts, and develop strategies for favorable settlements.

This was partly a codification of prior rulings but also reflected a more legislative than case - by - case approach to rule - making.

It may be that the Court of Appeal wishes to clarify its prior ruling — for example, by promulgating a new test for these types of cases.

The Board departed from these prior rulings in AIM and held that its jurisdiction was not so limited.

In 23 years practicing under the prior rule, I only had three cases in which a motion for discovery was contested.

Trump's executive order is likely to result in new regulations that would roll back the 2016 regulation and reinstate the prior rule that allowed short - term plans to have durations of up to 364 days.

The Supreme Court of Canada affirmed those prior rulings.

In 1978 the courts ruled in favor of the associations but later on appeal in 1980 the prior ruling was overturned.