Justice Charbonneau writes a concise
summary of the case issues and their severity, provides some insight into the conduct of the defendant and his supporters in court, and serves as a good tutorial on the guiding principles on costs, the nature of submissions vs. pleadings, and the principle of indemnity in Ontario civil proceedings.
Not exact matches
In addition, every
issue of the ABF Journal includes timely cover stories and articles authored by industry specialists, plus our regular features encompassing briefs
of the top industry related news stories, exclusive interviews with industry leaders, notable ABL transaction
summaries and commentary from our team
of contributing writers on turnaround management, legal topics and
case studies and other relevant insights from ABL industry practitioners.
However, when it comes to child protection, routine engagement with fathers and father - figures has seemed a distant ideal: safeguarding policy has repeatedly failed to identify this as an
issue despite the fact that Serious
Case Reviews over a twenty year period (most recently the Ofsted Serious
Case Review
summary of 46
cases, as well as both
of the Baby Peter Serious
Case Reviews) have found failure by practitioners to engage with the men in children's lives to be a major factor in child abuse and deaths.
They found that the review process generally increases the length
of text, unless there is an
issue of great political sensitivity, in which
case the
summary text might be shortened.
Three Excellent Articles on the Safety
of BioIdentical Hormones (1) For a good
summary and explanation
of the
issues, I recommend the article, The
Case for Bioidentical Hormones Steven F Hotze MD. 2008.
The National School Boards Association's Office
of General Counsel provides subscribers with the definitive compilation and analytical
summary of key legal
cases, «hot button»
issues, and news stories.
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).
1 Executive
Summary 2 Scope
of the Report 3 The
Case for Hydrogen 3.1 The Drive for Clean Energy 3.2 The Uniqueness
of Hydrogen 3.3 Hydrogen's Safety Record 4 Hydrogen Fuel Cells 4.1 Proton Exchange Membrane Fuel Cell 4.2 Fuel Cells and Batteries 4.3 Fuel Cell Systems Durability 4.4 Fuel Cell Vehicles 5 Hydrogen Fueling Infrastructure 5.1 Hydrogen Station Hardware 5.2 Hydrogen Compression and Storage 5.3 Hydrogen Fueling 5.4 Hydrogen Station Capacity 6 Hydrogen Fueling Station Types 6.1 Retail vs. Non-Retail Stations 6.1.1 Retail Hydrogen Stations 6.1.2 Non-Retail Hydrogen Stations 6.2 Mobile Hydrogen Stations 6.2.1 Honda's Smart Hydrogen Station 6.2.2 Nel Hydrogen's RotoLyzer 6.2.3 Others 7 Hydrogen Fueling Protocols 7.1 SAE J2601 7.2 Related Standards 7.3 Fueling Protocols vs. Vehicle Charging 7.4 SAE J2601 vs. SAE J1772 7.5 Ionic Compression 8 Hydrogen Station Rollout Strategy 8.1 Traditional Approaches 8.2 Current Approach 8.3 Factors Impacting Rollouts 8.4 Production and Distribution Scenarios 8.5 Reliability
Issues 9 Sources
of Hydrogen 9.1 Fossil Fuels 9.2 Renewable Sources 10 Methods
of Hydrogen Production 10.1 Production from Non-Renewable Sources 10.1.1 Steam Reforming
of Natural Gas 10.1.2 Coal Gasification 10.2 Production from Renewable Sources 10.2.1 Electrolysis 10.2.2 Biomass Gasification 11 Hydrogen Production Scenarios 11.1 Centralized Hydrogen Production 11.2 On - Site Hydrogen Production 11.2.1 On - site Electrolysis 11.2.2 On - Site Steam Methane Reforming 12 Hydrogen Delivery 12.1 Hydrogen Tube Trailers 12.2 Tanker Trucks 12.3 Pipeline Delivery 12.4 Railcars and Barges 13 Hydrogen Stations Cost Factors 13.1 Capital Expenditures 13.2 Operating Expenditures 14 Hydrogen Station Deployments 14.1 Asia - Pacific 14.1.1 Japan 14.1.2 Korea 14.1.3 China 14.1.4 Rest
of Asia - Pacific 14.2 Europe, Middle East & Africa (EMEA) 14.2.1 Germany 14.2.2 The U.K. 14.2.3 Nordic Region 14.2.4 Rest
of EMEA 14.3 Americas 14.3.1 U.S. West Coast 14.3.2 U.S. East Coast 14.3.3 Canada 14.3.4 Latin America 15 Selected Vendors 15.1 Air Liquide 15.2 Air Products and Chemicals, Inc. 15.3 Ballard Power Systems 15.4 FirstElement Fuel Inc. 15.5 FuelCell Energy, Inc. 15.6 Hydrogenics Corporation 15.7 The Linde Group 15.8 Nel Hydrogen 15.9 Nuvera Fuel Cells 15.10 Praxair 15.11 Proton OnSite / SunHydro 15.11.1 Proton Onsite 15.11.2 SunHydro 16 Market Forecasts 16.1 Overview 16.2 Global Hydrogen Station Market 16.2.1 Hydrogen Station Deployments 16.2.2 Hydrogen Stations Capacity 16.2.3 Hydrogen Station Costs 16.3 Asia - Pacific Hydrogen Station Market 16.3.1 Hydrogen Station Deployments 16.3.2 Hydrogen Stations Capacity 16.3.3 Hydrogen Station Costs 16.4 Europe, Middle East and Africa 16.4.1 Hydrogen Station Deployments 16.4.2 Hydrogen Station Capacity 16.4.3 Hydrogen Station Costs 16.5 Americas 16.5.1 Hydrogen Station Deployments 16.5.2 Hydrogen Station Capacity 16.5.3 Hydrogen Station Costs 17 Conclusions 17.1 Hydrogen as a Fuel 17.2 Rollout
of Fuel Cell Vehicles 17.3 Hydrogen Station Deployments 17.4 Funding Requirements 17.5 Customer Experience 17.6 Other Findings
The page includes a plain - English
summary of the
case, the questions presented, and links to blog commentary, the lower - court opinions, the oral argument transcript, all briefs, the decision when
issued, counsel for each party, and outside resources.
