Sentences with phrase «parties in a case agree»

Court settlement awards come about when parties in a case agree that as part of the settlement one party will make a specified dollar contribution to a specific charity and the court approves the settlement.

This is when the parties in the case agree that no matter what the outcome of a case, defendant will pay a minimum amount — but no more than an agreed - upon maximum amount.

An agreed or uncontested modification case is uncontested when you and the other parties in your case agree (no one is contesting) to change terms in a previous order about custody, visitation, or child support.

Not exact matches

«We've considered this case closed for a long time, and we're pleased to see the other party now agrees,» Facebook said in a statement.

District Judge Barbara M.G. Lynn agreed June 27 to allow the three lawsuits against DOL's rule that are pending in the state to be consolidated, and both parties filed a motion asking that the judge render a decision in the case as soon as October.

In the case of a mutually (UK - Scotland) agreed independence, I do not know of any Spanish political party having issues with an independent Scotland joining the EU.

In addition, the BHA and RISC are pleased to announce that the trial will definitely go ahead, after the opposing parties in the case — the London Borough of Richmond upon Thames and the Secretary of State for Education — agreed to the BHA and RISC's request for a protective costs ordeIn addition, the BHA and RISC are pleased to announce that the trial will definitely go ahead, after the opposing parties in the case — the London Borough of Richmond upon Thames and the Secretary of State for Education — agreed to the BHA and RISC's request for a protective costs ordein the case — the London Borough of Richmond upon Thames and the Secretary of State for Education — agreed to the BHA and RISC's request for a protective costs order.

They also point to a never before released 2012 letter from lawyer David Brown to a party official — obtained by the Daily News — which indicates Adler made up his mind two years ago that crimes had been committed and was threatening to expand his probe unless the party agreed to a settlement in the Rose case.

On how to criminalise such attacks, the parties agreed to «evolves legislative instruments such as hate crime laws to promote tenets of solidarity, support and protection for Nigerians living in (The Diaspora) towards finding lasting solutions to the crisis in South Africa and other similar cases.»

* except in the case of «Automatic election», where a party does not get any constituency MPs elected but still manages to get enough Party votes to exceed the agreed thresparty does not get any constituency MPs elected but still manages to get enough Party votes to exceed the agreed thresParty votes to exceed the agreed threshold.

«Both parties agreed that in order to pursue genuine reconciliation, nobody should pursue the case again at Supreme Court.

Both parties» ministers shared collective responsibility for the government's positions, although the coalition agreement detailed several issues on which the parties agreed to differ; the Liberal Democrats abstained from voting in such cases.

Other veteran lawmakers were beginning to realize the true meaning of the extender: deals that had been previously agreed to could now be re-opened, especially if one party — in this case the governor — found it in his benefit to hold out.

It shall be a routine use of records in this system to disclose them in proceedings before any court or adjudicative or administrative body before which DOT or any agency thereof, appears, when (a) DOT, or any agency thereof, or (b) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her official capacity, or (c) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her individual capacity where DOT has agreed to represent the employee, or (d) The United States or any agency thereof, where DOT determines that the proceeding is likely to affect the United States, is a party to the proceeding or has an interest in such proceeding, and DOT determines that use of such records is relevant and necessary in the proceeding, provided, however, that in each case, DOT determines that disclosure of the records in the proceeding is a use of the information contained in the records that is compatible with the purpose for which the records were collected.

In many cases, the federal authorities wind up settling for what is known as a «consent decree,» in which the parties involved agree to refrain from behaving in certain ways and / or pay fines, etcIn many cases, the federal authorities wind up settling for what is known as a «consent decree,» in which the parties involved agree to refrain from behaving in certain ways and / or pay fines, etcin which the parties involved agree to refrain from behaving in certain ways and / or pay fines, etcin certain ways and / or pay fines, etc..

A brief notice filed September 14 showed the case against Author Solutions in Indiana was voluntarily dismissed, with prejudice, with the parties agreeing to end litigation and to pay their own costs and attorney fees.

Cote reminded Snyder that all parties in the case had agreed to hear her «tentative views» before the trial began.

In the case of a mortgage loan, the current borrower and the third party willing to assume the loan as well as the lender must all agree to novation of the loan.

In that case, it can not really be helped because both parties agreed to change the game's formula.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

In such cases the third party agrees prior to the auction to place an irrevocable written bid on the lot.

But Hawken does not agree, and he's gathered an impressive stable of allies — researchers, modelers, and in Tom Steyer, who wrote the foreword, a key next - generation California philanthropist, political activist, and major donor to the Democratic Party — to help him make his case.

I'm pretty sure the parties just agreed that the petit assault case against the defendant would be dismissed if the victim could slap him once in the face.

So the case is not completely analogous to arbitration, in which the parties clearly can agree to confer jurisdiction over their dispute to the Tribunal.

[26] In a case such as this, the essence of the complaint is not that the reasons are functionally insufficient — the parties agree that on their face, the reasons explain what was decided and provide a basis for appellate review — but rather that the judge's wholesale incorporation of the material of others shows that he did not put his mind to the issues and decide them impartially.

In most cases, what this doctor finds will carry considerable weight with a workers compensation judge because both parties agreed to this doctor.

When you and your spouse can not agree, and this is generally the case in all divorces, mediation is a forum where conflict can be resolved with the help of a neutral third party.

But what about other victims who have signed confidentiality agreements in the course of settling sexual assault claims, in cases when the other party to the settlement agreement will not agree to waive the confidentiality agreement?

