Sentences with phrase «recent appeal case»
Some might say that the community infrastructure levy («CIL») is just a tax on developers to fund infrastructure, but a recent appeal case showed that it's also a handy yardstick with which to measure human ingenuity...
https://www.ukrealestatelawblog.com/ Not exact matches
In a recent court case, the 9th Circuit Court of Appeals ruled that the Department of Justice is prohibited from using federal funds to prosecute businesses who operate within state laws regarding medical marijuana.
In this most recent case the City of Burnaby was trying to get the support of the Supreme Court of British Columbia for an issue that it had already lost before the NEB and which, to put it in neutral terms, had failed to attract the interest of the Federal Court of Appeal.
An Indian generic drug company on Monday urged a federal appeals court to reconsider a recent decision that revived a patent infringement case against Google LLC, saying the ruling could spur «vexatious lawsuits» by makers of brand - name pharmaceutical products.
Initially scheduled to report to prison on July 1, Silver's appeal has gained some ground in recent weeks after the U.S. Supreme Court ruled in the case of ex-Virginia Gov. Bob McDonnell that narrowed the definition of an official quid pro quo in public corruption cases.
Lawyers for former state Senate leader Dean Skelos told a federal appeals court in Manhattan that the recent decision reversing the corruption conviction of former Assembly Speaker Sheldon Silver has strengthened Skelos» case for same treatment.
Earlier this month, Silver's lawyers argued that thanks to a recent U.S. Supreme Court ruling, which overturned the corruption conviction of former Virginia Gov. Robert McDonnell, Silver's case, too, would likely be thrown out — and he should be allowed to stay out of prison on bail while he made his appeals case.
As The Guardian has outlined, a recent analogue to this case was Fiona Jones, Labour MP for Newark, who was found guilty of fraud in 1999 — although her case was overturned on appeal.
In arriving at the decision, Justice Saidu relied on the recent Court of Appeal decision in the case of LASWA & Ors vs. NIWA & Ors, adding that the Plaintiffs failed to establish the identity of the land claimed.
As the DWP's most recent figures show, more than half of the cases where someone appealed against a decision judging them «fit for work» have resulted in the original decision being overturned.
A recent appeals court ruling in a case that grew out of PSEG Long Island's expansion of an electrical substation on Old Stone Highway in Amagansett, represents a mixed decision for East Hampton Town, which had sought to hold the utility provider to local zoning laws that would have required planning board review of the project.
Lawyers for former state Senate leader Dean Skelos told a federal appeals court in Manhattan on Monday that the recent decision reversing the corruption conviction of former Assembly Speaker Sheldon Silver has strengthened Skelos» case for same treatment.
An appeals court used a recent Supreme Court precedent to say the jury had been given incorrect instructions in the case.
In the most recent case, the U.S. Court of Appeals for the Second Circuit on June 4 denied a motion by Central Hudson and the PSC to suspend the implementation.
Recent examples include the appeal for dozens of forensic science students to assist in the case involving the missing women in British Columbia, as well as the Chandra Levy case in the United States.
The Court of Appeal (Civil Division) has provided some recent case law on reasonable foreseeability in Hadlow v Peterborough City Council (2011), where it was found against the council.
A fine example is the recent, unprecedented filing by Houston high school students of an amicus brief in the Texas school funding case now on appeal to that state's Supreme Court.
The decision is one of several in recent months by federal appeals courts grappling with cases involving students who create Web pages ridiculing school administrators or fellow students.
Recent additions to the popular case series by Fintie, make it even more appealing to everyone who wants to show her own style and taste.
Their lawsuit contends that the new decision to look at trophy hunting on case - by - case basis should be thrown out because it goes against a recent federal appeals court ruling requiring a public comment period on new rules.
The claimant might have been given hope by another fairly recent case, Delaney v Pickett [2011] EWCA Civ 1532, [2011] All ER (D) 201 (Dec), where the Court of Appeal held that an injured passenger could nevertheless claim despite the fact that the sole purpose of the journey was to transport commercially grown cannabis plants.
For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.
Case 2: Record company EMI has appealed a recent court ruling that the Australian band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.»
Responses to the recent Court of Appeal case of Tina Owens asking the court to overturn a family judge's refusal to grant her an «unreasonable behaviour» divorce, demonstrate the lack of support for the current law.