This platform is also evolutionary: there is a direct and immediate list
of the current term's merits
cases; and the list
of upcoming arguments is better than the previous upcoming merits
cases, because you see a whole week and a
summary of the
issue.
This page includes a plain - English
summary of the
case, the questions presented, and links to blog commentary, the lower - court opinions, the oral argument transcript, all briefs, the decision when
issued, counsel for each party, and outside resources.
This is the Court's unofficial
summary of the
issues in Ediger v. Johnston SCC
case no. 34408, an appeal scheduled for December 4, 2012.
Commentary: The Supreme Court
of Canada in this
case, and in the
case of R. v. Conway, 2010 SCC 22 (see our blog
summary here) has made clear that tribunals must address Charter
issues which are raised before them (unless expressly exempted by their enabling statute).
He argues that one
of the most important elements
of the
summary is a statement
of the deep
issue, not the superficial
issue,
of the
case.
The processes
of screening
cases and deciding to hold oral arguments are explained, as are the methods
of deciding whether to publish an opinion and whether to
issue a
summary affirmance or memorandum opinion.
Excerpts on the decision to publish and whether to
issue summary affirmances might be helpful in training externs and clerks in a judicial opinion writing course to give the students background in some
of the decisions judges must make in addition to how to decide
cases and write the opinions.
This is the third in a series
of posts containing
summaries of Pennsylvania
case law on the
issue of double dipping in divorce.
This is the second in a series
of posts containing
summaries of Pennsylvania
case law on the
issue of double dipping in divorce.
«
Summaries of new Fifth Circuit
cases about business litigation, and occasional «hot topic» reports about emerging
issues.»
One more apparent problem with the plaintiff's
case is nicely — in the traditional meaning
of «nice» — painted by the next
summary, at the link sites home page,
of another
issue on which the plaintiff lost.
Both sides can present the evaluator with written
summaries of their
case, as well as the pleadings and witness statements if appropriate, which the evaluator can consider and then
issue an evaluation.
The webcast page includes a calendar
of cases,
summaries of the
issues they present and links to
case dockets.
Bondy, J. held that this
case was one that fell within the third category
of case suitable for
summary judgment, as set out in Combined Air Mechanical Services, and that there were no «genuine
issues requiring a trial.»
Taft's attorneys have substantial experience in
cases asserting pension plan design allegations, cash balance pension plan design claims, including claims
of whipsaw, wearaway and anti-cutback, retiree insurance claims, fiduciary duty claims,
issues peculiar to pension plan mergers, other claims relating to employee welfare benefit plans,
issues concerning
summary plan descriptions and also claims concerning the efficacy
of ERISA 204 (h) notices.
With respect to the
issue of what happens if the employee becomes sick or injured subsequent to the termination
of his employment, during which period
of time he ought to have had coverage under an LTD policy, see my
summary of the Brito
case in the post The Requirement to Maintain Disability Benefits on Dismissal.
The Scotus Blog has an excellent
summary of the background and the
issues in this
case.
2008)-- Denial
of manufacturer defendant's motion for
summary judgment in
cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine
issues of fact as to product liability and recklessness counts
of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information
of risks involved in the transport and storage
of chemical reagent at ambient temperatures.
An asbestosis sufferer had shown symptoms
of the disease for several years prior to diagnosis, but the trial court had
issued a
summary judgment dismissing his
case.
* The name
of the
case, the identity
of the party we represent, and how to bill the time; * The
issue that needs to be answered; * The facts
of the
case I think are most pertinent to the
issue; * The procedural posture
of the
case and how the work product will be used — for a motion to compel, for a response to a motion for
summary judgment, for an evaluation letter to the client, etc. * Whether I think the
issue has been researched at any other time in the office, and how to find the old research; * The result I want to reach, i.e., what I'd like the answer to be, if possible.
