Sentences with phrase «practice of other courts»

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 Businesscourt, 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 BusinessCourt, 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 duCourt 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 ducourt 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 SCourt 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 Scourt 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 wrcourts 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 wrCourts 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.»
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