Sentences with phrase «prevail on the merits»

Convincing the judge that they're likely to prevail on the merits of their constitutional challenge is only one step on the way to an injunction for those challenging the voucher program.

In order to receive a preliminary injunction, the plaintiffs must show they are likely to prevail on the merits of the case.

The plaintiffs moved for a preliminary injunction, arguing that they were likely to prevail on the merits because SB 302 was clearly unconstitutional and that Nevada's public school children will suffer irreparable harm because the education savings accounts will divert substantial funds from public schools.

But, if they choose to do so, please know that we will fight this case all the way to the Delaware Supreme Court, and it is our belief, that we will prevail on the merits and that the court would order the Board to redeem the pill and waive Section 203 so that the shareholders can be paid.

The court is currently hearing a substantive challenge to the interpretive rule, and in light of today's ruling, the hemp industry is optimistic that the Court will ultimately invalidate the DEA's rule, as one of the prime criteria in granting the Stay was whether the hemp industry is likely to ultimately prevail on the merits of the case.

So the plaintiffs in this case need to either (a) show actual damages, or (b) convince the court under the applicable standard of proof that they will suffer damages and they are likely to prevail on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.

Josh Earnest, the White House spokesman, said «we remain confident that we will prevail on the merits.»

The new rule says that a plaintiff - offeree may still collect attorney fees if he or she prevails on the merits but recovers less than the amount offered.

The district court correctly noted that its function at the class certification stage was not to determine whether plaintiffs had stated a cause of action or whether they would prevail on the merits, but rather whether they had shown, based on methodology that was not fatally flawed, that the requirements of Rule 23 were met.

, which could give rise to a lawsuit that could prevail on the merits if somebody brought one.

Keep in mind that «simply because one is unable to prevail on the merits under a § 1132 (a)(1)(B) claim does not mean that such a claim is not an «adequate remedy».»

For the Equal Access to Justice Act, some clients must meet certain size / financial requirements and you must prove that you prevailed on the merits.

Ultimately, we feel confident that Mr. Singer will prevail on the merits if and when a court ever reaches those issues.»

We believe that Lodsys is unlikely to prevail on the merits of its claims.

In order to receive an injunction, a party must show: a substantial likelihood that the party will prevail on the merits; the party will suffer an irreparable injury unless the injunction is granted; a showing that the threatened injury outweighs whatever damage will be caused to the other parties; and finally, a showing that the injunction would not be against the public interest.

Not exact matches

It is not surprising that the judges were swayed by pressure from local influential Muslims, but I had hoped that justice would prevail and that the case would be judged based on its merits.

CIG stood absolutely no chance of prevailing, not only on merits, but whatever claims they thought they had, would never have survived a motion to dismiss.

On review, the Court of Appeal remanded the fee / costs denial as to HOA and one party based on the fact the prevailing party determination might change based on the merits appeal decisioOn review, the Court of Appeal remanded the fee / costs denial as to HOA and one party based on the fact the prevailing party determination might change based on the merits appeal decisioon the fact the prevailing party determination might change based on the merits appeal decisioon the merits appeal decision.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

You can insure against or have an indemnification clause from the company you do business with to protect you against this risk, but it will rarely prevail against you anyway on the merits before or at trial.

EU law prevails over English law in the event of conflict and thus both cases were to be remitted to the Employment Tribunal to determine the claims based on EU law on their merits.

«the party seeking review here might prevail [in the state court] on the merits on nonfederal grounds, thus rendering unnecessary review of the federal issue by this Court, and where reversal of the state court on the federal issue would be preclusive of any further litigation on the relevant cause of action...»

The Judicial Council justifies this position based on the idea that «Judges are charged with ascertaining the truth, not just playing referee... A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits.»