Sentences with phrase «than a court proceeding»

Not exact matches

A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Mr. Stris contends that his client was misled and that the contract was executed under fraudulent circumstances, giving her the right to sue in court rather than proceed in arbitration.

Not long after the news of a T - 12 halt, the SEC said it has obtained a court order giving them access to freeze more than $ 27 million in trading proceeds from allegedly illegal distributions and sales of restricted shares of Longfin stock involving its CEO and three other individuals.

More than 100 political committees and charities have been sent letters «advising them that they received the proceeds of fraud,» according to papers that were recently filed in Manhattan federal court.

«Anyone who has a case against any man of God should swear an oath, proceed to the law court and face the rigours, rather than engage in media trial and character assassination, which have become the hallmark of this administration.»

«With nobody noticing, half the court's proceeds went missing,» he said, referring to the more than $ 260,000 Ms. Stulsky admitted to stealing.

(a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.

In any action or administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial.

- IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

In California, when a person dies and owns real property over $ 50,000 and personal property over $ 150,000, their property is tranferred to their heirs through a court - supervised proceeding called «probate» that generally takes at least nine months, or even longer than a year.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

Section 29 of the Courts of Justice Act, provides that an award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed unless the court considers it necessary in the interests of justice to penalize a party or a party's representative for unreasonable behaviour in the proceeCourt, other than disbursements, shall not exceed 15 per cent of the amount claimed unless the court considers it necessary in the interests of justice to penalize a party or a party's representative for unreasonable behaviour in the proceecourt considers it necessary in the interests of justice to penalize a party or a party's representative for unreasonable behaviour in the proceeding.

I failed to make the point that a pro se creating on his / her own, a clear written motion will be much better prepared to argue that motion before a judge than attempting to «wing it» thereby often proving to a judge that indeed the defendant or a petitioner in civil court has the ability to proceed as a pro se.

Indiana Federal Court Dismisses Products Liability Claim by Worker Whose Shirt Caught Fire, Allows Negligence Claim to Proceed: Hathaway v. Cintas Corporate Services, Inc., Indiana Injury Lawyer Blog, November 30, 2012 Appellate Court Overturns Worker's $ 30 Million Verdict in Claim for Chemical Exposure: Solis v. BASF Corporation, Indiana Injury Lawyer Blog, November 9, 2012 More Than Forty People in Indiana Sickened in Fungal Meningitis Outbreak; State Seeks to Revoke License of Pharmacy Where Outbreak Allegedly Originated, Indiana Injury Lawyer Blog, October 31, 2012 Photo credit: «energizing drink» by lusi on stock.xchng.

A plaintiff who recovers a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there is sufficient reason for bringing the proceeding in the Supreme Court and so orCourt under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there is sufficient reason for bringing the proceeding in the Supreme Court and so orcourt finds that there is sufficient reason for bringing the proceeding in the Supreme Court and so orCourt and so orders.

The Court of Appeal affirms the powers of a municipality under the Municipal Act, 2001 (the «Act») to enact by - laws: to prevent blockades and work stoppages affecting development sites; to stop an organization other than the municipality, in this case the Haudenosaunee Development Institute («HDI»), from requiring fees, charges or other conditions to be met before permitting municipally - approved development in which it has an interest to proceed peacefully.

Here again the principles seem uncertain; in Revell v Newberry [1996] QB 567, CA, [1996] 1 All ER 291, the claimant was a burglar shot in the course of a burglary and the Court of Appeal allowed his claim to proceed against his victim who had used more force than was reasonable.

Instead, the Court stated that district court judges were reliable factfinders for scientific or technical disputes, noting that, «A district court judge who has presided over, and listened to, the entirety of a proceeding has a comparatively greater opportunity to gain... familiarity [with technical issues] than an appeals court judge who must read a written transcript or perhaps just those portions to which the parties have referred.&rCourt stated that district court judges were reliable factfinders for scientific or technical disputes, noting that, «A district court judge who has presided over, and listened to, the entirety of a proceeding has a comparatively greater opportunity to gain... familiarity [with technical issues] than an appeals court judge who must read a written transcript or perhaps just those portions to which the parties have referred.&rcourt judges were reliable factfinders for scientific or technical disputes, noting that, «A district court judge who has presided over, and listened to, the entirety of a proceeding has a comparatively greater opportunity to gain... familiarity [with technical issues] than an appeals court judge who must read a written transcript or perhaps just those portions to which the parties have referred.&rcourt judge who has presided over, and listened to, the entirety of a proceeding has a comparatively greater opportunity to gain... familiarity [with technical issues] than an appeals court judge who must read a written transcript or perhaps just those portions to which the parties have referred.&rcourt judge who must read a written transcript or perhaps just those portions to which the parties have referred.»

Generally, small businesses with claims in the $ 25,000 — $ 35,000 range may opt to waive the portion of their claim over $ 25,000 and proceed in Small Claims Court, which is faster and cheaper than Superior Court.

May's lawyer, Andi MacKay, said the court's direction to have the charges proceed as criminal rather than civil were clear, and while defendants intend to co-operate, they need more time.

(3) No person may bring a proceeding in any court with respect to a dispute described in subsection (1), other than an appeal from a decision of the Licence Appeal Tribunal or an application for judicial review.