For example, a United States court refused enforcement in a case where the parties had agreed that they would each appoint a co-arbitrator, who would appoint a president if they failed to reach a decision, and where one of the arbitrators had failed to even contact the other before requesting the appointing authority to appoint the third arbitrator.885

European Convention on International Commercial Arbitration, Geneva, 21 April 1961, Article VIII: «The parties shall be presumed to have agreed that reasons shall be given for the award unless they (a) either expressly declare that reasons shall not be given; or (b) have assented to an arbitral procedure under which it is not customary to give reasons for awards, provided that in this case neither party requests before the end of the hearing, or if there has not been a hearing then before the making of the award, that reasons be given.»

She supports the idea that implementers of standards, like Apple in this case, should have the right to defend themselves against infringement allegations before agreeing to pay up for a license, and sees no reason «why a party's pre-litigation conduct in license negotiations should affect the availability of injunctive relief».

In this case, both parties agreed that the ATV met the definition of an «off - road vehicle», under the Off - Road Vehicles Act («ORVA»):

I created CleanSplit to automate this process in those cases where the parties couldn't easily agree on the property division.»

Thus, it is highly likely that in such a case the contracting parties will agree on the inclusion of ISDS in the PTA and conclude the agreement in a timely and resource efficient fashion.

The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all issues save costs before a trial or where a trial is incomplete, the court should not, save in a reasonably obvious case, embark on making an order for costs because the court will have no proper basis of agreed or determined facts upon which to base its decision.

In PAP and non-PAP cases: notice of the existence of a funding arrangement should be communicated to all other parties as soon as possible; if proceedings are started for limitation reasons with bad pre-action manners, the parties should seek to agree to apply to the court for a stay while they take steps to comply; and where proceedings are started, the claimant should state in the claim form or particulars of claim whether they have complied with the PD and any relevant PAIn PAP and non-PAP cases: notice of the existence of a funding arrangement should be communicated to all other parties as soon as possible; if proceedings are started for limitation reasons with bad pre-action manners, the parties should seek to agree to apply to the court for a stay while they take steps to comply; and where proceedings are started, the claimant should state in the claim form or particulars of claim whether they have complied with the PD and any relevant PAin the claim form or particulars of claim whether they have complied with the PD and any relevant PAP.

It will be interesting to see whether the court will permit parties involved in complex high - stakes patent cases to call multiple experts but require them to confer before trial to see what they can agree on and / or to testify together at trial to reduce the trial time (see points five and six below).

In particular, note that Civil Procedure Rule 31.4 and Practice Direction 31.2 A require that parties discuss with their opponents and, where possible, agree a strategy for the search and production of key evidence including ESI at an early stage, before the Case Management Conference.

In most cases of domestic assault the Crown will be reluctant to agree to any request for bail variation except in cases where the accused can provide evidence showing the variation would be in the best interest of the parties in the casIn most cases of domestic assault the Crown will be reluctant to agree to any request for bail variation except in cases where the accused can provide evidence showing the variation would be in the best interest of the parties in the casin cases where the accused can provide evidence showing the variation would be in the best interest of the parties in the casin the best interest of the parties in the casin the case.

Basically, facts that are not in dispute (either because the parties agree upon them or because application of the law to the facts dictates a particular result) are presented to the court, and then the court must decide if the case can move forward.

In some cases, the parties in a contested divorce are able to settle and agree after just one or two court hearings and the case does not have to go to triaIn some cases, the parties in a contested divorce are able to settle and agree after just one or two court hearings and the case does not have to go to triain a contested divorce are able to settle and agree after just one or two court hearings and the case does not have to go to trial.

This case highlighted the importance of clarity in agreeing the terms upon which subcontracts are made and demonstrated how an exclusion clause can fall foul of the Unfair Contract Terms Act 1977 («UCTA») even where both parties were commercial entities and not dealing as consumers.

In a dissolution, both parties much agree on every aspect of their case.

The Alberta Court of Appeal in a recent case held that if the parties agree to a fixed amount of severance (say, equal to 1 year's salary), the employee will be entitled to that specific amount.

Although the general procedure (dealt in the District Court) of compulsory execution is available for the enforcement of performance of obligations decided upon or agreed upon in the disposition of family affairs cases, the Family Court has power to take, upon application of a party (obligee), certain measures for ensuring the performance of such obligations.

A judge who has a personal conflict of interest in the case may nonetheless stay on the case instead of recusing herself if all the parties and the judge understand the conflict, but agree the judge should stay on anyway.

The EAT also went on to give its view that, in a case where the termination date is agreed but the parties are in dispute as to the nature of the termination (dismissal, resignation or termination by mutual agreement), evidence of pre-termination negotiations should be excluded.

In this case, the parties agreed to obtain court approval of the transaction involving the purchase of the licence and copyrights in tax publications by exceptionally applying to the court for a vesting ordeIn this case, the parties agreed to obtain court approval of the transaction involving the purchase of the licence and copyrights in tax publications by exceptionally applying to the court for a vesting ordein tax publications by exceptionally applying to the court for a vesting order.

In a case where the parties agree that the written version is wrong then the written version is wrong.

That was the part where, after the parties agreed to, say, a $ 25 million settlement and submitted it for court approval, the plaintiffs» law firm (which to date had shown nothing but 100 percent confidence in its case) must now turn around and argue against its own case to show the judge that it had not settled the case for too little.