Sentences with phrase «settled by appeal»

The Factual level: disputes over «matters of fact» a) not only observational, but all claims about the world b) disputes are settled by appeal to methodological level c) at this level the rules are taken as given

Not exact matches

Agreements as to the terms upon which issues will be settled are reached by compromises which may appeal to enlightenment and generosity, but also depend upon the power to make the settlement.

Even though the president's executive order on the travel ban has been stayed by the federal appeals court, Ryan said the flow of people settling in New York has not resumed in full, and the future is very uncertain.

«Having regard to the settled position of the law as expoused by our courts in not less than five cases wherein the suspension of legislators by legislative houses was annulled and set aside, the Senate should withdraw the appeal filed against the judgment of the Federal High Court in the case of Senator Omo - Agege.

After being found guilty of violating antitrust laws by a US District Judge in 2013 and by an Appeals court in 2015, Apple's request for an appeal to the US Supreme Court was denied this past March, forcing it to settle with the plaintiffs.

The Axiological Level: the level of «shared values» a) by appeal to shared values disputes over methodological rules are settled b) methodological rules are «instrumental» in character i) they are adopted as means to achieving certain ends ii) those ends are the science's «values» or «aims» iii) they have the forms of a «hypothetical imperative»: If you desire Aim X, then follow methodological rule Y. iv) rules are adopted because they are believed to be optimal technique for attain cognitive goals or «utilities» v) choice of methodological rule is choice of most efficient means to the end of attaining our «cognitive values» c) disputes at axiological level are either i) thought to be nonexistent, or ii) irresolvable

The Methodological Level: disputes over the rules to settle factual disputes a) are in effect «rules of evidence» b) serve as a kind of «science court» in which a «verdict» on factual disputes is resolved by appeal to «evidence» c) this reflects the empiricist's commitment to the «Leibnizean ideal» d) explains how a «staggering proportion» of disputes are in fact resolved e) however, occasional disputes over the methodological rules arise 3.

The CAGW hypothesis qualifies as dogma given the ongoing assertion that the science is «settled» in the face of gross uncertainties, and that nearly all defense of CAGW by its proponents tends to be from an «appeal to authority» position (certainly my experience at RealClimate).

If one starts from the view that «the debate is over» and «the science is settled», and that all that is necessary to win the debate is to tell the consensus story, it is by definition, an appeal to authority: it's not me who is saying it; it's not my opinion; it is science `.

On appeal by the claimant, Mr Justice Coulson rejected the suggestion that the case fell under s B of table 6B, as the case did not settle prior to the date of trial.

The Ontario Court of Appeal has settled the doctrine in an area that was previously hampered by uncertainty.

The Wisconsin case (decided by the Court of Appeals) settled that it wasn't improper for a circuit court to do independent research, since a competent judge has a duty to ensure the correct law is being applied.

The lawyer generally makes more money by litigating or appealing than by settling early or giving up, but that often is not in the best interests of the client.

In its decision, the Federal Court of Appeal considered four issues: whether the Colony of British Columbia had breached its pre-emption legislation; whether the Colony had breached a fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's breaches under the Specific Claim's Tribunal Act; and whether Canada's post-Confederation allotments of Band reserves remedied any potential breaches and fulfilled any possible fiduciary duties owed.

Though the service issue was not appealed and therefore not addressed by the Court of Appeal, the meaning of s. 9 (1) should, in my view, now be treated as conclusively settled.

The court was therefore free to decide what it should do if it found that its earlier interpretation of the «European Law for the grant of pat - ents» was clearly inconsistent with a settled interpretation given by the Boards of Appeal of the EPO.

While one might presume the question of when reasons are required would have been well - settled since addressed by the Supreme Court in Baker, Manitoba's Court of Appeal has twice this year addressed that question, in both cases, in appeals from decisions of The... [more]

By settling out of court, the defendant will avoid suffering a bigger loss due to the emotional appeal of the jury.

Certainly in Hilton UK Hotels Ltd v McNaughton EATS / 0059/04 the Employment Appeal Tribunal held that future claims can be settled by way of a settlement agreement, albeit the language would have to be clear and unequivocal to do so.

So while the exact amount isn't mentioned, it's clear that it was nowhere near the original $ 1.53 billion, given that the last damage award appealed by Microsoft amounted to about a third of that amount, and if it was settled, it was presumably settled for less.

As reported in the written decision of the Law Society Hearing Panel (which decision is under appeal by the applicant), the applicant threatened to sue the other board members for defamation after he was removed as President of the condo corporation and a notice of his removal was posted; circulated a letter (under a false name) on some floors within the building that falsely stated that some of the board members had previously gone bankrupt, had criminal convictions and were accepting bribes and free meals from the developer of the condominium to settle deficiencies with the developer; made a derogatory remark about some of the residents based on their ethnicity; threatened to report some of the directors to US / Canada border officials, falsely alleging that they were drug smugglers; threatened both the corporation's property manager and security services firm that their contracts with the condo corporation would be in jeopardy if they did not provide a character letter to the applicant.

Most of his cases are settled by negotiation, but he has taken appropriate cases to trial and, on occasion, to the Court of Appeal.

In Nyembo v. Refugee Appeals Tribunal, 2007 IESC 25, the applicant was permitted by the Supreme Court to make an argument based on statistics which demonstrated an elevated rate of refusal, but the case settled before the judicial review concluded.

While one might presume the question of when reasons are required would have been well - settled since addressed by the Supreme Court in Baker, Manitoba's Court of Appeal has twice this year addressed that question, in both cases, in appeals from decisions of The Taxicab Board to cancel a taxicab driver's licence.

Yes, by the time the case had reached the Court of Appeal the second time, the original plaintiff had no interest in the litigation — she and Mr. Poole had settled, and the action again the Li's has been resolved — and the fight was between Mr. Poole and the firm's insurer.

In my humble opinion, that's got to change if the appeals courts want the bar and the public, as well as the parties before it, to be guided by their opinions and to act on them in a manner (i.e., settling cases for reasonable amounts) that will reduce the number of lawsuits brought to trial and appealed.»

[29] The Court of Appeal, in discussing Rule 9 - 1 (5) in Evans v. Jensen, 2011 BCCA 279, articulated at para. 35 that «the most obvious and accepted intent of this Rule, namely to promote settlement by providing certainty to the parties as to what to expect if they make, or refuse to accept, an offer to settle».

The judgment in Green was endorsed by the Court of Appeal in Director of the Assets Recovery Agency (Costs) v Szepietowski, The Times, 21 August 2007, [2007] All ER (D) 364 (Jul) and so is now considered settled law in relation to the requirements of Pt 5 of POCA.

(Mr. Schrenk's employer settled directly with the Complainant by paying him to drop the complaint against Clemas but leave it running against Mr. Schrenk, after we lost the first level of appeal.)

The law in Ontario on the issue of benefits was settled by the Court of Appeal in Davidson v. Allelix Inc. (1991), 7 O.R. (3d) 581 (CA), wherein the court stated that a wrongfully dismissed employee may claim, in addition to lost salary, the pecuniary value of lost benefits flowing from such dismissal.

By the end of the Nexus program, Google had clearly settled on the high - end of the market, but Nexus needed a rebranding if it was ever to appeal to a mainstream smartphone - buying public.

After reviewing the evidence presented to the jury, the Texas Court of Appeals, Third District, the court decided that although there was some evidence that the insurer had breached its fiduciary duty by failing to promptly settle for the full amount of the owners» claims, it determined that the insurer hadn't violated the Texas consumer fraud statute and knowingly engaged in deceptive acts.