New York Commercial Litigation associate Paul Stinson explains
the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.
Work highlights Appeared in the Supreme Court for ANZ Securities to affirm the dismissal of a suit brought by California Public Employees Retirement System, successfully arguing that the three - year statute of repose under the Securities Act can not be tolled under
the precedent set in the Supreme Court's 1974 decision in American Pipe & Construction Co. v Utah.
Add into the equation the legal
precedent set in the UK by the Greenpeace ruling that released six activists because they stopped climate damage and we have the potential for a horrendous amount of litigation.
While fun, the dungeon makes little innovation to
the precedent set in the main game.
The Court decided that public charter schools like ours are not «common schools,» as they are not overseen by an elected school board, and therefore can not receive public funding, basing their decision on
a precedent set in 1909.
But what they have witnessed so far has been «unprecedented,» Murphy said, and «much more intense and publicly celebrated» than
the precedent set in Canada.
The decision implies on page 17 that
the precedent set in 1980 by John B. Anderson, who ran in Michigan's presidential primary and also ran as a minor party nominee, doesn't apply because Read more»
Because of
the precedent set in the early years of the Calipari era at Kentucky, most just assumed that Jones and Lamb (Jones especially) would be gone after one season in Lexington.
Tragically, women who have been raped — especially by someone in the public eye and with a fanbase — must now be petrified by
the precedent set in this case.
With broad public support, a states right
precedent set in Colorado and Washington, and money to be had, the fight to legalize sports betting continues.
In a particularly revealing and two - faced article, the EFF has argued that pushing a Section 230 demand through NAFTA, which if accepted would result in a change to both Canadian and Mexican law, would «roll back
the precedent set in the Google v Equustek case».
The U.S. judge has excluded foreign investors, based on
a precedent set in a 2010 Supreme Court ruling in the case of Morrison v. National Australian Bank.
Even the No Child Left Behind Act's requirement that school districts adopt a voluntary desegregation plan, for instance, may conflict with legal
precedents set in most federal appeals courts.
BHRR has been
precedent setting in the community in seeing more cats & dogs microchipped to give them the best chance possible to get home should they be lost or stolen.
ExxonMobil based its argument on
precedents set in two old cases of maritime law holding that «punitive damages are not available against a shipowner for a shipmaster's recklessness» (language from today's decision).
Not unlike many non-traditional families the women in this northern Ontario case conceived a child by way of donor sperm, but
precedent setting in that the sperm donor applied to the courts to be declared a parent and for liberal access rights to the child.
This decision is
precedent setting in BC because rejects the defence that safe arrival home by an intoxicated patron brings an automatic end to commercial host liability.
This is where I think the case nails things down and is
precedent setting in that respect.»
Not exact matches
Boyce
sets a very weak
precedent; as Christensen told us, its influence on the Bergdahl proceedings will depend on whether judges like Nance read the brief
in the first place.
It may
set a
precedent in other British lawsuits as well — for example four messenger companies are currently being sued by bicycle messengers who claim they should have employee status.
Wheeler's decision also flies
in the face of a legal
precedent set by the Supreme Court
in 2005, notes Downes.
Sony decided to release the film after U.S. President Barack Obama, as well as such Hollywood luminaries as George Clooney and Republicans and Democrats
in Washington, raised concerns that Hollywood was
setting a
precedent of self - censorship.
Since the policy was written
in 2009, legal advocates argue, several court cases have
set new
precedents that could make some CBP electronic searches illegal.
«Even if the current minimum wage increase proposals don't affect your company, it
sets a bad
precedent,» Merrill Matthews a resident scholar at the Institute for Policy Innovation
in Dallas wrote
in a recent article for NCMM.
The «fib» to which Journal was clearly referring was the government's claim, made repeatedly
in those same court filings, that it was only interested
in cracking the San Bernardino case, not
in setting a
precedent.
