By giving guidance on the circumstances in which a national court of last instance is obliged to make a reference to the CJEU with the Ferreira de Silva case one may assert that there is a need to occasionally check the case - law and
practice of other courts of the Member States when a given term gives rise to uncertainty which ultimately bears the risk of different interpretation.
Not exact matches
«We are pleased the federal
court in San Diego decided Qualcomm must establish the fair value
of its technology and defend its business
practices in
court before forcing Apple and
others to pay exorbitant and unfair rates, which amount to a tax on our own inventions,» Apple spokesman Josh Rosenstock said in a statement.
The next day that firm filed two lawsuits against Diageo, one in federal
court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business
court, raising a suite
of traditional trademark and unfair business
practices claims, but the
other in New York State Supreme
Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business
Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135
of the New York General Business Law.
The Toronto Real Estate Board (TREB) has filed an application with the Federal
Court of Appeal to stay the Competition Tribunal's June 3 order, which requires TREB to, in part, stop its «anti-competitive
practices» and not exclude sold and
other disputed data from its virtual office website (VOW) feed.
In a new complaint seeking class action status, two women — who are maintaining anonymity — are asking a
court to force the $ 69 billion ride - hail company to change many
of its driver screening and
other practices on behalf
of all U.S. riders who were «subject to rape, sexual assault or gender - motivated violence or harassment by their Uber driver in the last four years.»
For instance, in a colorful case involving a city ordinance restricting the
practice of animal sacrifice, the
Court severely criticized officials for acting out
of animosity towards the Santeria religion, which engages in the ritualistic slaughter
of pigeons, goats, and turtles (among
other animals) and at least sometimes leaves the carcasses along roadsides and in
other public places.
We can assume that all the Justices sitting on the
Court today, like
other humans, have their own preferences and biases about religion, but the judicial opinions
of one
of them, Justice John Paul Stevens, raise more than a slight suspicion that some
of his actions on the bench stem from animosity, if not to animal sacrifice, at least to certain less exotic religious beliefs and
practices.
In my many years
of practice in the Family
Courts in this country (and it is not very different in
other countries) my experience has been that the behaviour
of all too many women, Catholics included, has not been graceful but rather disgraceful.
Carefully itemizing mercantile bills
of sale, inventories
of militia and volunteer detachments, the evidence that there was a lack
of gun - smiths, records
of importation
of guns from Europe, the incidence
of duels (three in the entire South in the 1760s, none fatal), children's books and toys, comments by eyewitnesses about the abysmal shooting ability
of settlers (lacking both the weapons and the gunpowder to
practice),
court records, and a wide variety
of other historiographical resources, the author assembles an overwhelming mass
of data to show that military prowess was not, in fact, characteristic
of early Americans.
Davis Family Vineyards Files Trademark Infringement Lawsuit: Today, the award - winning and family operated, Healdsburg - based Davis Family Vineyards filed a lawsuit for trademark infringement and unfair and deceptive trade
practices against Napa Valley newcomer Davis Estates LLC and
others in the U.S. District
Court for the Central District
of California...
Incidentally, these are the same lawyers and social commentators who, before the Anas exposé, insulted; made formal disciplinary complaints against; and without a hearing, illegally banned myself and
others from
practicing in the
courts of law - all for daring to say that «no one can convince me that there is no corruption in the judiciary or that some judges do not take bribes».
At 6 p.m. Tuesday, the New York City Bar Association will host «The State
of Criminal Discovery in New York State,» discussing «the current law applicable to criminal discovery in New York State
courts; responses to the Criminal Law Committee's statewide survey
of the judiciary, defense bar and district attorneys regarding current
practices; criminal discovery law in
other states; and proposed reforms.»
«The Committee, which will sit in camera, in line with normal
practice, consists
of three (3) Justices
of the Superior
Court appointed by the Judicial Council, and two (2)
other persons appointed by the Chief Justice, on the advise
of the Council
of State.
«Unless we apply the break and uphold the rule
of law and democratic conventions and
practices in all ramifications, our greatest losses, moving forward, will not be economic recession, lack
of critical infrastructure, among
others, but an irredeemably deteriorated civilian rule where the decisions
of the
courts, letters and spirit
of the law, resolutions
of the legislature, electoral choices
of Nigerians as expressed through the ballot no longer count.»
In a judgment dismissing the claim, Justice Rilwan Aikawa held that following the decision
of the Supreme
Court in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate allegations of corrupt practices made against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its du
Court in the case
of Attorney General
of Ondo State vs Attorney General
of the Federation and 36
Others (2002), that ICPC had a statutory duty to investigate allegations
of corrupt
practices made against any person or authority in Nigeria and that neither the claimants nor the
court has the discretion to stop a statutory agency of government from performing its du
court has the discretion to stop a statutory agency
of government from performing its duties.
The
other nominees are: Michael Diedreich, an attorney from Rockland County; Jose Fernandez, a former assistant secretary
of State in the Obama administration who current
practices at Gibson Dunn; Nicole Gueron, whose experience includes a stint as deputy trial counsel in the attorney general's office during Cuomo's tenure in the post; Doris Ling - Cohan, a state Supreme
Court judge in New York County; former New York City Civilian Complaint Review Board executive director Mina Quinto Malik; Buffalo attorney Jennifer Stergion; and Alex Zapesochny, who appears to be the founder
of a Rochester biotech company.
