Sentences with phrase «rule in its favor based»

A party's request that the court rule in its favor based on the documents on file, without accepting evidence.

Not exact matches

So while there are certainly arguments to be made in favor of a rules - based Fed over the pure discretion of the current PhD standard, such reform should not be viewed as a solution to the real issue, which is a central bank having a monopoly on money at all.

Mainland courts inclined to support Puerto Rico's sovereignty have precedents that can be used as a basis for rulings in favor of the defense.

This week Aereo won a victory — a federal judge ruled in favor of the startup, refusing to block the controversial antenna - based subscription service that takes free over-the-air TV broadcasts and streams them to any Internet - enabled device.

If you are a new trader, simply following the rule - based approach of our proven trading system can immediately stack the odds in your favor, while also improving your chart reading skills.

The high court left in place an August 2017 ruling by the New York - based 2nd U.S. Circuit Court of Appeals in favor of the state.

In place of traditional American liberty based on the principles of limited government, Obamacarians are erecting a bureaucratic state, complete with centralized control, cronyism, ideological impositions, benefits to favored constituencies, ever increasing dependencies, spiced with an anti religion agenda that would force religious non profits and charities to choose between their service missions and following the precepts of their faith (through the Free Birth Control / Sterilization / Abortifacient Rule for now, more later).

In 2007 Little League Baseball dropped its decades - old pitching rules - which limited pitchers age 12 and under to six innings per week and six innings per game, with the number of innings increasing for older age groups - in favor of rules based on pitch counIn 2007 Little League Baseball dropped its decades - old pitching rules - which limited pitchers age 12 and under to six innings per week and six innings per game, with the number of innings increasing for older age groups - in favor of rules based on pitch counin favor of rules based on pitch count.

His conviction was overturned on the basis of a recent U.S. Supreme Court decision that ruled that those favors have to be in the form of concrete actions, such as filing a lawsuit or holding a hearing.

Although based on Lamberth's previous rulings in the case, he seems likely to rule in favor of the plaintiffs and issue a permanent injunction, Robertson predicts that stay or a new version of it would remain in place while the decision is appealed.

When you're hanging outside, skip your signature scent in favor of bug spray, says Debra Jaliman, MD, New York City - based dermatologist and author of Skin Rules.

They keep a solid framework and introduce fresh rules, without throwing game balance to the wind in favor of frenetic (albeit fun) item - based chaos.

If the judge again rules in the parent union's favor at a hearing later this month, parents who signed the trigger petition will vote Oct. 18 on one of two local nonprofit charter operators that submitted bids to take over Desert Trails in the fall of 2013: the Lewis Center for Educational Research, which runs a popular charter school with a focus on science and project - based learning, and LaVerne Elementary Preparatory Academy, which partners with a university and has a focus on classic literature.

A Los Angeles County Superior Court judge ruled in favor of the plaintiffs in 2014, finding that five long - standing teacher job protections, including a two - year probationary period for new teachers and a layoff system based on how many years one's been teaching, violated students» constitutional right to an equal education.

The jury ruled in favor of the school system, based on a lack of evidence.

Suburban districts, after all, also have to deal with quality - blind seniority - based privileges such as reverse - seniority layoff rules, pay scales that favor seat time over performance, and restrictions on the use of objective student test score growth data from use in teacher evaluations.

Some states treat subrogation attempts on a case by case basis, in an effort to avoid creating a blanket ruling in favor of either side which would be applicable to future cases.

Last week, a United States District Court ruling in the Central District of California, Timothy D. Reuben v. United States, disagreed with other courts that have considered the question and held in favor of the IRS, finding that the shares had zero basis.

Broadly, those companies within a single economy play under the same rules / law (emphasis on broadly, i know there are companies that get special favors, etc) and thus their performance is based mostly on the people at those companies outhustling, outsmarting or outinventing their peers in order to perform better.

U.S. District Court judge rules in favor of more habitat protections for jaguars Just this month, U.S. District Judge John Roll ruled that a U.S. Fish and Wildlife Service decision not to designate critical habitat for the jaguar and develop a recovery plan for the endangered animal was based on incorrect criteria.

The court ruled in favor of the plaintiffs on the basis that the driver was in a position to monitor their blood sugar but failed to observe the necessary precautions to avoid a hypoglycemic attack.

The court refused to rule on the trial court's award of the $ 65,000 from the joint account to wife, because it did not rule in husband's favor on his argument to reopen and for a continuance, but it did allow the trial court to reconsider equitable distribution based on the record, in lights of its reversal of the GI Bill benefits.

Notwithstanding the liberal «relation back» principles of the Federal Rules of Civil Procedure, and despite the plaintiffs» claim of «fraudulent concealment,» the Appellate Practice Group secured an award of summary judgment in favor of all additional defendants based on the statute of limitations defense.

The Alabama Supreme Court upheld the trial court's ruling in favor of Rockwell on the basis that the Plaintiff's product liability claims could not go forward because the Plaintiff failed to establish through competent evidence that any Rockwell product was defective.

District Court amended its original claim construction order based on the PTAB's ruling and granted summary judgment of non-infringement in favor of Ford on the ground that the express disclaimer prevented the patent - in - suit from covering Ford's vehicles.

The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government for its alleged negligence, based on sovereign immunity grounds.

For example, in the case of Fiberglass Coatings, Inc. v. Interstate Chemical, Inc., a Florida trial court judge ruled in favor of the new employer and dismissed the tortious interference claim brought by the former employer based on hiring the employee who had a non-compete contract.

While such modifications (or transformations) were comprised of a number of elements, two of the most essential were: (i) the adoption of a scheme to regulate entities in addition to individual lawyers, and (ii) a move away from proscriptive, rules - based regulation in favor of compliance - based regulation (also termed «proactive, management based regulation,» or, in England and Wales, «outcomes focused regulation»).

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claiIn the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claiin favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claiin support of his medical malpractice claim.

As I predicted in early January based on the official recording of the appellate hearing, the United States Court of Appeals for the Federal Circuit has thrown out the 2014 district court ruling in Apple's favor (which was already a major disappointment for Apple, as Apple got only about 5 % of the roughly $ 2.5 billion it originally wanted).

Some states treat subrogation attempts on a case by case basis, in an effort to avoid creating a blanket ruling in favor of either side which would be applicable to future cases.

The 9th U.S. Circuit Court of Appeals ruled 2 - 1 in favor of two Anchorage landlords fighting Alaska's ban on housing discrimination based on marital status.

Based on these facts, the court affirmed the trial court's ruling in favor of the Lender.

Thus, no misrepresentations were made by the Salesperson and so the court ruled in favor of the Salesperson and Brokerage (and also dismissed the cross-claim made against the Buyer's Representative, as those claims no longer had any basis).

The trial court ruled in favor of the Vendor and entered an injunction preventing WIRE from accessing the Municipalities databases, basing its decision on the copyright claim alone.

Based on all of the factors, the court determined that there was the likelihood of confusion between the two marks, so it ruled in RE / MAX's favor and ordered cancellation of the mark.