Sentences with phrase «real issue of fact»

In layperson's terms, this means that the judge finds there is no real issue of fact or law and rules in favor of the carrier without the case ever going before a jury.

Not exact matches

While it's true that manufacturing employment in the United States has been on the decline for decades, and that this trend has cause real economic suffering in parts of America, the simple fact is that too few Americans are employed in manufacturing for it to be an issue that really animates the electorate.
It is APF Canada's belief that a constructive and inclusive dialogue on the issue of foreign ownership of residential real estate in Vancouver be predicated on hard data and corroborative facts.
APF Canada Disclaimer: Given the controversial nature of this topic, APF Canada has attempted to provide a transparent, fact - based backgrounder that, while referencing the main studies published to date on the issue of foreign - ownership in Vancouver real estate, does not delve into a rigorous academic critique of these studies.
The issue of foreign - ownership in Vancouver's residential real estate is becoming increasingly divisive and an inclusive, fact - based discussion of the issue is long overdue.
In fact, let me quote the NP::» The issue of being gay in the church is a very real issue today, one I wish to address and deal with,» ---- And so, when you say to me::: «you have a big thing about gays...,» David's words say it all ------»... being gay in the church is a very real issue today.»
No, none of those justifications changes the fact that his heart is in darkness, which is the real issue — his deeds are a symptom, not the disease.
The problem is complicated by the fact that there are real issues of justice and defence of values in any important conflict.
The real issue is not the threat such projects pose to the authority of the home and school, but the fact that young people come to high school so dismally uninformed religiously by home and church that responsible educators feel obliged to take up the task.
All of this focus on the whole nonce - ponce issue overshadowed the real issue at hand — taking attention away from the fact that many people still believe footballers are overpaid.
It's the same old story with AW and the board and always the cheaper option, despite the fact that we COULD actually challenge for trophies next season as other issues have now come into play, Wenger will say «well we would buy Suarez but he's not available, Benzema does not want to leave Real Madrid» ect ect ect, but these are always excuses after the event these players would move if the right offer was made we could have got Higain two seasons ago the attempts at getting Suarez were truly farcical AND Im not convinced that it wasn't done that way so as to make it look like we tried when really we had no intention of paying 40 million for him.
(1) this squad has way too many moving parts and very few of our players are good enough at their preferred position let alone relying on them in whatever position Wenger and his magic eight ball decide in the tunnel prior to the game... when teams do this it generally signals issues within the club, much like Jose last year and Van Gael before him... no one gets settled, the chemistry is almost non-existent and if provides a built - in excuse when the team comes up short... these issues fall squarely on Wenger, both for his decisions regarding players coming in and for his inability to rid the team of those players who aren't cutting it... in actually fact we have only 6 real starters on this current squad and that's being generous (Sanchez, Ozil, Lacazette, Sead, Kos & Cazorla)... which is discouraging because Cazorla is injured and might never play again, Sanchez is wanting out and the club is lying to us about his injury status, Lacazette receives no service, Ozil is relatively disinterested out there, Kos is getting up there and Sead is just trying to settle in... there isn't a single other player that would start regularly on any of the other top 3 teams, which should be the standard... imagine this team moving forward if Wenger only sells before the window closes
Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really wareal future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really waReal or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...
much like when a country can't divulge highly classified information publicly for obvious economic and military reasons, a professional soccer organization must keep certain things in - house so they don't devalue a player, expose a weakness, provide info that could give an opposing club leverage in future negotiations and / or give them vital intel regarding a future match, but when dishonesty becomes the norm the relationship between cub and fan will surely deteriorate... in our particular case, our club has done an absolutely atrocious job when it comes to cultivating a healthy and honest relationship with the media or their fans, which has contributed greatly to our lack of success in the transfer market... along with poor decisions involving weekly wages, we can't ever seem to get true market value for most of our outgoing players and other teams seem to squeeze every last cent out of us when we are looking to buy; why wouldn't they, when you go to the table with such a openly desperate and dysfunctional team like ours, you have all the leverage; made even worse by the fact that who wouldn't want to see our incredibly arrogant and thrifty manager squirm during the process... the real issue at this club is respect, a word that appears to be entirely lost on those within our hierarchy... this is the starting point from which all great relationships between club and supporters form... this doesn't mean that a team can't make mistakes along the way, that's just human nature, it's about how they chose to deal with these situations that will determine if this relationship flourishes or devolves..