An order that limits publication of certain information for a fixed time period, while permitting full access to the material or the relevant proceeding, has a less deleterious effect on the open court principle, and associated individual rights, than does an order that effectively locks the courtroom door to the media and the public.

Finding that, the Court went on to conclude that the provincial deemed trust under the PBA applies in CCAA proceedings, subject to the doctrine of federal paramountcy, because of the Amended Initial Order, and noting that that means that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities rather than the federal scheme under the BIA (Indalex, para 52), since analogous priorities are not set out in the CCAA.

Not less than 120 days before the date scheduled for the trial of the proceeding, and b) all further applications, procedures, or other steps in the proceeding, including interim injunctions are, unless the court otherwise orders, suspended until the motion, including any appeal of the motion, has been finally disposed of.

The British Columbia Limitation Act holds that a court proceeding in respect to an injury claim can not be commenced more than two years after the date of discovery of cause of action.

The Court itself noted that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities, rather than the federal scheme under the BIA (Indalex, para 52).

If they are trying to portray your level of injuries as less than they are and not provide you with adequate compensation, you should proceed to court with the help of a Miami auto defect car accident lawyer from our office.

In particular, the Court of Appeal noted that Nortel's CCAA proceeding had been languishing for more than seven years and have been described as eclipsing all other CCAA cases in both duration and expense.

However, the court refused to see the mother's actions as forum shopping, since the French divorce proceeding had been dismissed for want of prosecution and the mother had been living in Chicago for more than a year prior to filing the state court action at issue.

In each of these venues, costs of litigation are generally lower than a district court proceeding, rules are somewhat more liberal and they offer a legal playing field that favors high - caliber litigators.

Rule 57 (10) states that «A plaintiff who recovers a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.&rCourt under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.&rcourt finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.&rCourt and so orders.»

She is now precluded from instituting any new action of any nature or court proceeding of any nature in any court in Ontario, including small claims court, and she is precluded from bringing any further or fresh step in any existing action without the consent of a Superior Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to court proceeding of any nature in any court in Ontario, including small claims court, and she is precluded from bringing any further or fresh step in any existing action without the consent of a Superior Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to court in Ontario, including small claims court, and she is precluded from bringing any further or fresh step in any existing action without the consent of a Superior Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to court, and she is precluded from bringing any further or fresh step in any existing action without the consent of a Superior Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to date.

For a class action lawsuit to happen, a court has to determine that the number of those injured or suffering is large enough to make a group proceeding more efficient than trying to handle each case on an individual basis.

Against the backdrop of more than twenty years of study and recommendations, the D'Alemberte Petition was filed with the Supreme Court of Florida seeking to authorize the courts to appoint pro bono attorneys to represent indigents in civil matters It is the decisions in this proceeding that have brought about the Florida Voluntary Pro Bono Attorney Plan The Court in its landmark decision on December 13, 1990 held that:

As a result of this sub-rule, people who bring an ICBC claim to trial in BC Supreme Court and are awarded less than $ 25,000, may be disentitled to their Tariff Costs unless they can show «sufficient reason for bringing the proceeding in the Supreme Court.»

Justice Moldaver was of the view that the court should focus on the constitutionality of the Crown's election to proceed by indictment rather than summarily and not on the law itself, at para. 150:

Although the plaintiff had signed an agreement to pursue claims through arbitration rather than in a state court proceeding, the defendant responded to the plaintiff's claims in state court.

Depending on how much compensation you are seeking, you can proceed to either small claims court or to civil court for damages larger than your state's limit.

Where a claim is brought more than three years after the injury occurred (or more than three years after the date the claimant had knowledge of it) and is thus time - barred, the court has a discretion under s 19A to disapply the limitation period and allow the claim to proceed, if it is equitable to do so.

Nonetheless, the General Court proceeded to classify the measure as an internal rather than an external measure on formal grounds.

Judge Colas held that the two commissioners (the third has not been appointed by Governor Walker) were violating his Circuit Court order by proceeding with re-certification elections that involve school district employees even though the Judge recently ruled that he could not enforce his decision on school districts or municipalities other than the Madison School District and the City of Milwaukee.

Parenting Proceedings Must Be Considered The Court noted that while a pending parenting matter can not stop the probate court from proceeding, the stepfather must prove by clear and convincing evidence that the father did not have more than minimal contact with the chilCourt noted that while a pending parenting matter can not stop the probate court from proceeding, the stepfather must prove by clear and convincing evidence that the father did not have more than minimal contact with the chilcourt from proceeding, the stepfather must prove by clear and convincing evidence that the father did not have more than minimal contact with the children.

(4) If a parent who is granted parenting time rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the parenting time order, and if the residential parent does not want the parent who is granted the parenting time rights to receive a copy of the relocation notice because the parent with parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the parenting time rights not receive a copy of any notice of relocation.

(4) Where costs of a proceeding before a tribunal other than a court are to be assessed by an assessment officer,

(2) Where a person who has suffered damage brings two or more proceedings in respect of the damage, the person is not entitled to costs in any of the proceedings, except the first proceeding in which judgment is obtained, unless the court is of the opinion that there were reasonable grounds for bringing more than one proceeding.

7 (1) A proceeding in the Court of Appeal shall be heard and determined by not fewer than three judges sitting together, and always by an uneven number of judges.