Sentences with phrase «under appeal before»

Not exact matches

not really making the news, the atmosphere on last wednesday was really strange, silent, step by step to normal football, but you can't throw away your thoughts immediately, I just got a glimpse of Enkes personality during a film of him shown before the match, I can't realize how hard it must be for his wife to lose him, tomorrow the players of Germans first Bundesliga will wear a black ribbon again, but I think it won't affect the atmosphere like it has with the national team despite of Hannover of course, people will be enthousiastic again, but there is the idea of an «Enke donation» which I like, will keep his name alive, will take some positive emotions on this tragedy and a kind of appeal for everyone to reflect the important things of life and control your own behaviour, I hope so at least, and I hope his wife will cope with that situation, and again: it was really hard for the German nationl team to play under these circumstances, to lose someone close in this way is hard to deal with, on the other hand it causes a close solidarity feeling I think, but of course the world will not change, things are returning to the old soon, but nonetheless for me this tragedy is a kind of human wake - up call, at least a call and then you continue

Before he addressed the rally, President Mahama paid a courtesy call on the Bolgatanga Traditional Council, where the members appealed to him to ensure the completion of all roads currently under construction in the Upper East Region.

The election tribunals and Court of Appeal ordered the re-runs, after voiding the returns for most of the Rivers legislative seats, federal and state; before the Supreme Court, in a bizarre verdict, endorsed the governorship poll, held the same day, and under the same bloody conditions, as the state legislative elections.

Published: July 16, 2015Filed Under: Before and After, Contributor, Guest Bloggers, How To, Tutorials Tagged: Contributors, curb appeal, DIY, Exteriors, Tutorials

The U.S. Supreme Court declined last week to review a federal appeals court's ruling that a Texas teacher who resigned under pressure should have been granted an administrative hearing before his resignation took effect.

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In June, California's Fourth District Court of Appeal ruled that a charter school student was not entitled to the evidentiary hearing required under Education Code section 48918 before being dismissed from a charter school for bringing a knife to school and threatening a fellow student (Scott B. v. Orange County High School of Arts 217 Cal.App.4 th 117 (Cal.App.

Under the reformed process that I propose, challenges to refineries and other energy project permits must be brought before the D.C. Circuit Court of Appeals within 60 days of the issuance of a permit decision.

Under the new system, a simple European order for payment procedure will cost 100 euro, and an appeal before the labour courts will now cost between 500 and 10,500 euro, depending on the amount at stake.

Under California Rules of Court, however, any stipulation to extend the time for filing a motion for attorney fees on appeal must be filed with the court before the original time has expired.

Successfully argued on behalf of a surety before the U.S. Court of Appeals for the First Circuit on matter concerning the interpretation of a surety's right to seek an attachment of assets under Massachusetts law.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

Mr. Regan also successfully argued on behalf of a surety before the U.S. Court of Appeals for the First Circuit on a dispute concerning a surety's right to seek an attachment of an indemnitor's assets under Massachusetts law.

Advising a multinational building products manufacturer on the first and only regulatory appeal under the Greenhouse Gas Emissions Trading Scheme before the PAC in Northern Ireland.

He brought proceedings for damages by way of application under the elusive Pt 19 of the Family Procedure Rules 2010 (SI 2010/2955) and which were dismissed and he was back before the Court of Appeal to challenge that dismissal.

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.

As to the second question put before it — whether the most recent version of the draft of the federal Capital Markets Stability Act exceeded the authority of the Parliament of Canada over the general branch of the trade and commerce power under s. 91 (2) of the Constitution Act, 1867 — the Court of Appeal answered «no» to it as well.

Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further submissions, oral or written, and allowing, if requested, fresh material in response.

The last time this sort of issue came before the Court of Appeal was in Henry v News Group Newspapers [2013] EWCA Civ 19, [2013] 2 All ER 840 where the court granted relief against sanctions under the pre-April regime but warned that it would all be different after 1 April.

Defended party in proceedings under 28 U.S.C. 1782 for discovery in aid of arbitration in Delaware and Texas federal courts and on successful appeals before the US Courts of Appeal for the Third and Fifth Circuits

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

The issue before Justice Edwards of the Superior Court, and subsequently on appeal, was whether or not privacy breaches involving health information must be dealt with exclusively under PHIPA.

Alan D'Silva is a veteran commercial litigator with 75 appeals under his belt, including eight appearances before the Supreme Court of Canada.

In Corbett v Corbett [2003] All ER (D) 419 (Feb), which concerned a judgment summons, the husband appealed on the ground that the manner in which the proceedings had been conducted before the judge had breached his right to a fair trial under Art 6, as the form M17 had previously been ruled incompatible with the Convention.

