Sentences with phrase «upheld by a court»

The industry switched to lending under other laws which was upheld by the courts and not corrected by the Ohio legislature.

GENEVA — Atletico Madrid's transfer ban was upheld by the Court of Arbitration for Sport on Thursday, hurting Manchester United's hopes of signing France forward Antoine Griezmann.

Lacazette has been linked with several top clubs and looked set to join Atletico Madrid before their transfer ban was upheld by the Court of Arbitration for Sport.

For example, products were seized in India in October 2012 for failing to abide by labelling requirements, a decision recently upheld by the courts in July 2014, despite an appeal by Nestlé.

At the end of the trial, the presidential results, which originally favoured the sitting President, John Dramani Mahama, were upheld by the Court.

With regard to your last paragraph: an executive order that has been upheld by the courts can still be overturned by an executive order (or by statute).

The firings were ultimately upheld by the courts.

It does, however, (in its own convoluted way) address the imbalance in power in the state's budgetary process that has resulted from the Pataki Administration's aggressive interpretation of the Constitution as upheld by the Court of Appeals.

ALBANY, NY (07/26/2010)(readMedia)-- «Governor Paterson knows full well that he has a binding agreement with CSEA that has been upheld by the courts precluding layoffs before 2011.

the SM has been found to be a legal investment vehicle and has been upheld by the courts on several challenges.

The sooner it is upheld by the courts, the quicker we can meet and overcome the greatest environmental challenge of our time.

My original statement did not talk about validity, my point in that statement was until the presumably valid patent is upheld by a court of law either through a challange defense or successful infringement litigation, the patent really is not worth the paper it is written on.

And if upheld by the courts and implemented, the plan would have built a «durable» national regulatory framework.

Utilities and their lawyers perhaps believe that re-opening the endangerment finding is not the policy to pursue because it has already been upheld by the courts.

When all is said and done, your final product should be something that is upheld by a court of law if challenged by another.

Following a one - day hearing on 27 March, that ruling has now been unanimously upheld by the Court of Appeal in a judgment handed down on 23 April.

The decision was upheld by the Court of Appeal which noted that if the English proceedings had not been stayed, there would be competing litigation in concurrent jurisdictions as the wife had not applied for a stay of the Israeli proceedings (and she was prevented from doing so due to the content of the Consent Order in the Israeli proceedings).

A recent Supreme Court of British Columbia decision reveals that an award for aggravated and / or punitive damages is not automatic where termination for cause is not justified and upheld by the court.

And although judges retain a discretion to refuse nonetheless to make PCOs, it is difficult to see how a judge could use that discretion to refuse a PCO in the type of case in which the making of a PCO has been upheld by this court and there were no policy factors (for instance, collusion or the creation of an artificial case) that militated against it.»

The freezing order was discharged by the Commercial Court on 11 July 2008 and, within a remarkable 17 days, the discharge was upheld by the Court of Appeal, the claimant having lost on all grounds both below and before the Court of Appeal.

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.

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

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

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.

The confidentiality has consistently been upheld by courts.

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

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.

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.

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

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

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.

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.

A dismissal for cause will only be upheld by a court for serious acts of misconduct.

The ONCA referenced the prior decisions of Haldenby v. Dominion of Canada General Insurance Company and Ladhar v. Economical Mutual Insurance Co. (upheld by the Court of Appeal in Wadhwani v. State Farm Mutual Automobile Insurance Company), which addressed the same issue and concluded that the Plaintiff's argument based on the return to work provision would extend an Insured's entitlement to benefits for an indeterminate period of time, and would be inconsistent with the need for finality, certainty and the principle of diligence, underlying limitation periods.

Like the probation period provision considered above, some non-competition and non-solicitation provisions are going to be upheld by the courts, but others are not.

Some wording will be upheld by the courts and other wording will be struck down.

These findings are subsequently upheld by the Court of Appeal and the Attorney General stays the charges against the Appellants.

The court later declared that the release requirement was legally unenforceable because of section 11 of the Arthur Wishart Act (Franchise Disclosure), 2000, and the decision was upheld by the Court of Appeal for Ontario.

Last month, Gross J's judgment on s 13 was upheld by the Court of Appeal (see [2007] EWCA Civ 1128, [2007] All ER (D) 120 (Nov)-RRB-.

It obtained an interim injunction to enforce this decision; this was then upheld by the Court of Appeal.

However, the claimant argued that a priest is akin to an employee in the sense of being controlled by the church and therefore vicarious liability should arise; this argument was accepted by the judge at first instance in JGE and was upheld by the Court of Appeal.

Those decisions were upheld by the Court of Appeal in October 2007 -LRB-[2007] EWCA Civ 1042, [2007] All ER (D) 396 (Oct)-RRB-.

More importantly, our New York divorce attorneys are constantly closely following the developments in the law concerning marital contracts to make sure that our prenups and postnups are enforceable and will be upheld by the courts.

Defenses To A Separation Agreement If one party of the marriage is forced into the agreement, then it might not be upheld by the court.

That pro-employee decision (generally known as the «absolute» approach) has now been upheld by the Court of Appeal.

The EAT ruled against this argument and its view was upheld by the Court of Appeal.

While stacking is allowed, clear anti-stacking clauses in an insurance policy have been upheld by the courts.

Although they aren't technically legally binding, agreements that have been properly and fairly negotiated will be upheld by the court if challenged

The case was upheld by the Court of Appeal.

Not exact matches

The «Winklevii» claimed they were misled by the company's valuation, but the settlement was upheld by a federal appeals court.