Sentences with phrase «second issue of the case»

Not exact matches

The second tranche of the issue covering the $ 6million deliberately held back after the successful $ 21million ICO in December, comprised investors seeking a $ 600 commitment, and who were given a 24 - hour advantage... after that it was a case of first come, first served.

The second writer on each case is responding to the presentation of the first, so the issues are clearly developed and disagreements fully engaged.

It may be that Kelley had «domestic issues», or «mental health» issues, or other factors (as is so often the case, real life stories are usually far more complex than the 24 hour / 24 second sound bite culture we live in) and that his expressions of hatred against Christianity were only secondary factors, if factors at all.

A second issue has to do with justice — in this case, justice for the emerging new nations of the Third World.

That hasn't been the case, however, as the MCL33 suffered some kind of issue on the first three days of the second test and has now completed the «full set» by breaking down on the final day as well.

No sooner did the UPMC study issue, however, then came a second study by the Virginia Tech - Wake Forest researchers [4]- this one of an older group of 9 - to 12 - year - old football players - which found that reducing the number of head hits in practice did not lead to higher force impacts during games, precisely as they had predicted would be the case if the amount of contact was reduced during practice, and pouring a significant amountg of cold water on the UPMC study.

There was a second case at the tribunal on the same issue, called Secretary of State for the Home Department v Pankina.

Chautauqua County Court Judge David Foley dismissed the charge of second degree manslaughter against 34 year - old Thomas Jadlowski in a ruling issued on Wednesday, saying District Attorney Patrick Swanson erred when he presented the case in front of a grand jury while seeking an indictment.

«When the second grand jury was presented with all of the evidence and was issued the proper instructions in deciding the case, they courageously came to the right and proper decision,» he said in a statement.

Because a quake's strength isn't clear at first rupture, emergency response managers face a choice when issuing warnings: Issue alerts early and often (left), which could provide as much as 48 seconds of warning that light shaking might occur but risk false alarms; or wait to issue alerts until the size of the quake is better known (right) but risk the warnings arriving too late — providing an 8 - second warning in this hypothetical Issue alerts early and often (left), which could provide as much as 48 seconds of warning that light shaking might occur but risk false alarms; or wait to issue alerts until the size of the quake is better known (right) but risk the warnings arriving too late — providing an 8 - second warning in this hypothetical issue alerts until the size of the quake is better known (right) but risk the warnings arriving too late — providing an 8 - second warning in this hypothetical case.

In case where further environmental solutions were implemented, e-EcoSolutions will perform a second and final audit following to the incorporation of these new solutions, and subsequently issue your Green Schools certification.

The issue with HFT, however, is there are cases where the market goes against the HFT algorithm and the algorithm continues to execute trades driving prices up or down by large amounts in the matter of minutes or even seconds.

For the second time, an Ohio bill was introduced to make modest improvements in animal cruelty penalties and establish the authority of judges to issue orders of protection for pets in cases of domestic violence.

And, in case you missed it, you're enjoying Issue Number Two, looking back at the second week of December 2015.

Against certain enemies, I was able to roll between the legs without issues and in case of some others (especially bosses) I kept rolling into them only to be hacked to death, a problem which was most prevalent against the second boss.

Nearly all of the assertions by the Australian blogger in the second chart were inflammatory and untrue, with only thin threads leading to legitimate issues (one being that the Intergovernmental Panel on Climate Change, as noted in a review by the Dutch environment agency, has traditionally focused its summaries on worst - case outcomes and left out potential positive effects or other factors, like population growth, that contribute to climate vulnerability).

On October 1, the Supreme Court heard a second round of arguments in the case specifically concerning the issue of the extraterritoriality of the US Alien Tort Statue (ATS).

Feed it to CARA, and in just a few seconds it will spit out a list of cases that are relevant to the issue but that your opponent has left out.

In the case of currency, live checks, and items 1 - 5 of the second list, the basic issue is that it is customary to transfer and assign the rights arising under these documents by transferring physical possession of them, without recording the transfer in a central registry.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

This case emphasizes that it is the condominium corporation's duty to fully investigate the cause of any second - hand smoke migration, especially when the owner complaining has health issues resulting from, or exacerbated by, the second - hand smoke.

This is the second in a series of posts containing summaries of Pennsylvania case law on the issue of double dipping in divorce.

[13] On the second issue, the case management judge concluded that the issues would require a prolonged examination of documents and a scientific examination within the meaning of the sub-rule, but rejected the argument that the examination of these documents and expert reports could not be made conveniently with a jury.

So let's give Mr Justice Coulson an eight per cent over base increment in his salary for venturing into the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD (I) A 1998) in Ruttle Plant Hire Ltd v Secretary of State for the Environment, Food and Rural Affairs [2008] EWHC 730 (TCC), [2008] All ER (D) 191 (Apr) which involved the determination of 17 issues in the second round of preliminary issues in the case.

On Wednesday, the Second Circuit issued an opinion on an interesting question of trial practice and procedure: Is it permissible for the jury in a criminal case to take the indictment home to read on their own time?

A fascination of this case is to watch a judge treading a careful path between the technicalities of issue estoppel and a possible strike out on the one hand, balanced against a clear emphasis on the court's duty to protect the welfare of a child in the widest possible sense: the first a matter of analysis of law, the second a matter of pure discretion.