(b) may prescribe the burden of proof and standard of proof applicable in a proceeding before the Licence Appeal Tribunal under section 280;

(2) A person referred to in subsection (1) has exclusive jurisdiction to exercise the powers conferred upon him or her under this Act and to determine all questions of fact or law that arise in any proceeding before him or her and, unless an appeal is provided under this Act, his or her decision thereon is final and conclusive for all purposes.

(16) Any party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court.

governing proceedings before the Licence Appeal Tribunal under section 280, including imposing time limits or limitation periods;

The narrow question before us in this appeal then is whether the isolated sale for food of a bear hide obtained by the appellant fortuitously as the result of an act of self - defence is something that the government of Alberta is entitled to penalize under the Wildlife Act.

TupperS Law claimed the Competition Team of the Year award for assisting Socrates Training in its victory in the first - ever standalone damages action brought before the Competition Appeal Tribunal under its new accelerated procedure.

The appeal is on the ground that «the proceeding... is wrong in law or is in excess of jurisdiction» (as under s 111 (1): more or less the ground as before, and it still is for surviving case stated applications).

This appeal process will not apply to those matters that may come before the CRT in the future under the authority of statues other than the Act.

Accredited under the Law Society Immigration & Asylum Accreditation Scheme as a Level 2 Caseworker and Supervisor, David Saldanha has appeared as an advocate in hundreds of asylum and immigration appeals over the past 20 years before the First - tier Tribunal and Upper Tribunal and their predecessors, gaining a significant experience in a wide range of immigration matters, such as asylum claims and unlawful detention, standing on behalf of the most vulnerable people in the society.

Before the changes were ushered in, complaints were first filed with the Ontario Human Rights Commission, which would determine if the matter should be addressed by the tribunal or by appeal processes under the Workplace Safety and Insurance Act (WSIA).

A few days before the Miami ruling came out, I was interviewed by Elaine Silvestrini of the Tampa Tribune about my Tampa same sex divorce case now under appeal in the Second District Court of Appeals and how the Florida Keys ruling may or may not affect the divorce case.

As far as the claims under EU law were concerned, it was common ground before the Court of Appeal that, so far as relevant to the instant case, Article 47 of the Charter had the same substantive content as Article 6 of the Convention.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Importance: The primary issue before the Court of Appeal was whether the Divisional Court properly applied the reasonableness standard to the Tribunal's decision — the blog posts did not infringe Ms. Taylor - Baptiste's right to equal treatment «with respect to employment without discrimination» under section 5 (1) of the Code.

The Court of Appeal also held that the Bank did not owe a duty of full and frank disclosure at the hearing before the Commercial Court, and whilst it was under a duty not deliberately to mislead the Court, it had not breached that duty.

The important question of how much latitude judges have in Ontario to avoid trials by granting summary judgment under Rule 20 is scheduled to come before the Supreme Court of Canada in March in two appeals involving an alleged investor scam.

Before joining McInnes Cooper in 2010, Adel articled under Chief Justice Drapeau at the New Brunswick Court of Appeal and practiced in a medium - sized law firm in Moncton.

26 (1) A party to the hearing before the Superior Court of Justice under section 25 may appeal from the decision to the Divisional Court.

(3) If an appeal is made under this section in respect of a matter in which a question is pending before the Building Code Commission, the proceeding before the Commission is terminated.

The principal question before the Court of Appeal was, as Moses LJ put it, whether HMRC was entitled under European Union law to refuse the input VAT -LSB-...]

Parties challenging patents under the post-issuance review proceedings authorized by the America Invents Act have long worried about estoppel in later district court cases if they lose before the Patent Trial and Appeal Board (PTAB).

She is also active in trademark prosecution and proceedings before the Trademark Trial and Appeal Board, and she has successfully represented clients in arbitration proceedings under ICANN «s (Internet Corporation for Assigned Names and Numbers) Uniform Domain Name Dispute Resolution Policy to recover infringing domain names.

He has conducted litigation cases before all divisions of the High Court, the Court of Appeal and the Privy Council, and has represented clients involved in arbitrations under the rules of the ICC, LCIA, LMAA, and UNCITRAL.

113 Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 111 or 112, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the aAppeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 111 or 112, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appealappeal.

The Court of Appeal disagreed with the tenants and the Attorney General, finding that s. 31 of the Sechelt Indian Band Self - Government Act «can only have been intended to preserve the character of the Sechelt Lands as reserve lands subject to federal jurisdiction» and that the lands continued, as they were before self - government, as lands reserved for Indians under s. 91 (24) of the Constitution.

Before the Sabean decision, there was but one line of Court of Appeal authority on the issue of the deductibility of CPP disability benefits under SEF44: that from NB, which NS and PEI had adopted.