Sentences with phrase «preliminary issue the court»

Not exact matches

Shortly afterward, the court issued a preliminary injunction which prevented Typo from selling the case.

According to Reuters, Judge Kimba Wood issued a temporary restraining order (TRO) against the Alibabacoin Foundation, and ordered the defendants (including ABBC Foundation's CEO Jason Daniel Paul Phillip and CTO Hassan Abbas) to explain to the court «why an order should not be issued granting a preliminary injunction,» which would prohibit the defendants» usage of the Alibaba trademarks anywhere in the United States.

«If you think for a moment that I'm going to stay my hand because your guy is taking the Fifth Amendment, and not issue a preliminary injunction to shut down what happened here, you're wrong,» U.S. District Court Judge William Alsup said, according to the transcript.

More recently, in In re NYSE Euronext Shareholders Litigation, then - Chancellor Strine of the Delaware Court of Chancery, in a bench ruling following oral argument, declined to issue a preliminary injunction on a stockholder vote to approve the proposed merger between NYSE Euronext («NYSE Euronext») and IntercontinentalExchange, Inc. («ICE»).

Rejecting the contention of Ajibola that the preliminary Objection raised by Governor Aregbesola had no foundation, Justice Ayoola held that the Supreme Court had long classified the issue of locus standi and which must reveal that the interest of the Plaintiff surpass that of other members of the society.

On September 7, U.S. District Court Judge Algenon Marbley issued a preliminary injunction, ordering the state not to enforce the ballot access law passed earlier this year by the legislature.

«He however, will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the tCourt since the apex court was only invited to rule on some preliminary issues in the process of commencing the tcourt was only invited to rule on some preliminary issues in the process of commencing the trial.

Federal judge issues injunction on U.S. DOJ plans to tie grant funds to sanctuary city status U.S. Circuit Court Judge Harry Leinenweber issued a preliminary injunction on Friday to prevent the U.S. Department of Justice from suspending public safety grants -LSB-...]

In March, advocate general Yves Bot issued a preliminary judgment limiting patents involving embryonic stem cells, on the basis that they «would be contrary to ethics and public policy» (see «European Court of Justice rejects stem - cell patents»).

«On 24 July, a California superior court found in favor of UCSD, issuing a preliminary injunction to restore control of the study data to the school.»

The Animal Legal Defense Fund in San Francisco, California, and three other groups asked Judge William H. Orrick of the U.S. District Court in the Northern District of California to issue a preliminary injunction requiring USDA to immediately return all the records to public view.

On August 23, 2010, Judge Royce Lamberth of the United States District Court for the District of Columbia issued a preliminary injunction against the National Institutes of Health (NIH) guidelines allowing federal dollars to fund projects in which embryos were destroyed to derive new stem cell lines.

The crucial question is which lawyer the three judges — Douglas Ginsburg, Thomas Griffith and Karen LeCraft Henderson — will agree with as they consider whether to uphold or overturn a preliminary injunction issued by US District Court judge Royce Lamberth on 23 August.

By a 5 - 4 vote Nov. 5, the high court granted a request from voucher parents and the state of Ohio for a stay of a preliminary injunction issued in August by U.S. District Judge Solomon Oliver Jr..

To date, courts have issued preliminary injunctions to bar the measure's implementation; those orders are still in effect.

NSBA is pleased to report that a federal district court judge in New York has issued a nationwide preliminary injunction in Vidal v. Nielsen (New York v. Trump), a case in which NSBA and other national educational organizations filed an amicus brief supporting plaintiffs challenging the DACA rescission.

In that case, a state court judge in Carson City sided with a group of parents and issued a preliminary injunction halting implementation of the law.

So while the preliminary injunction that had been issued by a lower court in Australia this summer has... [Read more...]

But it's apparently enough like an iPad for a German court to issue a preliminary injunction that will prevent Samsung from selling the tablet in most European Union countries.

The new design came after a German court decided that Samsung's original 10 inch tablet did look too much like an iPad and issued a preliminary injunction banning the company from selling that model in Germany.

This summer Australian authorities had issued a preliminary injunction on Samsung's tablet sales, but an appeals court has overturned that ruling.

The city of Phoenix is currently in federal court defending their passage of such an ordinance and in April a federal judge issued a preliminary injunction order in favor of the pet store.

Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence... was refused a first driving licence in that State on the ground that he did not satisfy, under that State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).

The Brussels Commercial Court referred the issue for a preliminary ruling in the course of a dispute between Otis and the other businesses and the EU, represented by the Commission.

These were only some of the issues on which the Court was asked to adjudicate in a preliminary reference from the Spanish Audencia Nacional.

In the Pringle case, a preliminary reference from the Irish Supreme Court, one of the two key issues to be decided by the CJEU was whether a pending amendment to the EU Treaties was validly adopted (see Laurens» post re: the ESM Treaty).