Other potential Republican or Conservative candidates are William Ferris, a Navy veteran and former prosecutor; Robert Biancavilla, top homicide prosecutor in Spota's office; John Halverson, a private
practice attorney and former county prosecutor; Edward Friedland, district executive
of the U.S. District
Court in Manhattan; Andrew Crecca, a state Supreme
Court justice and former county legislator; and Patrick O'Connell, a former prosecutor who is in private law
practice with Suffolk County Conservative chairman Frank Tinari.
But the Appellate Division
of state Supreme
Court upheld the practice, reaffirming a lower court ruling that also favored a state practice called «sub-allocation» of the fees to other departments, primarily the departments of Health and S
Court upheld the
practice, reaffirming a lower
court ruling that also favored a state practice called «sub-allocation» of the fees to other departments, primarily the departments of Health and S
court ruling that also favored a state
practice called «sub-allocation»
of the fees to
other departments, primarily the departments
of Health and State.
The Akwa Ibom State Attorney - General, Mr. Uwemedimo Nwoko, had filed a suit before Justice Ntong, seeking the
court to restrain the ICPC or any
other federal anti-corruption agency from investigating the government
of the state for alleged corrupt
practices without prior authorisation by the Akwa Ibom State House
of Assembly.
According to the definition in article 7
of the widely accepted Rome Statute
of the International Criminal
Court crimes against humanity are murder; extermination; torture; rape; political, racial, or religious persecution and
other inhumane acts if they are part
of a widespread or systematic
practice (21).
Still
other educators express faith in the vestiges
of what were considered vital
practices in democratic education in the past, including classroom voting, whole school meetings, student
courts and similar mechanisms.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group
of persons is engaged in a pattern or
practice of resistance to the full enjoyment
of any
of the rights secured by this title, and that the pattern or
practice is
of such a nature and is intended to deny the full exercise
of the rights herein described, the Attorney General may bring a civil action in the appropriate district
court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or
practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or
other order against the person or persons responsible for such pattern or
practice, as he deems necessary to insure the full enjoyment
of the rights herein described.
(a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or
practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or
other order, may be instituted by the person aggrieved and, upon timely application, the
court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is
of general public importance.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group
of persons is engaged in a pattern or
practice of resistance to the full enjoyment
of any
of the rights secured by this title, and that the pattern or
practice is
of such a nature and is intended to deny the full exercise
of the rights herein described, the Attorney General may bring a civil action in the appropriate district
court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or
practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or
other order against the person or persons responsible for such pattern or
practice, as he deems necessary to insure the full enjoyment
of the rights herein described.
The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial
of cases before a
court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations,
practices, or
other matters falling within the purview
of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions
of governing statutes or
other requirements
of law; drafting, negotiating, or examining contracts or
other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions
of a
court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.
[FN61] A violation
of FDUTPA is defined as any violation
of FDUTPA, or may be predicated upon violations
of any rules promulgated pursuant to the FTC act, any standards
of unfairness or deception set forth by the FTC or the federal
courts, or any law, statute, or
other provision which proscribes unfair methods
of competition, or unfair, deceptive, or unconscionable acts or
practices.
If the trade associations decide to band together to challenge the new FTC rules in
court, it appears clear it will be seen by regulators and
others as nothing more than a desperate attempt
of an industry whose members have been labeled as engaging in deceptive and abusive
practices to continue those bad acts.
A conversation between Buren and Tim Marlow walk the reader through the Tottenham
Court Road installation and discuss it alongside his
other public transport works, while a text by Hans Ulrich Obrist places the work in the context
of Buren's wider
practice since the 1960s.
(As Cato and many
others argued in last year's Supreme
Court case
of Susan B. Anthony List v. Driehaus, controversial speech need not be true to be protected, and in
practice an «only truth has rights» rule would give the state a stifling power to punish advocacy in debates that it considers settled.)
We built the membership last September to include fair representation from the judiciary, lawyers in private and public sector
practice, the
Courts Administration Service, a few
other areas and a journalist to represent the interests
of the Canadian public.
The
practice is a broad one that includes tribes which includes: negotiations with state and federal governments, gaming law, criminal law, employment law, and nearly every
other area
of law that is found in any
court anywhere.
The state bar is saying that I have engaged in the unauthorized
practice of law because, among
other things, I referred to myself as «Esquire» in a
court document.
For example, a lawyer might want to subscribe to content updates matching «Notices to the Legal Profession», «Rules
of Practice» and
court decisions in a specific area
of the law, but not to
other content — They know what they can do and not do with the information (in terms
of copyright).
These sites, which are crafted for potential clients in Middlesex County, Monmouth County, Passaic County, and Bergen County, introduce the firm's lawyers, explain theirs areas
of practice, include
court directions and details, and provide
other helpful information.
Mr. Chapman has
practiced criminal law at the state and federal
court levels for more than 20 years, representing clients in accused
of violent crimes, DUI offenses, drug offenses, domestic violence, and
other crimes.
