Sentences with phrase «se rules»

There are some risks in per se rules on second opinions, but there may be business risks in not having them.

In so holding, the Court rejected the Commonwealth Court's reliance on a per se rule that volunteer ambulance companies are not entitled to immunity.

There is a majority opinion that says Judge Posner had erred to the extent that he applied a per se rule that injunctions are unavailable for SEPs, yet affirms his decision to deny SEP - based injunctive relief in this case because, among other things, «Motorola's FRAND commitments, which have yielded many license agreements encompassing the» 898 patent, strongly suggest that money damages are adequate to fully compensate Motorola for any infringement».

Oct. 14, 2015), the United States District Court for Eastern District of Texas found that not only did B&B Hardware not establish a per se rule of exclusion in trademark disputes, «it is far from clear [whether] the Supreme Court intended for its narrow holding in B&B Hardware to per se extend to patent proceedings.»

The plaintiff in the case argued that the court should not adopt a per se rule regarding the age at which a child can be held liable, but it should look at each case individually.

And, if so, the provision is simply badly tailored to become a per se rule — which should allow for a case by case scrutiny of the information provided to consumers (ie the «false impression» prong of the text) as well as of the actual costs necessary to redeem the prize (as ruled by the High Court of England and Wales).

This is by no means a per se rule, however.

Not exact matches

• Regarding Rule 1: Although Benefit Restaurants is not a going concern per se, it may as well be.

We don't have rules per se, but in our relatively short journey as a company, we made conscious choices about what... Read the blog post

«The Tibetan leader answered that Marx was not against religion or religious philosophy per se but against religious institutions that were allied, during Marx's time, with the European ruling class.

A second blow to the revolving door system came in 1966 when the Federal Court of Appeals ruled, in effect, in the Driver and Easter cases, that public intoxication per se is not a crime.

So the question shouldn't be whether or not there was contact per se, the question should be if the contact was inside or outside the bounds of the rules.

George Evans didn't want to swap shirts with him, but Wayne Rooney's record breaking (or tying, per se) ruled the day at Old Trafford.

I don't «follow the rules» of positive discipline per se, but my daughter and I have a smoother relationship, imo, because I take the time to get on her level and help her process her emotions.

Note that my derivation of the separation of powers from the rule of law does not specify the extent to which the executive branch is answerable to, or drawn from, the legislative branch; thus it neither endorses nor rejects the Westminster system per se, although it does warn against tight party discipline that results in a domination of Parliament by the Executive.

«The court notes that this is not a disciplinary proceeding and therefore the question of whether the U.S. Attorney's extrajudicial remarks violated any ethical rules is not, per se, before the court,» she wrote.

But in many, many cases concerning authorship, the student or faculty member would be much better off trying to reformulate the basic rules rather than addressing the present case per se.

At a briefing earlier this year, Joji Morishita, Japan's representative to IWC, said that the plan was crafted to conform to the ICJ ruling, which, in Japan's view, did not rule out lethal sampling per se but called for stronger scientific justification.

And it's not that you shouldn't get a biopsy per se, it's that, look if you get a biopsy and it's negative and you suspect gluten, you shouldn't rule gluten out just because the biopsy is negative.

Also, some of these aren't rules per se, but more like observations or insights.

Whether this turns into rule of reason / quick look / per se illegality is largely going to depend on what action RWA takes in the future.

At the point when RWA's behavior crosses over from the mere setting of standards for individual authors» benefit, into trying to force Harlequin to adopt a business model that pays all its authors a minimum advance of $ 1000, you cross from rule - of - reason antitrust territory (translation: plaintiff loses) into per - se illegality (translation: plaintiff wins), at which point all questions about market effect go out the window.

In a similar fashion, there are sufficient facts at issue in the question of RWA's ability to restrain trade to make this a rule of reason case, not per se illegality.

No such rules have been violated here; it's simply that the «se» in «per se» has been spelled incorrectly.

JM: One thing I like most about flash fiction is there really are no rules per se.

The financial markets do not follow rules per se — they bend the rules, twist the rules, buck the rules, and skirt the rules at every opportunity.

I'm not against high interest rates or fees per se, hey we are taking a loan out with the card companies when we use their cards, but the rules need to be fair and easily understood.

Portfolio rule 6 does not deal with accounting per se, but management behavior with free cash flow.

There are three se parate fe deral stud ent graduate loans available, each of which has different eligibly requirements, limits and repayment rules.

Rules based policy is not impossible per se.

I am not a feminist, per se, as the path had been cleared before me, but I certainly had my share of experiencing being a woman artist in the»70s in Southern California when male artists ruled.

What's more, this discussion is often not about logic per se (e.g. rules of deduction and fallacies that result when they are violated) but the use of analogies as Lindzer's dirt kick and rock scenarios.

The issue of climate change, per se, is not part of the WTO's ongoing work programme and there are no WTO rules specific to climate change.

In order to survive judicial review, federal rules must be reasonable, per se, and also the product of a reasonable rulemaking process.

Two that the claim of consensus was not up to par with reality, that science was affected / ruled by something else than science per se.

In sum, EPA's Carbon Pollution Standards rule is unreasonable, per se; it is also the product of an unreasonable rulemaking process.

Trade and Climate Change The issue of climate change, per se, is not part of the WTO's ongoing work programme and there are no WTO rules specific to climate change.

«Justice is asking the court to take these well - established rules to the logical next step and recognize that as a member of the class intended to be protected by Oregon's anti-cruelty statute, Justice may bring a negligence per se claim based on the standard of care in the anti-cruelty statute.»

These include pro se filers, the incarcerated and others who file under the court's in forma pauperis rules.

State and local jurisdictional rules notwithstanding, the ABA concluded that ghostwriters make no statement of any kind to the tribunal as to the type or degree of legal services provided to the pro se litigant.

Here are the ethics rules on ghostwriting for pro se clients in all 50 states and the District of Columbia.

Other applicable ethical rules, statutes, court orders, and other sources of law (or even as a prerequisite for the pro se litigant to recover attorney's fees covering the cost of ghostwriting in some states) may nevertheless compel disclosure.

And where no «referral fee» per se is paid, but some other exchange is made (such as an agreement to reciprocate with referrals back to the other attorney or where another gift is given to the referring attorney), ethical rules covering advertising, including Model Rule 7.2 may come into play.

Given these differing perspectives, the referring court asked the Court to give «an unequivocal ruling on whether... the general and indiscriminate retention of electronic communications data is per se incompatible with Articles 7 and 8 and 52 (1) of the Charter» [50].

In both instances the clerk is required to set the rule within 30 days of the pro se affidavit being filed.

More fundamentally, why should certain non-discriminatory national measures, including rules on shop trading hours, fall outside the scope of the Treaty per se but not others if their effects on intra-EU trade are the same?

As to Article 102 TFEU, I would be inclined to say that this ruling puts exclusionary effects outside the Article 102 TFEU per se box, if they are appreciable.

First and foremost, that assessment refreshes an important statement of principle: non-discriminatory rules on retail trading hours fall outside the scope of the Treaty per se (see earlier e.g. Joined Cases C - 69 / 93 and C - 258 / 93 Punto Casa).

As the Commission keeps repeating in its press releases, tax rulings are not problematic per se.

The Court's unanimous ruling in Sprint v. Mendelsohn held that «federal rules... do not make [me too] evidence per se admissible or per se inadmissible.»