The plaintiffs sued separately and the Superior Court dealt with the preliminary issue in each case of whether the waiver of liability was operative and enforceable.

The couple sued for wrongful dismissal, and before a trial could be held, they brought a preliminary motion, asking the court to reinstate them to their jobs and to force Quadrus and London Life to issue a notice to the industry and their clients, stating that they hadn't done anything wrong.

Led by Mark Templeman Q.C. in trial of preliminary issues in the Commercial Court relating to the reinsurance in the Lloyd's market of certain Venezuelan risks involving issues of waiver and Venezuelan law.

The Hungarian Kúria (Supreme Court) had reservations over the interpretation of the DPD and the determination of applicable law so referred the issue to the CJEU for a preliminary ruling.

The magistrates» court refused to hear it as a preliminary issue, and judicial review was applied for and refused.

The preliminary issue in Independiente Ltd and 14 others v Music Trading On - Line (HK) Ltd and others [2006] All ER (D) 123 (Nov) was whether the particular undertaking to the court was actionable in contract.

The Court therefore called upon counsel to address these issues as a preliminary matter.

However, as evidenced by Jolyon Maugham QC's proceedings before the Irish High Court in the so - called «Dublin case», the explicitly stated objective of which is a preliminary reference on the issue to the Court of Justice, the explicit question of whether notice under Article 50 TEU is revocable may be set to become the next judicial battlefield of the Brexit war.

The list of issues will be a court document and become a reference point for proceedings thereafter (vis - à - vis disclosure, witness statements, experts» reports, preliminary issues).

because of the decision of the Conseil d'Etat not to refer the question before it to the Court of Justice for a preliminary ruling, even though that court had never examined the Convention rights in issue, the Conseil d'Etat ruled without the full potential of the relevant international machinery for supervising fundamental rights — in principle equivalent to that of the Convention — having been deplCourt of Justice for a preliminary ruling, even though that court had never examined the Convention rights in issue, the Conseil d'Etat ruled without the full potential of the relevant international machinery for supervising fundamental rights — in principle equivalent to that of the Convention — having been deplcourt had never examined the Convention rights in issue, the Conseil d'Etat ruled without the full potential of the relevant international machinery for supervising fundamental rights — in principle equivalent to that of the Convention — having been deployed.

The Richmond, Virginia - based 4th U.S. Circuit Court of Appeals, in an unusual en banc ruling before there was a panel decision, upheld the preliminary injunction issued by the Maryland court, concluding that the executive order was based on religious anCourt of Appeals, in an unusual en banc ruling before there was a panel decision, upheld the preliminary injunction issued by the Maryland court, concluding that the executive order was based on religious ancourt, concluding that the executive order was based on religious animus.

The senior court judge decided, as a preliminary issue, that there was no good reason to depart from the court - approved costs budget.

In a fifth case the Supreme Court issued its final judgment on a matter that had already been sent to Luxembourg for preliminary rulings on two occasions; it concerned the limitation period applying to claims brought against producers of goods (O'Byrne v Aventis Pasteur MSD Ltd [2010] UKHL 23).

The James Elliott Construction case brings before the Court of Justice (ECJ), for the first time, the issue of whether it is within the Court's jurisdiction to give preliminary rulings on harmonised technical standards (HSs).

Following several years of judicial procedures, the Austrian Supreme Court made a preliminary reference to the European Court of Justice on two issues, of which the most interesting one concerns whether the environmental impact assessment also serves to protect an individual against pecuniary damages as a result of the decrease in the value of his or her property.

Why had the court and the parties in this case gone down the preliminary issue route, asked Ryder LJ: «This is an appeal in care proceedings in which the background problem is a failure by the parties to identify the key issues which needed to be determined by the court and then how those issues should be determined.

The English High Court was asked to determine preliminary issues as to jurisdiction.

The issue before the court: whether winning a preliminary injunction makes one a «prevailing party» entitled to recover attorney fees.

On Monday, December 4, 2017, the U.S. Supreme Court issued two separate, but related, orders staying lower courts» preliminary injunctions against President Trump's most recent travel ban (see our previous alert).

In the case at issue the request for a preliminary ruling was submitted by the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) in 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goods.

In the present case, it is common ground, that the amount of the public contract at issue in the main proceedings amounts to EUR 85,000, which is considerably below the thresholds for application laid down in Article 4 of Directive 2014/24... On the other hand, in its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis adcourt has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis adCourt to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis adCourt finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis added).

The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.

Sweet v The Owners of the Blyth Lifeboat: Chris was instructed on behalf of the RNLI in this claim arising out of a collision in which the Admiralty Court determined preliminary issues concerning the relevant limitation period.

The claim was settled after the Court determined various preliminary issues of construction.