A recent unpublished Michigan Court of Appeals case explains when and how a pre-existing condition can still result in Third Party damages.
In a recent appeal decision the High Court has thrown out a case on appeal brought under the sometimes controversial Animals Act legislation.
A recent case illustrates how one federal court of appeals applied the assumption of the risk doctrine to preclude an accident victim's ability to recover compensation for his injuries.
In a recent case of Interactive E-Solutions v O3B the Court of Appeal held that exclusion clauses form an essential part of a contract when allocating risks between parties and should not be construed narrowly.
The importance of understanding the identities of the parties to an agreement was highlighted in the recent case of Sino Channel Asia Ltd v Dana Shipping and Trading PTE Singapore Court of Appeal (Civil Division).
He maintains an active practice representing clients in high - stakes and high - exposure cases, demonstrated by his recent role defending Dakota Access in multiple appeals challenging the construction and operation of the Dakota Access pipeline in North Dakota.
Although there are many, many examples of this, another recent case, this time from the Ontario Court of Appeal, shows that unrepresented litigants — who are generally unfamiliar with legal procedure — can unwittingly deprive themselves of the opportunity to assert their rights or put forward helpful evidence at the appropriate procedural juncture.
But the WSIA's restrictive approach to mental stress claims (as compared to its more expansive approach to claims involving a physical injury) is now under constitutional scrutiny as a result of a recent case of the Workplace Safety and Insurance Appeals Tribunal («WSIAT»).
In the recent case of SLG v RTG, 2016 ABCA 186 the Court of Appeal reiterated that the best interests of the child not the interests of either parent governs:
As our personal injury lawyers at Aronberg, Aronberg & Green will explore in this blog post, in a recent Florida Court of Appeal case, the Third District Court of...
Among his more substantial claims, Ed has acted in a recent appeal about the proper measure of damages in a concurrent liability case and led in a professional negligence claim against a criminal silk for his negligent conduct of an 8 - month fraud trial.
In the recent case of Meridian Credit Union Limited v Baig, 1 the Court of Appeal considered the duties owed by various parties to be honest and to not mislead each other during the course of real estate transactions.
In this recent Alberta case, upheld on appeal, the plaintiff was videoed in both of these situations and, based this evidence; the judge found that the plaintiff was untruthful.
He has particular experience of cases concerning the ECHR, and has appeared in many of the most important such cases in recent years including the recent appeals to the Supreme Court in Hesham Ali, MM (Lebanon), Agyarko and Kiarie & Byndloss.
In two recent cases the Court of Appeal have taken a pragmatic approach when considering the issue...
In a recent British Columbia case, an appeal court struck down a law firm's bill because the client hadn't been advised that the firm planned to bill what it considered was a «fair» fee for the work it performed, not simply its hourly rate.
Share This: In a recent case, R. v. Tossounian, 2017 ONCA 618 (CanLII), the Court of Appeal ruled that the trial judge did not do enough in helping a self - represented accused person at trial.
The recent court of appeal case Kish v Sobchak 2016 BCCA 65 stems from a decision made on summary trial regarding a claim by the deceased's spouse to vary his Will to provide for her.
He appeared for the successful claimant in the recent Court of Appeal of Webb which set out the principles to be applied when a claimant beats a Part 36 offer but does not succeed on all issues in the case.
Alex Kozinski, chief judge of the 9th U.S. Circuit Court of Appeals, made that case in a recent speech at Golden Gate University School of Law.
However, as the plaintiff in a recent case before the Georgia Court of Appeals, Guice v. Brown, now realizes, the task can be even more complicated, simply depending on the identity of the other driver.
In a recent case, the 7th U.S. Circuit Court of Appeals was faced with this exact scenario.
is designed to provide reporters, lawyers, educators, and the public with prompt, accurate, unbiased information about newsworthy and legally significant cases pending in and decided by the Federal Courts of Appeals... Use this Web site to find short summaries of recent opinions of public interest and noteworthy cases pending oral argument.
As noted in a recent case at the British Columbia Court of Appeal, the offender, a long - time drug addict, began his addiction to illicit drugs during his first term of imprisonment at a federal penitentiary.
Over the years, the content development went through various stages: first, recent cases from all appeal and superior courts, then from all courts, and so on.
But the Court of Appeal in Clunis did not deal with this proposition directly and particularly since the recent decision in Gray, the scope of the illegality defence in this type of case is less than clear.