I brought up the issue of other strikers from top teams to highlight the fact that in the real world strikers do not always score goals in each game.
Anyway, the fact that all of these names are in the past - and by some distant past at that - is a real issue.
There are many inside the camp which believe Europe isn't beyond, with confidence and self belief clearly not an issue for the team, and despite the fact their away record wasn't the best last term, another win, their second of the campaign, is a real possibility.
I circle back to the fact that Badinter's book and all the others like it are distracting us from addressing the real issues that, unlike co-sleeping and breast - feeding, truly do undermine the social and economic status of American mothers: issues like the inability to find and pay for quality childcare and the lack of paid maternity leave.
You know, the real problem is the fact that this sort of thing has become so accepted and commonplace, that no one even wants to look at a lawsuit involving hospital birth issues.
Of all the issues that dominated legislative debate in last year's session, rent control and 421 - a tax abatements had the most potential to drive a spike in donations from one sector; the fact that contributions from the biggest real estate developers ebbed made it difficult for 2015 to compete with prior years.
«These two attack dogs [Koku Anyidoho and Kofi Adams] engaging in the monotonous acts of character assassination to avoid the real issue, deliberately repeated similar unfounded accusations against me that I had creditably refuted with supporting facts and evidence, which the very media carrying the recycled accusations had published in previous years.
At the same time though, this is often used as a way of sidestepping the real issue — a quick joke distracts from the fact that the arguments for the retention of the sculptures are all relatively weak.
Legislators have been so distracted that the first two weeks of post-budget session have slipped by without much real legislative action, despite the fact that there is a long list of high - profile issues unsettled in the budget.
«This is the real scandal in Albany, the alarming fact that state government has stood by and done nothing as generation after generation of students have passed through failing schools,» Cuomo said in a series of press releases he issued Thursday naming each failing school and the legislators whose districts they are located in.
There is an alternative: by linking referendums with complementary forms of deliberative and participatory democracy, people have the opportunity to learn and discuss the real facts and issues before being required to make a final decision.
Flanagan quickly shot down Cuomo's efforts in a statement, rejecting the LLC loophole as a reform issue and insisting reform efforts should focus exclusively on reforms related to activities of Mayor Bill de Blasio, despite the fact that his predecessor, Skelos, was convicted on corruption charges that involved the influence of real estate groups that have flooded legislators» campaign coffers with donations through the loophole.
There is only one problem here, these methods of testing have one main problem; they miss those people who have Non-Celiac Gluten Intolerance (NCGI) because there will be no real problems with the small villi in the small intestine, and the patient will be seen as NOT having any real issues with gluten, when in fact they can still be sensitive even with a negative biopsy.
The only real problem with spinach, outside of the goitrogens discussed in the kale article which only really cause issues in people with thyroid problems anyway, is the fact that it's one of the very worst foods in the world for pesticide contamination.
A tough - talking priest (Bryan F. O'Byrne) lambastes him at one point for a choice that Frankie has concerning a paralyzed friend, but because the film feints and dodges at moments of real crisis, the fact that a lot of Catholics were polarized by their clergy this last election over issues of stem - cell research is never broached.
In fact, we have to say that our main (only) real issue with the film was that we wanted more: Jodorowsky's presence is like a gently hallucinogenic and instantly addicting drug, and 90 minutes of it just isn't enough.
One of the problems, one of the biggest issues in it, was there was no real data on the number of Indigenous teachers that were in fact out there, other than that 72 that Hughes and Willmot counted back in 1979.
