Sentences with phrase «upheld by»

Put simply, in McKinley the Supreme Court of Canada recognized the serious consequences of a dismissal for just cause and held that a summary dismissal will only be upheld by a court if the employee has committed a serious act (s) of misconduct.

The death sentence was upheld by Arizona state courts and a federal trial court, but when the case reached the U.S. Appellate Court for the Ninth Circuit, the judges sided with Hurles 2 to 1, remanding the case to a lower court to review Judge Hilliard's actions and determine if she presided over the case fairly.

This decision was upheld by the Federal Court of Appeal who ruled that the Code did not prohibit federally regulated employers from dismissing their employees without cause.

The Crown appeals; the trial decision is upheld by the Summary Conviction Appeal Judge.

The Federation's position was upheld by the Supreme Court of Canada.

More recently, in the 2005 decision Kelly v. Linamar Corporation, 39 the employer's decision to summarily dismiss a management employee with 14 years of service was upheld by the Court.

That award was upheld by the Divisional Court on judicial review.

The decision of Justice Lemon was upheld by the Ontario Court of Appeal.

Maryland's regressive «Contributory Negligence» doctrine recently and foolishly upheld by the Maryland Court of Appeals, shifts the blame to the students and not the drivers bearing down on them, in one, two and multi - ton machines at high rates of speed.

He has been involved in significant litigation involving the civil rights of Asian Pacific Americans and other minorities, such as Korematsu v. United States, a lawsuit to overturn a 40 - year - old conviction for refusal to obey exclusion orders aimed at Japanese Americans during World War II, originally upheld by U.S. Supreme Court.

A contract that does not comply with the Employment Standards Act will not be upheld by the courts.

This decision was recently upheld by the Divisional Court.

The regulation was upheld by the Nova Scotia Court of Appeal and two injured workers appealed to the Supreme Court of Canada.

Findings by the Patent Trial and Appeal Board that a number of seismic streamer patents belonging to WesternGeco LLC were unpatentable and that inter partes review petitions filed in response to a pending patent infringement lawsuit filed by WesternGeco against Petroleum GeoServices, Inc. were not time barred have been upheld by the U.S. Court of Appeals for the Federal Circuit.

Yet the restrictions of cameras in the courtroom, and in court houses generally, have been largely upheld by courts across the country.

The dismissal was upheld by the Divisional Court.

He took considerable umbrage that an asylum and immigration tribunal, upheld by the High Court, stopped the deportation of Learco Chindamo: «Abolish the Human Rights Act and replace it with a British Bill of Rights... The fact that the murderer of Philip Lawrence can not be deported flies in the face of common sense.

A law firm's partnership agreement that penalizes partners who leave the firm by canceling their entitlement to partnership income credits has been upheld by the Supreme Judicial Court of Massachusetts.

A public employer's right to search their own computer systems have generally been upheld by Federal courts, as in U.S. v. Angevine and Leventhal v. Knapek, where although an employee expectation of privacy existed, searches were considered reasonable and only a modest intrusion.

Summary Judgment was upheld by North Carolina Court of Appeals.

[Footnote 1] The constitutionality of the Tennessee law was upheld by the Tennessee Supreme Court in the celebrated Scopes case in 1927.

Because motorcycle accidents caused by defective products have become far too common, the National Highway Traffic Safety Administration (NHTSA) has instituted a number of duties that are meant to be upheld by the manufacturer.

The conviction was subsequently upheld by the Doncaster Crown Court.

After vigorous cross examination of the petitioner and his witnesses and a number of objections upheld by the Court, our client was able to avoid having an injunction entered against him.

Obtained a punitive damage award ($ 350,000) which is still the highest punitive award against an insurer upheld by the Ontario Court of Appeal (Plester vs. Wawanesa)

Much of the reasoning in the Administrative Court was upheld by the majority but Elias LJ's dissent brings in to sharp focus some interesting questions arising out of the relationship of procedural justice and executive freedom.

If the decision of the Tribunal is upheld by the Court, claimants may not get monetary compensation when the government discriminates against them through a policy or regulation.

His report and recommendation to North Yorkshire County Council in a village green case on a tricky point of prescription was upheld by the Supreme Court on judicial review: R (Barkas) v North Yorkshire County Council [2015] AC 195.

Indeed, the status of this topic as free speech that is supposed to be guaranteed under the First Amendment has been upheld by courts more than once: ● in Florida, where a judge affirmed that handing out FIJA brochures regarding jury nullification is legal based on principles of free speech ● in New York, where a federal judge dismissed false jury tampering charges against someone handing out brochures that advocated jury nullification ● in Colorado, where a judge dismissed false jury tampering charges against two people handing out FIJA's educational material on jury nullification

«Kyleigh's Law» was upheld by the New Jersey Supreme Court.

And presumably the federal regulator will not be part of the passport system, so it will be harder under the new regime (assuming it is upheld by the SCC) to clear a security for public sale than it is today under the allegedly fragmented (but in practice pretty harmonized) system.

The confidentiality has consistently been upheld by courts.

The coalition launched a «Manifesto for Justice» in the Houses of Parliament last week, identifying specific legal issues and calling for principles of justice to be upheld by all those involved in the political debate.

The last figure is upheld by the researchers: they quote the cost as # 9.11 in 2004.

This decision has now been upheld by the Ontario Court of Appeal (OCA).

««Kyleigh's Law» Requiring Decals to Identify Teen Drivers Upheld by N.J. Supreme Court Main As Usual, Justice Scalia Provokes Most Courtroom Laughter in Supreme Court's Latest Term»

Kicking things off, POM Wonderful, Inc. just received the less than wonderful news that the FTC's ruling that the company made unwarranted health claims for its pomegranate juice products, like that it helped stave off medical conditions including cardiovascular disease, prostate cancer, and erectile dysfunction, was upheld by the U.S. Court of Appeals for the D.C. Circuit.

Although some academics have questioned the very constitutionality of our current First Past The Post (FPTP) system, it was upheld by the Quebec Court of Appeal in Daoust c Quebec.

British Columbia's automatic roadside prohibition regime has been upheld by the Supreme Court of Canada after its rulings on Goodwin v. British Columbia and Wilson v. British Columbia today.

The SFO had won the battle on the basis of jurisdiction but lost the war as all of the substantive issues raised by the Claimant were upheld by the Court.

Any details concerning child support or custodial arrangements that are included in a prenuptial agreement in Alabama will not be upheld by the court.

This worldwide order was upheld by the B.C. Court of Appeal.

Try «ToS; DR» Main «Kyleigh's Law» Requiring Decals to Identify Teen Drivers Upheld by N.J. Supreme Court»

That conviction was upheld by the High Court and by the Court of Appeal.

However, it was upheld by the court and the order was set aside.

He recently authored an amicus curiae brief to the Massachusetts Supreme Judicial Court in a case of great economic significance to condominiums, in which the right of associations to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.

The US government appealed against Judge Coleman's decision, but today it was upheld by the High Court, which gave the US authorities a deadline to assure the court that, if Giese was found guilty, «there will be no attempt to make him the subject of a civil commitment order».

will not not be sanctioned, approved of or upheld by the courts when faced with applications to vary or set aside Surrey separation agreements that are deficient and unfair.

Should the decision be upheld by the Ontario Court of Appeal, it will force nearly all parties who use waivers to revisit their strategies with respect to risk management.

The Committee's decision to revoke the member's license because of her exploitation of an extremely vulnerable psychiatric patient was upheld by the Divisional Court.