He said the agreements still occurred
in context of native law and Aboriginal cultural heritage considerations and smaller mining companies did not need to fear the risk of
setting a
precedent.
«The ombudsman ruling on the EEAS will
set a strong
precedent against unpaid internships
in all EU Institutions, and we will be pushing hard on this.
The group said a ruling against the company would
set a bad
precedent, «jeopardizing service providers and undermining speech
in the process.»
It may be early
in the show's run, but Colbert is already
setting a
precedent for booking guests beyond the traditional circle of Hollywood elite pitching their film and television projects.
Eight other states have gambling laws with similar language to New York's, so what happens
in New York could
set a
precedent for legality elsewhere.
Colbert is
in just his second week as the new host of The Late Show, but the comedian has already
set a
precedent for hosting guests from the corporate world, with Tesla Motors (TSLA) CEO Elon Musk and Uber CEO Travis Kalanick visiting during the show's first week.
When asked about the SaaS sector
in the country and the startup scenario, from a fundraising viewpoint, Subramanian stated that ventures like Freshworks (backed by Google Ventures) and BrowserStack (Secured $ 50 Million from Accel) have
set precedents in terms of raising the bar for fundraising
in India.
Also, bear
in mind that giving holiday bonuses
sets a
precedent for the years to come.
Federal Bureau of Investigation Director James Comey said
in a letter released on Sunday night that the agency's request wasn't about
setting legal
precedent, but rather seeking justice for the victims and investigating other possible threats.
«Even though public universities are not affected by the endowment tax, they are very much opposed to it, for fear it would
set a
precedent that would be applied to them
in the future,» Terry Hartle of the American Council on Education told NPR
in December.
While Citizens United seems to allow more unrestrained political speech — and some legal experts warn such activities may wind up
in court because a
precedent has yet to be
set — that doesn't mean your organization should go ahead and do it.
A lawyer for ride service Uber, which has been sued by drivers who contend they should be considered employees and are seeking class action status, said it would be preferable to have a trial just on the three drivers who filed the complaint
in order to avoid
setting a risky
precedent.
A gas strike made by the Department of Minerals and Energy
in the Officer Basin
in WA has
set a
precedent — it is the first recorded occurrence of gas
in that area.
The cultivation of team - approaches popular
in the mid-2000s for every type of activity owes much to the
precedent set by quality circles.
By being an empathetic leader, Mark
set the
precedent in his business for his standard of customer service.
«Panther» will end up over $ 600 million
in foreign grosses and
set precedent in destroying the truism that films starring mostly black characters do not perform well internationally, particularly
in Asia.
Down With the Statues: North Carolina is dismissing charges against several activists who tore down a Confederate statue
in Durham last summer, a move that could
set an important political
precedent.
For a province that relies on free, unfettered trade of resources, measures such as this
set a
precedent as bad or worse as those
set by BC Premier John Horgan's intention to regulate bitumen shipments
in BC.
On June 28, 2016, the Target Canada Entities and the Plan Sponsor confirmed
in writing to the Monitor that all of the conditions
precedent set out
in section 8.3 of the Plan have been satisfied or waived, as applicable,
in accordance with the terms of the Plan and the Plan Implementation Date has occurred and the Plan is effective with its terms and the terms of the Sanction and Vesting Order.
Every once
in a while, a company starts up to
set a brave new
precedent in its industry.
This
sets a dangerous
precedent for other countries and the ECB could act
in similar fashion.
Fifth, it
sets a terrible
precedent for similar projects
in the future.
Contacting potential overseas agents while they are still interested will lead to a higher conversion rate, but will also
set an important
precedent for communication: no matter where they are based, overseas agents will then trust you to stay
in touch and reply quickly to any queries they have.
We'd expect peripheral bonds to sell off quite considerably and anticipate questions about whether Brexit
sets a
precedent for other countries to consider their future
in the EU.
In November 2017, he achieved
precedent -
setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.