Sentences with phrase «under the appeal process»

Not exact matches

«Judge Doty's order did not contain any determinations concerning the fairness of the appeals process under the CBA, including the commissioner's longstanding authority to appoint a designee to act as hearing officer.

Giving the lead judgement, master of the rolls Lord Dyson found the rules governing the appeals process under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases».

Additional criminal offence under Prison Act 1952 for possession of mobile phone device within a prison without authorisation Compulsory licensing scheme for all wheel clamping businesses, limiting size of penalties imposed and introducing fair appeals process.

The current process is shrouded under a veil of silence and secrecy and excludes any public oversight or mechanism for appeal.

In response, Chris Ortman, MPAA spokesperson, had told TheWrap, «Under the Classifications and Ratings Administration (CARA) rules, the ratings board and appeals board maintain confidentiality and do not comment publicly about the process for movies under review.&rUnder the Classifications and Ratings Administration (CARA) rules, the ratings board and appeals board maintain confidentiality and do not comment publicly about the process for movies under review.&runder review.»

The U.S. Court of Appeals for the Fifth Circuit has ruled that a school district's failure to provide tenured public - school teachers with a hearing prior to dismissal violates the teachers» due - process rights under the 14th Amendment.

In papers filed with the U.S. Court of Appeals for the Seventh Circuit, the teachers claimed that the layoff clause in their contract violated their equal - protection and due - process rights under the 14th Amendment and their right to protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.

Given the reality that the current appeals process all but protects failing teachers from losing their jobs (fewer than one percent of teachers sent to the infamous «rubber rooms» under the city's current agreement with the AFT ever lost their jobs no matter how deserving), one can easily understand why Mayor Michael Bloomberg is rightfully opposing the union's demand.

Under current law, teachers who are fired can appeal their case to a three - member disciplinary commission of a judge and teachers chosen by both sides, a process that can take years to resolve and can cost school districts hundreds of thousands of dollars.

The Dallas Crown horse slaughter plant in Kaufman, Texas was ordered closed by the town's Board of Adjustments in March of 2006, but managed to tie the process up with appeals until it was closed under an unrelated state law in 2007.

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.

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.»

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.

An overview of the new accident benefits arbitration process under the License Appeal Tribunal

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 appeals process itself can have its own set of elements, like preservation of error, or harm from the ruling under review.

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.

No doubt a similar process will apply for appeals of CRT decisions made under its function as an alternative to small claims matters.

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).

The Court held that the appellants» Convention rights had been breached by the manifestly unfair process in the court below, so they had a right to appeal under the Human Rights Act 1998.

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

(judicial review arising from failures of due process in the Bar's disciplinary arrangements discovered by a report by COIC in 2012; time expired disciplinary judges — whether a tribunal «established by law» under ECHR Art. 6 and Art. 47 of the EU Charter of Fundamental Rights; whether Art 47 now has direct effect in UK; whether laid down selection process of disciplinary judges had to be followed at all; whether prosecutor could partake in selection process of disciplinary judges; whether a disciplinary judge could properly receive an undisclosed salary from the prosecutor; whether logjam in Visitorial appeals process caused unlawful delay; whether proper Art. 6 security of tenure when BSB sits on committee (COIC) with the power to remove disciplinary judges from the «pool» at will; whether «discreditable» conduct should be defined).

IPCO took the matter to the Court of Appeal which ruled that enforcement should be granted on the basis that the Gordian knot caused by the «sclerotic» process of the Nigerian proceedings should be cut, and referred the matter back to the Commercial Court to decide whether the alleged fraud could provide NNPC with a public policy defence under s103, and should NNPC be allowed to challenge enforcement on those grounds, further security of USD 100 million had to be provided (in addition to the USD 80 million it had already provided).

Coalson appealed, and, in reversing the trial court, the Supreme Court ruled that, «Coalson's punitive damages award was not excessive under Virginia law nor did it offend Canchola's due process rights.»

