Sentences with phrase «primary issue the court»

Not exact matches

The primary issue before the court was whether the CFTC had standing to sue the defendants under the CEA.

In Commodity Futures Trading Commission v. McDonnell et al., the CFTC alleged that the defendants violated the CEA by operating a fraudulent scheme involving virtual currency trading and misappropriating investor funds.3 The primary issue before the court was whether the CFTC had standing to sue the defendants under the CEA.

The primary issue before us is whether trial court's award of joint custody is in the best interests of the Burham children.

A $ 3 million bond issue planned by Lake County Community School District 102 to complete a middle school in Buffalo Grove and add six classrooms to a primary school in Prairie View has been called off in the wake of an Illinois Appellate Court ruling.

INEC's Director of Publicity, Oluwole Osaze - Uzi, says this follows an order by the Abuja Federal High Court mandating INEC to immediately issue Certificate of Return to Mr. Uche Ogah who came second at the last Peoples Democratic Party (PDP) primaries in Abia State.

The FEC on Sept. 16 issued an advisory opinion saying Martins could go back to those donors for a third $ 2,700 maximum for the Oct. 6 primary, but the next day the appellate court scrapped the unsual third election.

A state Supreme Court justice found late yesterday that Republican primary challenger Philip Pidot has enough signatures to qualify for a GOP congressional primary against Sen. Jack Martins, but will not issue a formal decision until today on the ultimate fate of a primary, which would either be held Tuesday or a at later date.

Thus, without deciding the issue of whether the interim provisional ballots (or those provisional ballots available under section 115.427.3's exception to the Photo - ID Requirement) are available only for federal or statewide elections and primaries, the Court holds that the transitional provisions of section 115.427.13 must be struck down together with the permanent provisions of SB 1014's Photo - ID Requirement because the former is not severable from the latter.

(CNN)- A federal appeals court issued an injunction Thursday to allow the name of former Olympic star Carl Lewis to remain on the ballot for the June 7 Democratic primary for a New Jersey state Senate seat.

The reason the issue is on the table is because of a 2012 decision by U.S. District Court Judge Gary Sharpe requiring the state to set federal primaries for the fourth Tuesday in June.

As he was courting environmentalists in the New York primary, Vermont Senator Senator called Indian Point a «catastrophe waiting to happen» because of the bolts and other issues.

U.S. District Court Judge Gary Sharpe is expected to rule on the issue of when New York should hold its party primaries, part of an ongoing Department of Justice lawsuit to force the state into complying with the MOVE Act, which governs timely access to military and overseas ballots.

This is thus a major step forward and puts the parties on a path to resolving the primary issue that motivated the department's court filing in the first place,» the DOJ letter to Boehner reads.

``... If the communication involves both business and legal issues, the court must determine the «primary or predominate purpose «of the communication».

While the primary issue involved in Kahn is the court's ability to hold a spouse in contempt for failing to pay a monetary obligation, the ex-husband also raised wife's prior adultery as a defense to enforcement of the separation agreement.

Furthermore, as with all disputed matters, the court can do no more than decide the issues on the relevant facts of each case: the «primary search must always be for what the parties actually intended, to be deduced objectively from their words and their actions» (para 46).

His primary focus is in three areas: Dealing with labor unions — bargaining, grievances, arbitrations, and litigation; Employment litigation — discrimination, whistleblower, wage / hour, retaliation and other causes of action before federal and state courts and administrative agencies; and human resources counseling — helping managers deal with day - to - day issues, training, compliance, policies and procedures, drafting ordinances, public records, and Sunshine Law.

On the legal custody issue, the Court of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.&rCourt of Appeals agreed with my client that the family court erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.&rcourt erred in finding he did not have final decision - making authority under the previous order, finding that the old order «implicitly granted him final decision - making authority by virtue of granting him primary legal custody.»

Importance: The primary issue before the Court of Appeal was whether the Divisional Court properly applied the reasonableness standard to the Tribunal's decision — the blog posts did not infringe Ms. Taylor - Baptiste's right to equal treatment «with respect to employment without discrimination» under section 5 (1) of the Code.

Since custody was the primary issue at trial, it is not surprising that the court affirmed the award of attorney's fees.

It will be interesting to see what the Supreme Court makes of these technical matters, which though less high - profile than the primary issue, are nonetheless very important.

Jamie Butler has been able to effectively defend his clients in court and has a enviable track record of success in multiple legal areas — a primary reason why clients refer others to him and come to him for any subsequent issues.

Although the primary focus of the Court's decision was on the competition issues, it also addressed questions of privacy and copyright law.

The real issue was whether the expert's opinion was independent of the parties, the pressures of litigation and given with the primary purpose of assisting the court.

[1] The primary question on this appeal centres on the issue of an appellate court's ability to raise new grounds of appeal and the considerations which should guide the court in doing so.

(1) a party is entitled to a verdict b the jury and the court may not contravene a jury verdict on the issues of: (D) the determination of which joint managing conservator has the exclusive right to designate the primary residence of the child; (E) the determination of whether to impose a restriction on the geographic area in which a joint managing conservator may designate the child's primary residence; and (F) if a restrict descried by Paragraph (E) is imposed, the determination of the geographic area in which a joint managing conservator must designate the child primary residence;

• § 153.002 - Best Interest of the Child is Primary Consideration - The best interests of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to thePrimary Consideration - The best interests of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to theprimary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

The court concluded that the parenting issues had been the primary focus of the trial, and occupied the majority of the court's time.

The parenting coordinator may NOT change primary residence, the amount of child support, or other key issues that only a court may decide.

(1) In any proceeding in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested, the court may refer the parties to mediation in accordance with rules promulgated by the Supreme Ccourt may refer the parties to mediation in accordance with rules promulgated by the Supreme CourtCourt.

He did opine that if the court found that [Mother's] consistent attempts over the years to alienate the children from their father is the primary issue, then the children should live with [Father] and custody should change.

Child Custody; joint custody; shared parenting; time - share Child custody issues are interconnected with issues of maternity and pregnancy, primary caregiving, parental alienation, child development (education and attachment issues), father's rights, and other family law issues, as well as to issues involving forensic psychologists, guardians ad litem (GALs) and other mental health professionals in the family court system, so check related sections, including those on psychology for other relevant articles.

The court is required to consider the child's best interests when deciding on issues of child custody and parenting time and may be inclined to give primary custody to a parent who is not likely to deploy.

We are dedicated to one day realizing an Illinois Family Court System where mediation is embraced as the primary means for resolving family issues.

The court's ruling noted that the «issue of primary importance» in the case was «the duty of a real estate agent to verify information provided by the vendor about the property.»