Sentences with phrase «upon it the court reverses»

Not exact matches

The Constitutional Court voted 9 — 0 to reverse the regulations, saying they violated Indonesia's 1945 constitution, which simultaneously declares the country «based upon the belief in the One and Only God» and «guarantees all persons the freedom of worship each according to his / her own religion and belief.»

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

The Court of Appeal reversed the decision in part and awarded $ 10,000, recognizing a right of action for intrusion upon seclusion to reflect the changing needs of society.

the decision by the HCA was partially reversed and then restored upon appeal, against which Allianz appealed to the Hungarian Supreme Court.

TD Land, Co, Inc v Phillip R Seaver Title Co, Inc Michigan Court of Appeals Docket No 236573 (December 21, 2002)(reversing decision granting summary disposition on legal malpractice case based upon apparent authority to enter into agreement)

The Ninth Circuit reversed the published decision of the district court, which had denied insurer's motion for summary judgment, holding that a defect that is not apparent upon reasonable inspection, but only comes to light after an intensive post-failure expert examination, is a latent defect within insurance policy's latent defect exclusion.

And for the same reason, and upon the same principles, where the defect of jurisdiction is patent on the record, this court is bound to reverse the judgment although the defendant has not pleaded in abatement to the jurisdiction of the inferior court.

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice cCourt reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice ccourt and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claim.

This Court can reverse the Federal Court's fact - based discretion only upon demonstration of palpable and overriding error or failure to give weight to all relevant considerations: H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401; MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2, [2010] 1 S.C.R. 6 at paragraph 43; Community Panel of the Adams Lake Indian Band v. Adams Lake Band, 2011 FCA 37 at paragraph 31.

Chicago labor and employment partner Frank Saibert authored this column about a recent decision in the 7th U.S. Circuit Court of Appeals which reversed the National Labor Relations Board ruling regarding a case involving a scribbled - upon ballot in a secret union ballot election.

Charles J decided that because of a familiar bone fragility and the parent's ability to discharge the evidential burden of possible accidental injury, there was insufficient evidence to satisfy the threshold criteria, commenting at para 155: «If parents impress a court... as credible witnesses... that is a factor in the overall factors to be taken into account which effectively reverses the degrees of likelihood placed upon the likely causative event identified by medical experts.»

After noting the limited grounds upon which an arbitration award may be vacated, the state supreme court reversed the trial court's decision to vacate the award.

Eastern Consolidated Properties, Inc. v. Lucas (285 A.D. 2d 421)- Supreme Court's order to dismiss broker's complaint reversed; broker's complaint sufficiently alleges that certain defendants have the authority to act on behalf of all defendants in the underlying real estate transaction; upon procuring a buyer ready, willing and able to purchase on the seller's terms, the broker has earned its commission and a seller who frustrates the consummation of the transaction is liable nonetheless to the broker; no requirement that a brokerage commission be in writing (GOL 5 - 710 [a][10]-RRB-

Matter of Roberts Real Estate v. DOS (171 A.D. 2d 217)- Third Department reverses DOS finding of failure to disclose (51 DOS 90) based upon Real Property Law § 442 - c, where representative brokers did not have actual knowledge of the alleged incident New York Court of Appeals (80 N.Y. 2d 116, October 20, 1992) affirms, with modification that the relevant «actual knowledge» is that of corporate officers, directors and representative brokers; applies RPL § 442 - c to prohibit suspension or revocation on vicarious basis, and remands to DOS to reconsider lesser sanctions.