There are two
other elements that need to be separately determined by the national
court: the existence
of a loss suffered by the plaintiff and the direct causal link between the loss and the anticompetitive
practice (paragraph 65).
From email contents to online documents, Echo can read, dictate thoughts or
other documents, re-order office supplies, send automated texts when a
court is about to close, effectively go to the bank without moving a muscle, and add meetings to a Google calendar which can be synced right into your law
practice management software — all without even the touch
of a button.
Although live streaming has become common
practice for the Ninth Circuit, it is unheard
of for federal
courts in most
other parts
of the United States.
18 Unlike the extracurricular interscholastic competitions that bear the same name today, the moot
courts of this period were mandatory exercises in the law school curriculum, modeled after the «moots» of the Inns of Courts in England.19 The law school professors of the day gave the students a fictitious case and assisted the students in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive wr
courts of this period were mandatory exercises in the law school curriculum, modeled after the «moots»
of the Inns
of Courts in England.19 The law school professors of the day gave the students a fictitious case and assisted the students in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive wr
Courts in England.19 The law school professors
of the day gave the students a fictitious case and assisted the students in drafting the pleadings and
other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in
practice, these were the forerunners
of today's legal writing classes that emphasize persuasive writing.
The
practice features Paul Clement, Solicitor General
of the United States from 2005 to 2008; Viet Dinh, former U.S. Assistant Attorney General; Christopher Landau, a former law clerk to both Justice Scalia and Justice Thomas; Michael McConnell, who served as a judge on the U.S.
Court of Appeals for the Tenth Circuit; and many
other attorneys who have served as law clerks on the Supreme
Court, the
courts of appeals, and the district
courts.
Topics to be taught will include, but are not limited to, an introduction to the legal community, a practical and intensive primer on depositions and discovery, an introduction to
practicing in
court (
court appearances, legal writing and research, pet peeves
of the bench, etc.), transition into
practice (dealing with clients, how to successfully participate in ADR, relations with
other attorneys, case management, etc.) and an introduction to law
practice management.
In
other work, the
practice represented the state
of Baden - Württemberg in a procedure before the Administrative
Court of Stuttgart, defending the client against claims brought by Deutsche Bahn for the reimbursement
of additional costs incurred by the construction project Stuttgart 21, and assisted the insolvency administrator
of Infinus with the enforcement
of shareholder loans totalling $ 320m.
If both spouses can hire attorneys, then the question becomes not whether they can afford collaborative
practice, but whether they can afford any billable hours being spent on anything
other than trying to reach an out -
of -
court agreement.
Among
other things, the Supreme
Court of Canada highlighted the trial findings
of negligence in continuing to issue clean audit opinions after knowing
of deliberate deception by Livent management and what Deloitte itself characterised as «aggressive, if not questionable, accounting
practices» on the part
of Livent management.
Although each state defines UPL differently, the
practice of law is generally recognized to include: (1) accepting cases from a client; (2) setting fees; (3) rendering legal advice; (4) signing legal documents; and (5) appearing in a representative capacity before a
court or
other adjudicatory body.
Practice areas; — White Collar Criminal Defense —
Other Federal Criminal Defense — Defense
of regulatory investigations and proceedings — Advocacy for officers, directors, and employees in internal corporate investigations — Matters involving MBS, CDS, CDOs, and subprime mortgages — Government - initiated civil RICO actions — Civil and Commercial Litigation — Federal Sentencing Advocacy Education: — Columbia University, 2008 Juris Doctor Harlan Fiske Stone Scholar — Yale University, 2004 Bachelor
of Arts, cum laude Departmental Honors, English Admissions: — New York, First Department — United States District
Court, Southern District
of New York — United States District
Court, Eastern District
of New York
I suppose there could be interesting questions if the Twitter user was not in the jurisdiction
of the
court, depending on (among
other things) whether the rules
of practice permit service out
of the jurisdiction without prior leave
of the
court.
Categories covered in the «good
practices» document include punctuality, service
of papers, discovery, continuances, responsibilities to the client and
other attorneys, writings submitted to the
court, trial and hearings, dispute resolution, and more.
At first instance, the High
Court held -LRB-[2006] EWCA Civ 1656, [2006] All ER (D) 49 (Dec)-RRB- that the use
of the O2 bubble marks by 3 was a breach
of O2's rights under Art 5
of the Trade Marks Directive 89/104 / EEC (TMD), but said that the advertisement complied with the terms
of the Comparative Advertising Directive 97 / 55 / EC (CAD) and so Art 6 (1)
of the TMD, which provides a defence for «indications concerning the kind, quality and quantity, intended purpose, value, geographical origin, the time
of production
of goods
of rendering
of the service or
other characteristics
of the goods or services... provided [they are used] in accordance with honest
practices in industrial or commercial matters» which meant there was no infringement.
«Focusing on New Jersey appeals, appellate law, and appellate
practice, particularly regarding decisions and
other actions
of the Supreme
Court of New Jersey, the Superior
Court of New Jersey, Appellate Division, and the Third Circuit
Court of Appeals.»