Sentences with phrase «under appeal says»

Not exact matches

The appeals court said the emails were beyond the reach of domestic search warrants obtained under a 1986 U.S. law called the Stored Communications Act.

Heather Dietrick, president and general counsel of Gawker Media, said in a statement that soon after Mr. Bollea sued the company in 2012, three state appeals court judges and a federal judge «repeatedly ruled that Gawker's post was newsworthy» under the First Amendment.

CN President & CEO Paul Tellier said the two would «immediately initiate an appeal of the STB decision, and vigorously pursue all avenues that are open to us under applicable law.»

By nature, the present President of America has that element in him — I should not be saying this but I am being inherently made to convey this as comment of exception for America and for Obama whose whole (Obama and his better half) stand as an extension through the ex Presidential candidate's Charisma Of the Secretary Hillary Clinton that President Obama's Charisma has selflessly absorbed for function in the cabinet gracefully for America and the world.That shows the humbleness of President Obama and maturity of Hillary Clinton of acceptance without a feeling of high and low of ego regarded as exceptional in Divinity.I was not supposed to make this comment and I have done so to urge the Republicans to accept their Light within of consensus through individual projections under control as Obama's gesture of bipartisanship that will come to address.In short, this comment is all about health and health care where economics alone does not come into the picture with a rigorous analysis on it but should also extend as leverage to the person in play (Obama) who is also selflessly poised with corrections on it over the infra structure of it that he has proposed for approval as ego of his working element as the executive public ally chosen as the President that had appealed to the public at large voting even putting behind able dleaers like McCain?George W Bush was the last to steer America into the Light over the past of America and that stands as the subtle truth even today as on date with Bill Clinton the ex President of America giving support through his excellent independent caliber for Obama ultimately to head the show of America that was time bound of its reality that sees no barriers and to which he accepted well in his individual capacity as the free lance ex President of America.

As a result it is true to say now, as Whitehead (1926, p. 128) said decades ago, that «It is orthodox to hold that there is nothing in biology but what is physical mechanism under somewhat complex circumstances... the appeal to mechanism on behalf of biology was in its origin an appeal to the well - attested self - consistent physical concepts as expressing the basis of all natural phenomena.

In a statement earlier this week, Connors made clear his intention to appeal the decision, saying that «Ms. Teachout admitted under oath that she misrepresented her address on official and tax documents.»

«I'm appealing to the governors, (that was why we voted money, we borrowed money), please make sure anybody under you, pay them because most of them depend on that salary to pay rent, school fees,» he said.

The Court of Appeals said under the separation of powers doctrine, judges can not force prosecutors to bring a criminal case and call witnesses.

NYCOM said the Court of Appeals got it right when it said «local governments should not be required to surrender their authority and negotiate disciplinary procedures under circumstances when the Legislature has expressly granted disciplinary authority to local officials.»

«It is also worthy of note that under his distinguished stewardship, networking skills, diplomacy, persuasiveness and relentless appeal to corporate organisations and philanthropists have brought significant support for the Kaneshie Polyclinic,» he quoted the citation as saying.

I received the petition of the lawyers from the three and they stated all the grounds for which they thought that I should invoke my powers under article 72, narrating every step of the way; the regret they had shown and appealing for mercy; and so I did exactly what the Constitution said I should do.»

Simpson and Shue said NYPA resisted a request made in October by the opponents» group to release the RFP under the state Freedom of Information Law, doing so only after their group appealed to the state Committee on Open Government, which in November said the information should be released under the law.

Bonventre says though dissents more than doubled under the dominance of the Pataki appointees, the New York Court of Appeals is much more amiable, overall, than the famously partisan US Supreme Court.

He made the announcement in a video on his Facebook page, saying Labour under Ed Miliband had failed to appeal to enough voters in England.

When the previous government announced it was appealing against the European Court's original ruling in 2005, the Parliamentary Under - Secretary of State at the Department for Constitutional Affairs, Lord Firkin, said: «It has been the view of successive governments, including this government, that persons who have committed crimes serious enough to warrant a custodial sentence should forfeit the right to have a say in how the country is governed while they are detained.»

The unanimous ruling by four justices says the appeal failed to show the dog's presence was impermissible under state law or impaired his right to a fair trial.

In a May ruling, the 2nd U.S Circuit Court of Appeals in New York said the attacks were an act of war, exempting defendants of liability under a law enacted in 1980 to deal with environmental and health risks caused by industrial pollution.

It's poppycock, of course, but it is fair to say that film companies are under pressure to appeal to as broad a social spectrum as possible.

Down Under appeal: In a 2014 interview with news.com.au, the veteran actor said he is «very attracted to the personalities of Australia»

The law, known as the Gun - Free School Zones Act, was struck down last fall by the U.S. Court of Appeals for the Fifth Circuit, which said that Congress exceeded its authority under the commerce clause of the Constitution when it made gun possession near public or private schools a federal offense.

«We couldn't have asked for a stronger opinion to defend on appeal,» said Clint Bolick, the litigation director of the Washington - based Institute for Justice, which represents a group of low - income Milwaukee families who could receive vouchers under the expanded program.

But on the opening day of its new term, the high court let stand a federal appeals court ruling that said districts in most instances can not be held liable for so - called peer harassment under Title IX of...

A panel of the U.S. Court of Appeals for the 5th Circuit said the policies in the New Orleans and Jefferson Parish districts could not be justified under recent Supreme Court rulings on drug testing of employees.