Whether witchcraft is real or not is simply not at issue here because, for the people of Tierkinddorf, it is undisputed fact.
I have issues with the lack of native PDF support, but the fact that I don't have to get Amazon's permission to copy Project Gutenberg works to the Kindle makes it a real winner for me.
That said I think the real issues with eBooks have little to do with the advantages of print versus electronic but more to do with the fact that eBook reading devices and software aren't taking enough advantage of the «electronic nature» of eBooks.
In fact, TDDI has a specific nerve - centre that tracks issues as they arise in real - time and consists of a dedicated team monitoring the integrity of the trading platform, servers and network.
This answer makes no reference to the fact that the OP is not a resident of the US, which is the real issue of why the withholdings are done.
We can inadvertently be the cause of our dog's pain (read more here), their conformation can make certain acts uncomfortable (I've come across many people who consider it a real achievement to convince a greyhound to sit, despite the fact that it is not a position most greyhounds would ever adopt naturally, as they're simply not the right shape for it), or they could have an underlying health issue.
This interactive presentation will test attendees» «Employment Law IQ» using examples and fact patterns from real cases involving wage / hour issues, management of medical leave / accommodations, employee terminations, retaliation and confidentiality / non-competition, among other topics.
In fact, the only real issue with PlayStation VR's catalogue of games is the rather absurd pricing structure.
It's a real shame that some questionable game design choices and easily fixable technical issues have overshadowed the positive elements of the game and obscured the fact that Downpour takes a very big step in the right direction by bringing the series back to its roots.
But if these artists have found places to work in Europe and North America, they have also had to contend with the fact that many of the social and religious issues they faced in traditional Muslim countries now confront them in different but no less real ways in Europe and, to a lesser extent North America.
And shouldn't it have helped reduce the element of surprise that a National Academy of Sciences study already concluded that the warming seen in the surface station record was «undoubtedly real,» that Menne et al showed that highly touted station siting issues did not in fact compromise the record, that the satellite record agrees with the surface record in every important respect (see Fig. 7 here), and that numerous independent studies (many of them by amateurs) also confirmed the warming trend?
4) Some say that whatever you think about the dangers of global warming, this kind of language inevitably becomes the issue, distracts from the real questions, and could in fact further polarize or paralyze discourse.
In fact, as with climate, there are real issues related to spin and the realities of the scientific and economic research, but there is also strong evidence for a real problem deserving a response.
Mis - direction is a common tactic of evaders, listing irrelevant facts is another as it distracts weak - minded people from the real issues.
At first I accepted the «consensus» and did have deep concerns about the effects of anthropogenic contributions to our atmosphere, but as more and more true scientists began to speak up, as more and more real facts became available and as the transgressions of the IPCC and its government consensus makers became exposed, I became more conscious of the complexity of the issues.
The real issue that the «climategate» leaks expose is that many of the «scientists» involved are more concerned with promoting their ideology than with finding the facts.
Have you considered that the economic risks of drastic carbon cutting and therefore access to cheap energy for developing economies, not to mention distractions from real and present infrastructure and land - management issues (a very likely factor in the recent Pakistan floods) under the catch - all label of global warming, may in fact represent a blind alley that contributes to a fatality risk for many of the world's poorest people of at least an order of magnitude greater than 1 %?
Yet who despite lack of relevant expertise, do not welcome the appraisal of experts — and on this topic the experts are those scientists in directly related fields who professionally study this issue — but often, at least with the more general anti climate change efforts that have massively skewed the «discussion,» in fact often expend a great deal of effort to find any possible fault, real or imagined with anything they assert, then erroneously turn that into a refutation of the broader issue, along with, often, denigrating climate science efforts, and often climate scientists.
But naturally he is a favorite source of the skeptic, who cling to anything, and anyone, that can possibly support their «argument,» or be used to dismiss, ignore or misconstrue the real issue, or relevant facts
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