Defeated union's challenge to company's right to limit the bidding rights of bargaining unit employees to certain
shifts under the parties» collective bargaining agreement.
Not exact matches
As was said in the opening paragraph of this series, a well - rehearsed interpretation of UKIP is that they are a grouping to the right of the current Conservative
party, dissatisfied with the old
party's failure to stand up to Europe and its perceived leftwards
shift under Cameron.
By
under - populating districts with one
party and overpopulating others, the majority
party can
shift the balance of power without raising alarms through oddly shaped, gerrymandered districts.
But he quit the Labour
Party last year, saying he had «lost confidence» in the party under Ed Miliband's leadership because it had made a «policy shift moving back towards what Old Labour stood for&ra
Party last year, saying he had «lost confidence» in the
party under Ed Miliband's leadership because it had made a «policy shift moving back towards what Old Labour stood for&ra
party under Ed Miliband's leadership because it had made a «policy
shift moving back towards what Old Labour stood for».
There will be time enough to steer the heart of the
party later but, for the moment, we must accept that our leftwards
shift has failed and that we now urgently need to move forwards - because time is a luxury that those suffering
under this government's dogma - driven policies of cuts and austerity simply can not afford.
First, changes made to the Conservatives
under David Cameron's leadership had drawn the
parties closer together: a new stress on the environment, a sympathy for civil liberties, the commitment to spend at least 0.7 % of GDP on overseas aid (this last
shift took place
under Michael Howard, but Mr Cameron projected it in a way that his predecessor had not).
Many now assume he will attempt to rejoin the Labour
Party, which has
shifted significantly to the left
under Jeremy Corbyn.
Burnham's comments suggest a
shift from his previous position, coming weeks after he criticised Blair for making «dire predictions» about what would happen to the
party under a Corbyn leadership.
Sugar quit the Labour
party following the general election after claiming the
party took «a
shift to the left»
under its former leader Ed Miliband.
More fundamentally, Leanne's victory will
shift Welsh politics to the left, keeping Welsh Labour
under pressure to maintain and strengthen its «clear red water» policy programme and to resist the influence of the small but highly - placed number of crypto - Blairites seeking to drag the
party to the right.
And
under the House's version of the Affordable Health Care Act, passed in May along
party lines, Medicaid would
shift from an open - ended entitlement program to a program in which states receive a fixed amount of federal funds for each beneficiary.
At the time, I was
under a lot of stress: pulling the midnight
shift at my job at a child - abuse hotline, while also planning a huge surprise
party for my sister.
However, if any
party prevails on a statutory claim that affords the prevailing
party attorneys» fees, or if there is a written agreement providing for payment or recovery attorneys» fees, the arbitrator may award reasonable fees to the prevailing
party,
under the standards for fee
shifting provided by law.
These savings would then be
shifted to fund the increase in the school funding pot
under the Conservative
party's manifesto pledge.
The seeming calm that derivatives helped to induce merely
shifted volatility to
parties that could not bear losses
under significant stress.
However, if any
party prevails on a statutory claim that affords the prevailing
party attorneys» fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing
party,
under the standards for fee
shifting provided by law.
How would the court trying Oxfam's fictional case
under «international law» (whatever they think that is) determine and make a distinction between «natural» and anthropogenic
shifts in climate, resulting in the injured
party's loss of a «right» to a stable climate?
Mar. 24, 2016)-- joint opinion by Circuit Judges O'Scannlain and Ikuta as well as District Judge Burns (sitting by assignment); discussed in our Mar. 28, 2016 post: Prevailing
party in bankruptcy non-dischargeability action is not entitled to recover fees
under either California Civil Code section 1717 or ERISA's fee
shifting provision.
1979 (2016): SCOTUS sets forth flexible factors to be weighed for purposes of district judges awarding fees to a prevailing
party under the Copyright Act's fee -
shifting provision, 17 U.S.C. § 505.
ATP Tour Inc. v. Deutscher Tennis Bund, 91 A. 3d 554 (Del. 2014) is a decision in which the Delaware Supreme Court held that a by - law
shifting attorney fees and expenses to the losing
party in an intra-corporate litigation can be valid and enforceable
under Delaware law.
First, it was not a «fine, penalty or forfeiture» but more like an award of costs to a prevailing
party under fee -
shifting statutes.
After moving for $ 241,647.20 in attorney's fees
under Business and Professions Code section 7168 (a fee
shifting statute allowing mandatory fees to a «prevailing
party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.
«Deadlines, Special Fee
Shifting Statutes: Although Timely Filed, Motion For Defense Costs
Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion Main Construction: California Supreme Court Decides That Prompt Payment Statutes Relating To Direct Contractor - Subcontractor Retention Withholdings Can Only Relate To The Relevant Specific Payment Otherwise Due Rather Any Dispute Between The
Parties»
Because both
parties agree that time -
shifting is the primary use of VTR's, that conclusion, if correct, would settle the issue of Sony's liability
under almost any definition of contributory infringement.
Commentary on this new provision has argued that the new law
shifts the burden from counsel for the deponent, who formerly had to seek a protective order from the court to avoid an excessively long deposition, to the counsel of the
party taking the deposition, who will soon have to secure the agreement of the other
parties or obtain an order from the court to obtain more than 7 hours of deposition time
under specific circumstances.
2 Dec. 16, 2010)(unpublished) demonstrates that the trial court has substantial discretion in determining who is a «prevailing
party»
under fee
shifting statutes.
[57][58] Unless there is an actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee
shifting can only be awarded
under FRCP Rule 11 and it requires that the opposing
party file a Motion for Sanctions and that the court issue an order identifying the sanctioned conduct and the basis for the sanction.