Sentences with phrase «prior case law»

This is also consistent with prior case law pertaining to insurers reviewing new evidence regarding denied claims.

Prior case law makes it clear that absent an actual prior custody order, such custody cases are treated as initial action.

The Superior Court reversed, relying on prior case law the defined cohabitation as two persons of the opposite living together as husband and wife.

The Association's lawyer (hired to represent the Association, not individual homeowners) presented the board members with information about prior case law which directly affects how the Board should handle a specific topic.

Since prior case law supported the ISP's argument that it was not liable for direct infringement and Congress had not specifically overruled the case relied upon by the trial court, the court affirmed the ruling of the trial court in favor of the ISP.

I don't expect to be lucky enough that this precise clause has come up in prior case law; I'm hoping for other instances of illegal clauses, so I can include links in a risk analysis to show any general trend of «this has or has not been problematic for similar cases».

The court relied upon prior case law, including the case of Simpson v. Global Warranty, 2014 (ONSC), which determined that a constructive dismissal claim does not necessarily void a negotiated termination clause.

Most courts and attorneys will look at prior case law to determine what judges and juries have awarded in the past for similar injuries.

The Court had no difficulty applying prior case law to rule that where a fixed term contract is terminated early with no valid early termination clause, the employer is potentially liable for compensation over the balance of the term — no matter how long.

In a significant departure from prior case law, the court can consider the move itself as creating a «significant detriment» that would trigger a best - interests determination as to which parent should have custody in light of the move.

The Court found that prior case law did not support the first argument, as earlier cases involved economic development takings.

Looking at the Statute, the court did not find any evidence that the Minnesota legislature had intended to overrule prior case law when it enacted the Statute.

First, there could be a jury instruction that defines the phrase (presumably derived from distillation of prior case law); second, they could assign the expression the «plain meaning».

The Brokerage argued that it was entitled to receive the commissions because it was the procuring cause for the sales, based on prior case law.

The court found that allowing such a claim was consistent with the purposes of the State building and sanitary codes, the Restatement (Second) of Property (Landlord and Tenant), and prior case law which recognized the duty of landlords to protect tenants and their lawful guests.

Prior case law supported the Brokerage, as precedent established that funds held in escrow which were to be used in part to pay a broker's commission could not be claimed by a judgment creditor of the seller.

However, I see a difference between the prior case law of the CJEU dealing with the «merits of the case» — namely Miraglia — and Kussowski.

But the court heard no submissions from any of the parties on how or if these factors or prior case law should contribute to the hard cap.

There was no mention of any of the prior case law that had been consistently followed by lower courts in recent years that required termination provisions to mention benefits in order to be enforceable.

Your potential success in reaching a justified and fair settlement will depend on a number of factors, including the facts at hand, prior case law, the competency of your legal team, and how well documented your evidentiary record (of the accident) is.

Whereas prior case law would not be binding on the provisions of a code, the provisions of a legislative statement would be considered to be the product of prior case law, as were the provisions of the Criminal Code when first enacted in 1892.

The court also found that there was no conflict between the Statute and prior case law, as the Statute merely proscribed the requirements for a protection clause in a listing agreement.