-- Second, in my view the study would have gained from fleshing out in greater detail some of the key cases with a more detailed treatment of the competing arguments in order to add not just colour to the text but also to allow a deeper understanding of the issues — at least for the reader.

A week later, the second case Mr Mark Sands (as Trustee in Bankruptcy of Mr Tarlochan Singh) v Mr Tarlochan Singh & Others [2016] EWHC 636 (Ch), [2016] All ER (D) 209 (Mar) revisited (along with other matters) the issue of whether a sealed financial order and a consequential deed of trust dealing in the former matrimonial home could be set aside on the basis that it was either a transaction at an undervalue for the purposes of s 339 of IA 1986.

This is the second time that the ECJ was confronted with the issue of trade in seals, after having dismissed an earlier appeal to the order of the General Court in an action for annulment of Regulation No 1007/2009 on the basis of lack of admissibility (Case T - 18 / 10, Inuit Tapiriit Kanatami I, EU: T: 2011:419).

If the Federal Circuit also held claim 8 of the» 915 patent invalid, that fact alone would require a third trial in the first Apple - Samsung case (and unlike in the second one, the majority of all products would be at issue in that event).

A large number of pleadings were exchanged before, the second defendant issued an application in the TCC to transfer the case from the county court to the TCC under CPR 30.3 (2) and para 2.1 of CPR Pt 60 PD.

Second, it raises the issue of whether or not a judge ought to decide, in advance of the hearing, and in the absence of oral submissions from counsel, whether or not oral evidence is necessary in a particular case.

Such a case may start from Ukraine in terms of negotiations, then proceed judicially in Greece, security measures (ship arrest) may be taken in Romania; when it comes to enforcement of the judgement, and a Russian insurer is involved refusing to pay under LOI issued for release of the ship in Romania, you have to initiate enforcement proceedings in Russia, whereas the said vessel may have been arrested by the claimants for the second time in Bangladesh, on the same claim against the new ship owner, where the court decides that it will hear the case against the latter on the merits.

Article 1, 1st Protocol Article 1 contains three rights, but the one most in issue in these cases is likely to be in the second sentence of the first paragraph: «No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.»

Accordingly, the tribunal in this case should have asked itself two questions when deciding the issue of dishonesty: first, whether the first appellant had acted dishonestly by the ordinary standards of reasonable and honest people; and, second, whether he had been aware that by those standards he was acting dishonestly.

Newcastle Upon Tyne Hospitals NHS Trust v Armstrong [2006] IRLR 124 (Court of Appeal), and on a second appeal, [2010] ICR 674 (EAT) Instructed throughout this long running equal pay case which, on appeal, raised issues of the selection of comparators and the material factor defence in equal pay claims.

The case presents two procedural issues under the AIA trial format: First, whether the PTAB should construe claims during an IPR using the USPTO's «broadest reasonable interpretation» (or «BRI») construction standard; and second, whether the PTAB's decision to institute review is subject to review by the U.S. Court of Appeals for the Federal Circuit.

Second, discovery requests must now be relevant and «proportional» to the needs of the case, with proportionality being measured against the importance of the issues and the amount in controversy, among other factors.

This issue often arises in the case of second marriages.

His case had failed in the Tribunals but the Court accepted that it raised issues of special public importance such as to surmount the «second appeals» test, notwithstanding that it had been twice refused permission to appeal to the Upper Tribunal.

This style of anonymous judgment has generally been focused on constitutional issues down three different tracks: first, reactively to federal but not provincial reference cases; second, defensively on issues impacting directly on the judiciary; and third, proactively on constitutional issues at the Court's internal discretion.

The second set of «By the Court» judgments involves cases that deal with issues that relate directly to the judiciary as an institution, sometimes focusing on the Supreme Court itself and sometimes involving more general matters.

The second case study deals with a very different issue, namely «the» hot intellectual - property debate of summer 2014: If a monkey takes a selfie, who owns the copyright?

I suspect that my client will win on that issue, but if his predecessor in title had simply given notice to himself as required by statute and kept proof of doing so, this case might never have gone to court, instead of having to be litigated to the second highest possible appellate court in the land, saving huge amounts of money and time and aggravation and this would have made his successor's title more secure.

The areas of concern included avoiding bad faith, dealing with a second case arising out of the same accident, apportioning payment of the insurance proceeds, and claims handling issues.

In the second case, SAS Institute, Inc. v. Iancu, No. 16 - 969 (U.S. Apr. 24, 2018), the Court rejected the USPTO's interpretation of 35 U.S.C. § 318 (a), which requires the Patent Trial and Appeal Board («PTAB») to issue a final written decision on the claims challenged by a petitioner at the conclusion of an IPR trial.

The majority did however reject (at paras 66 - 78) IFP's contention that correctness should be the standard for all issues given the circumstances of this case in which one judge conducted the trial but a second judge rendered judgement.

The Canadian Human Rights Tribunal issued a second Compliance Order against the Government of Canada on the First Nations child welfare case on September 15, 2016.

The case then went forward and Judge Chin ultimately issued his decision of finding that there were no copyright violations and that brought the case to the Second Circuit.

Medical Malpractice / Birth Injuries: In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers.