Sentences with phrase «precedent on»

Only two of these decisions, both originating in criminal courts in New York State, set precedent on the issue of PAS's evidentiary admissibility; both held PAS inadmissible.»

In his decision, Justice Wilcox was careful to follow the precedent on what constitutes continuity, as set down by the High Court in Yorta Yorta.

Claims brought by a person on behalf of a group of persons to establish a precedent on a particular point of law («test cases»)

The document is based on the Decree of the European Court of Justice on Value Added Tax of 2015, which forms a precedent on possible exceptions for certain types of transactions with cryptocurrencies for all member states of the European Union.

Whether or not flood insurance would consider that to be a water - borne material flowing along the ground is an entirely separate question, and one that we're not aware of any precedent on.

His innovative approach applied recent legal precedent on a non-employment law related issue to get us over the goal line.

«Comparatively,» the Supreme Court preemption precedent on which the defendant relied (chiefly Mensing / Bartlett) «spoke directly on the FDA's power to regulate what speech appears in a drug's «label» and when that power takes preemptive effect over what is required by state tort law.»

In light of this decision, the circuits have begun to reconsider their precedent on fast - track sentencing and a split has developed.

Professor Dr. Yonatan Lupu of George Washington University and Professor Dr. James H. Fowler of the University of California San Diego, have published Strategic Citations to Precedent on the U.S. Supreme Court, Journal of Legal Studies, 42, 151 - 186 (2013).

Overall, it is unclear if this precedent on interlocutory injunctions will be limited to its unique factual matrix or liberally applied in future cases not only within Canada, but also what the status of this Canadian precedent will be internationally in light of the recent US decision.

Claims brought by a person on behalf of a group of persons to establish a precedent on a particular point of law («test cases»)

Ontario no doubt spent more than $ 400 in legal fees to overturn the award, but it could not afford to have this precedent on the books.

For the most part, it's about as exciting as a pig in the shade, but a little after the half - way mark it gets a little surreal as the justices try to parse precedent on whether one can construe «occupying» to include being run over by the car you just stepped out of.

YLaw is working on a case on obtaining the highest spousal support payable in British Columbia and is looking forward to setting precedent on the issue of spousal support.

They backed this point up in the New Brunswick trial and the Supreme Court appeal using the Confederation debates of the 1860's, the expert testimony of a Canadian historian on nineteenth - century trade and the intentions of the BNA Act's framers, as well a secret 1924 letter describing a clandestine meeting between judges and politicians that purportedly delegitimized a foundational precedent on section 121.

Just as law professors are heard to complain that the parties have settled some case that would have been a great precedent on a difficult point of law, so too parties settle or drop lawsuits that may at one time have represented an important concern of theirs.

Our team of Accident Benefits litigators has established considerable precedent on behalf of their insurer clients and the insurance industry as a whole.

In the U.S., any court can determine that a law is unconstitutional, but the extent to which that ruling is binding precedent on other courts or other parties than those to the case before it depends upon the court in question and upon the doctrine of collateral estoppel (a.k.a. issue preclusion).

Justices of the Supreme Court quite frequently turn to Canadian decisions for precedent on human rights issues.

The deal set a precedent on how to resolve the regularisation of complex IP ownership matters and provide clients and investors with certainty regarding IP ownership.

Some of us recall those days of law school with nostalgia, if for nothing else the colourful stories which set precedent on key issues of law.

Prior to this decision, Beetz J. stated, in the case of Bisaillon v. Keable, 1983 CanLII 26 (SCC), [1983] 2 S.C.R. 60 at p. 96, that although there was no precedent on point, he would have no difficulty finding an action lies for damages for breach of informer privilege (para. 26).

But apparently, precedent on the issue was split and Wellman failed to consider or advise the client that the favorable Ninth Circuit decision might be overturned by the Supreme Court, which it was.

More importantly, establish a companywide precedent on embracing cyber security and its everyday importance.»

Until recently general jurisdiction over a defendant (i.e. jurisdiction over any lawsuit against a defendant without regard to the particular facts of the case) was present in any state where a company has a permanent office for the conduct of business, under half a century of precedent on the issue that traced back to a U.S. Supreme Court case known as International Shoe v. State of Washington, 326 U.S. 310 (1945).

Nahmod, author of the treatise Civil Rights and Civil Liberties Litigation: The Law of Section 1983, adds that there isn't a great deal of precedent on the subject because environmental matters typically are dealt with in court through enforcement of environmental laws.

Perhaps there is some binding precedent on the books; I do not know.

Previous: Leave immigration law precedent on asylum for crime victims intact, ABA urges in amicus brief

While writing and podcasting about this last week, we predicted that the sides will essentially settle out of court, sparing us — at least for the time being — a precedent on the value of a Twitter follower.

Given the lack of precedent on the issue, the plaintiff's counsel took a risk making this request.

Furthermore, reversing the BIA's precedent on this subject would put the board in conflict with multiple federal appeals court decisions, the brief notes.

But the court said it was bound by U.S. Supreme Court precedent on qualified immunity for state employees.

A study of observational data sets from the World Glacier Monitoring Service (WGMS) concluded that «rates of early 21st - century mass loss are without precedent on a global scale, at least for the time period observed and probably also for recorded history» (Zemp et al. 2015).

In regards to how this case should be handled, I would like to point out to a precedent on the opposite side of the science / pseudoscience divide: Kurt Mix, an engineer who helped to shut down the gushing oil after the Deepwater Horizon explosion, was indicted for deleting few text messages that he exchanged with his supervisor.

BP - Amoco created a precedent on transparency in February 2001 by stating that it will publish what its pays in Angola.

The dialogues have set a precedent on expanding the space for global citizenry in international negotiations.

Bill Gates, Oprah Winfrey, Ted Turner, Warren Buffet... they could all be setting precedent on global warming issues in a multitude of innovative ways.....

Her artistic practice surrounds ideas of nature vs. nurture, usually one taking precedent on a 2 - dimensional surfaces overall.

If you have already set a precedent on acquiring ever more powerful weapons in a game franchise, to deny that in a sequel would (most probably) irritate the hell out of your customers.

Standing precedent on this issue is a statement made by the IRS in 2002, regarding «the taxability of frequent flier miles or other promotional items that are received as the result of business travel and used for personal purposes.»

I have no doubt that this process will set a precedent on how these decisions are made in the future.

Further to this, a successful lobbying attempt would set a precedent on Capitol Hill.

The forex market doesn't have any clear rules or precedent on how it will behave and this creates a good opportunity for those who are skilled in analyzing the market to score a profit.

We are unaware of any precedent on this at this time, however.

Whether or not flood insurance would consider that to be a water - borne material flowing along the ground is an entirely separate question, and one that we're not aware of any precedent on.

«The majority opinion in Montessori said nothing about whether a charter school could operate at more than one location, and as such, it necessarily stands for nothing as precedent on that issue,» Pellegrini wrote.

Today Justice Roberts quoted from a 1982 precedent on special education called Board of Education of the Hendrick Hudson Central School District v. Rowley:

It took precedent on SeekingArrangement for too...

It took precedent on SeekingArrangement for too long, so we made an executive decision to remove it once and for all.

With the number of creeps, jerks and crazy ass men taking precedent on dating sites, the odds of finding a guy who isn't a total nut - job can seem pretty hopeless.