STANLEY BURNTON LJ: The
issues for determination were: (i) whether the rule requiring payment
of the standard
case fee was unreasonable and unlawful; (ii) whether or not the ombudsman was under an obligation to consider dismissal
of all complaints under DISP 3.3; (iii) whether the ombudsman could lawfully delegate consideration and exercise
of the power under DISP 3.3 to a suitably qualified member
of staff; (iv) whether the district judge had been entitled to find that each
of the complaints had been considered for
summary dismissal, albeit by a consumer consultant; (v) if a complaint was not lawfully considered for
summary dismissal, and as a result was investigated, and after investigation determined by the ombudsman adversely to the complainant, whether the firm was nonetheless liable to pay the standard
case fee; and (vi) whether the answer to (v) depended on whether the complaint should have been dismissed under DISP 3.3.
(Order, p. 2) As the court notes in its
summary of the order, an acquittal can
issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a
case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence
of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts
of conspiracy; and (2) Because the trial court did not rule on the majority
of the
issues raised in Stern's motion for a new trial, those
issues have yet to be decided, and should be addressed on remand by the court
of appeals.
At that time, disputes involving numerous contested facts, and particularly
cases where credibility
issues existed between the parties, would rarely be dealt with by means
of summary judgment.
Ms. Hewitt provides detailed, practical suggestions on many aspects
of a criminal defence file including: analysis
of the Crown's
case; reviewing the information / indictment; considering legal elements; dealing with co-accuseds; disclosure and production; elections; challenging the
case to be made by the Crown; pre-trial preparations, including procedural considerations; jury versus non-jury trials; admissions; scheduling; preparing an opening address or
summary; pretrial hearings; and running the trial itself, including details relating to
issues of evidence.
Earlier this month, a state appellate court
issued a written opinion in a personal injury
case discussing when
summary judgment is appropriate in a car accident
case involving the payment
of future medical expenses.
A
summary of each decision is prepared detailing the relevant facts
of each
case and the court's holding on each
issue.
In response to the application, the defendant raised the
issue of the Master's jurisdiction under s. 9 (3)
of the Court
of Queen's Bench Act, and the availability
of summary judgment in the context
of a wrongful dismissal
case.
not outside the realms
of possibility that a CO may be quick to refer up to the Army Prosecuting Authority
summary only
cases that involve topical and / or controversial
issues for the purpose
of being seen to be politically correct.
The result was that
summary judgment motions were generally only brought in very straight forward
cases where, at least in the opinion
of one party, there was no genuine
issue for trial.
And instead
of reading an entire paper advance sheet, Fastcase's eBooks can be searched for key terms, and they include introductory
summaries highlighting the
issues in each
case.
After evaluating the asserted patent and AMES products, Brooks Kushman planned a strategy
of moving for
summary judgment at a very early stage
of the
case, and encouraging the court to address claim construction
issues as part
of that motion.
Prior to the
case conference, the parties will be required to file a
case conference
summary outlining the documents to be used at the hearing, any production
issues, the preference
of type
of hearing (written, electronic or in - person), a list
of witnesses (including an explanation as to why more than two expert witnesses are required, if applicable) and the details
of the most recent settlement offers.
From time to time, we put together
summaries and updates
of legal
issues that affect personal injury
cases in and around Orlando, Florida.
For the majority, this is a «prime example»
of a
case with no genuine
issue requiring a trial because the
summary process:
The party moving for
summary judgment must show there are no genuine
issues of material fact and the
case is appropriate for judgment as a matter
of law.
Per Brown, the BC Provincial Court has stated (in
summary of Canadian
case law on the
issue) that «pets will not be treated in a manner such as children.»
The Court
of Appeal found there was ``... an arguable
issue of substance in this
case of sufficient importance to merit the attention
of the full court...» since the
Summary Conviction Appeal judge ``... did not conduct a meaningful analysis...» with respect to s. 489 (2), and the police «need to know» the scope
of their powers in circumstances where firearms are involved and they are ``... lawfully in a residence with children present...» (See para. 11).
In denying
summary judgment to GE and granting
summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition
of an improvement to real property for purposes
of the statute
of repose, public policy considerations necessitated an exception to the application
of the statute in
cases involving alleged asbestos - related disease; (2) the installation
of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at
issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge
of the hazard which is equal to or greater than that
of the premises owner.
U. L. Rev. 369, 438 (1992)(finding that attorneys who removed
cases from state to federal court «most often cited
summary judgment availability as their reason for removal» to federal court, and that the attorneys perceived «a greater willingness
of the federal judiciary to grant
summary judgment motions» as well as «organizational impediments limiting the ability
of the state court judges to
issue summary judgment rulings»).
From «quick and dirty»
summaries of legal
issues to complex appellate briefs, I provide legal research and writing services to solo and small - firm attorneys on a per -
case basis.
Instead, to withstand
summary judgment on the
issue of punitive damages recovery in a car accident
case, a plaintiff must point to sufficient evidence from which a reasonable jury could conclude «that the collision result «from a pattern or policy
of dangerous driving, such as driving while intoxicated or speeding excessively.