The Court of Appeal could not exercise its power under CPR r. 52.17 to reopen a final determination of an appeal concerning the ability to seek rectification of the Land Register following a fraudulent sale and subsequent charge merely because the determination had been factually incorrect: it had to have been arrived at by a corrupted process, such as fraud orAppeal could not exercise its power under CPR r. 52.17 to reopen a final determination of an appeal concerning the ability to seek rectification of the Land Register following a fraudulent sale and subsequent charge merely because the determination had been factually incorrect: it had to have been arrived at by a corrupted process, such as fraud orappeal concerning the ability to seek rectification of the Land Register following a fraudulent sale and subsequent charge merely because the determination had been factually incorrect: it had to have been arrived at by a corrupted process, such as fraud or bias.

Rachel also addressed primary payer and secondary payer's responsibilities for claims under the MSP; how the recovery process differs between workers» comp and liability; primary payer consequences for failing to reimburse Medicare; and common issues that complicate conditional payment disputes and appeals.

Except for the appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any appeal process under the BCICAC Rules, the parties agree that they will not appeal any arbitration decision, or decision of an Appeal Tribunal, to any appeal any arbitration decision, or decision of an Appeal Tribunal, to any Appeal Tribunal, to any court.

The prohibition against strikes in the Public Service Essential Services Act substantially interferes with a meaningful process of collective bargaining and therefore violates s. 2 (d) of the Charter; the infringement is not justified under s. 1; the declaration of invalidity suspended for one year; and the appeal with respect to The Trade Union Amendment Act, 2008 is dismissed.

Labour Law: Essential Services; Right to Strike; Freedom of Association Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4 (35423) The prohibition against strikes in the Public Service Essential Services Act substantially interferes with a meaningful process of collective bargaining and therefore violates s. 2 (d) of the Charter; infringement is not justified under s. 1; declaration of invalidity suspended one year; appeal with respect to Trade Union Amendment Act 2008 dismissed.

We emphasize that this does not deprive the judge of a remedy where procedural or fairness issues arise in an inquiry, just that the sui generis judicial conduct process under the Judges Act has built into it a mechanism (by way of appeal from the Committee to the Council at the end of the inquiry process) to address those issues through the Council which is itself a superior court.

In the tax controversy area, Amish represents clients under IRS examination in all phases of the controversy process including examination, IRS Appeals, post-Appeals mediation and trial - level and appellate litigation.

This Guide provides general information about the court process for appeals under the Provincial Offences Act.

The central issue on the appeals was whether the imposition of this two step process was correct under a proper interpretation of the Treaty or under Canada's constitutional framework.

We've learned of a new Practice Direction on Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court which will be implemented next month — it establishes a regularized process to satisfy the requirement to file electronic versions of factums and transcripts — a requirement that is already in place under Rules 61.09 and 61.12 of the Rules of Civil Procedure.

Amendments under bill 111 will enable the LSUC «to strengthen its hearing and appeals process for alleged cases of professional misconduct involving lawyers and paralegals, making it more transparent, fair and cost - effective,» said the law society.

In the process, Justice Ikola, writing for a 3 - 0 panel of our local Court of Appeal, faced some interesting legal issues relating to fee entitlement under the Uniform Fraudulent Transfer Act (UFTA) or the «tort of another» doctrine.

How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: [phone] Cell Phone: [phone] Fax: [phone] E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request

The 2004 Act also provides for a process of mediation following the exhaustion of any rights of appeal under the legislation.

Is it not that this report sort of speaks to findings made by Ms.A while acting on behalf of CB — unless the people making findings and decisions are out there working «in the field» often they truly do not know finite issues that make the industry function best under the guidelines of experts, and why REALTORS (r) and other specialists are needed in the process): (copied from body of report: «While the lower court found a binding agreement, the Court of Appeal held otherwise.

The court also remanded the matter back to the trial court for further proceedings to determine the proper amount of attorney fees to be awarded under the Act, and the court also awarded the Seller attorney fees for the appeals process.