Denver District Court found in 2011 the program violated the Public School Finance Act of 1994 and other provisions of the state Constitution, but it was overturned by the Colorado Court of Appeals in 2013, saying the petitioners lacked standing to sue under the act and that the voucher program did not violate the state Constitution.

The UFT said hardly any appeals are granted under this system, which is evidence that it does not work.

«The Court of Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»

It's currently under appeal, but Students Matter said that AB 753 and three other bills were unconstitutional as they ignored the Vergara ruling.

«I was under the impression that the letter with my appeal would be enough to prompt an investigation,» Wysocki said.

2016 Ford Shelby GT350 Mustang Base Price: $ 62,599 As Tested: $ 72,699 Notable Options: Technology package, $ 9,400; Racing stripes, $ 600 (yes, Ford calls them «racing stripes) Drivetrain: 5.2 - litre V8 cylinder engine, 526 horsepower at 7,500 RPM, 429 lb - ft at 4,750 RPM, 6 - speed manual transmission, rear wheel drive Performance: Zero to 100 km / h in well under five seconds and a tops out at around 280 km / h VVUZZ Says: Due to its engine, it's probably the most unique pony car today, but we think it appeals most to Mustang fans

The ruling came from a U.S. appeals court who said that the project is considered «fair use» of published material under copyright law.

«Many kids of color who when they were playing superheroes with their friends, their friends wouldn't let them be Batman or Superman because they don't look like those heroes but they could be Spider - Man because anyone could be under that mask,» Bendis said of the appeal of Miles Morales, who is of African - American and Puerto Rican descent.

David Weliver, founder of Money Under 30, says one appeal of robo - advisors is their low cost and the minimal amount of money needed to begin investing, as low as $ 5 a month.

The game boasts an appealing fully hand - drawn style that is presented via stylish HUDs and menus, and technical performance during gameplay is flawless, but I'd still say the game's only noteworthy flaws still fall under these categories.

Worse, those still under Konami's reign who approved of any employee's outspoken views or criticisms would find themselves going through a reshuffling of sorts — most likely said demotion to a less - appealing part in the company.

Back on July 7, 2017, the D.C. Circuit Court of Appeals rejected FERC's order revising PJM Interconnection's «Minimum Offer Price Rule» (MOPR), saying FERC exceeded its Section 205 authority under the Federal Power Act by commanding an entirely different approach to the MOPR than what PJM's stakeholders agreed upon...

Nor does it just say the council may consider a ruling, issued by a tribunal constituted under the Human Rights Act or a court of competent jurisdiction under the Charter, that the university has violated the Human Rights Act or Charter,» the court of appeal also said.

In affirming, both the State Court of Appeals and the State Supreme Court rejected Honda's argument that the punitive damages award violated due process because it was excessive and because Oregon courts have no power to correct excessive verdicts under a 1910 amendment to the State Constitution, which prohibits judicial review of the amount of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»

Legal principles The Court of Appeal said it was common ground that the council has power under s 222 to seek injunctive relief «at any rate in some circumstances».

«Under the Court of Appeal decision no hope value was payable on collective claims,» she says.

«There is a very real danger that these tools and the appeal of «objective risk scores» will silently codify racial disparities in bail determinations under a veneer of scientific rigor,» says Scott Levy, director of the Fundamental Fairness Project at the Bronx Defenders, a legal aid organization.

Sex for World Series Tickets Not Prostitution Under Pennsylvania Law, State Appeals Court Says

«The trial judge in that case felt there was a fundamental breach but it went to the court of appeal and the court said no, because even with a litany of complaints the court couldn't find a substantial failure of consideration under the contract because the franchises still had the right to use the mark, the system and the brand,» she says.

In Anufrijeva v Southwark London Borough Council [2003] EWCA Civ 1406, [2004] 1 All ER 833, the Court of Appeal said applications should be made in the Administrative Court; but certainly it must be under Civil Procedure Rules 1998.

«Sex for World Series Tickets Not Prostitution Under Pennsylvania Law, State Appeals Court Says Main 6th Circuit Holds Fan's «Mid-Game» Assault Case Against Kobe Bryant May Continue»

«A Big Thumbs Up for Nathaniel Burney's «The Criminal Lawyer's Guide to Criminal Law» Main Sex for World Series Tickets Not Prostitution Under Pennsylvania Law, State Appeals Court Says»

There is a decision that I made that put a whole bunch of stuff in boxes under a confidentiality order, that the Court of Appeal said you're OK to do that, but you should have gone through all that and really seen what was and wasn't confidential.

The appeal is by «notice in writing of the appeal, setting out the grounds of the appeal» (Family Proceedings Rules 1991 r 8.2 A (2)(a)-RRB-, the rule does not quite say that this is under the Civil Procedure Rules 1998 Pt 52 procedure (even by analogy, and using Pt 52 forms, which are very easy to use: one minus from the case stated procedure which did proceed under Pt 52).

«While the Nova Scotia decision is now under appeal, it has set an important precedent in protection of freedoms for all religious communities in Canada,» it said.

At the 2011 retrial, ordered by the Court of Appeal, Vos J, citing 19th and 20th century judgments, concluded that «in the peculiar, some might say extraordinary circumstances of this case», Martin «knew and approved» of the 2004 will, «wanted Anne to benefit under it», «validly directed her to sign it on his behalf» and that it was «valid, even though it was signed by its beneficiary on behalf of the testator».

Under the March 21 ruling, future reforms such as requiring the court's judges to be bilingual, or creating an intermediate court of appeal, will be far more difficult, they say.