Sentences with phrase «while motions judges»

While the motion judge found Williams never held Brunning out as a «Partner» or «Associate» of the firm, she never considered the import of the fact that Williams held Brunning out as «associated» with it.

While the motion judge said that she accepted the evidence most favourable to the appellants, she never precisely articulated what evidence that was.

Not exact matches

A judge granted O'Leary's motion in December, while O'Leary Funds remains a defendant.

Last week, AARP filed an appeal of the Fifth Circuit ruling, while New York, Oregon and California filed a motion asking the court for permission to rehear the case in front of the full panel of judges — known as an en banc review.

Hogan initially sued Gawker in federal court, but after a federal judge denied his motion for a preliminary injunction (which would have forced Gawker to immediately take down the post while the case was argued in the courts), he dropped the federal case.

In August, federal judge Michael Ponsor denied his motion for dismissal, while reserving judgment on the merits.

An attorney for a man accused of helping plan the Sept. 11 attacks says a military commission judge has denied a defense motion to allow the Guantanamo Bay detainee to distribute art he makes while in detention.

By putting forward the motion, Davis and Straw acknowledged the UK's treaty obligations under the European Convention on Human Rights, while asserting that this is an issue to be decided by parliament, not judges in Europe.

In a ruling Friday night, U.S. District Judge Joan M. Azrack rejected the motion, finding that while some of the questions and answers were either inappropriate or «potentially inappropriate,» they and others like them would be barred from jury deliberations.

Have someone else move the striped card back and forth along any axis while you look at the stripes within the aperture and judge their direction of motion.

In an order issued 23 January, US District Court Judge Lawrence O'Neill denied a motion filed by the California Air Resources Board (ARB) to stay the injunction on the enforcement of the Low Carbon Fuel Standard (LCFS) he had ordered in the earlier decisions of 29 December 2011 while ARB... Read more →

Once you're on the road and your pet gets used to the motion, you'll be able to judge rather or not he's capable of eating a small meal while taking a break or not.

While it's difficult to judge without seeing hte game in motion, the visuals look rather similar to last year's game and show little signs of improvement, but we'll reserve judgement until we've seen the game in action for ourselves.

Among her many staggering incompetences, DC Superior Court judge Natalia Combs - Greene then denied NR's motion to dismiss the fraudulent complaint while simultaneously permitting Mann's lawyers to file an amended complaint.

In an order issued 23 January, US District Court Judge Lawrence O'Neill denied a motion filed by the California Air Resources Board (ARB) to stay the injunction on the enforcement of the Low Carbon Fuel Standard (LCFS) he had ordered in the earlier decisions of 29 December 2011 while ARB... Read more →

Judge Grants Motion to Allow Punitive Damages in Driving - While - Texting Lawsuit Main Tuesday's Three Burning Legal Questions»

While there appeared to be a consensus for years that strict language was required to displace the common law without infringing on the ESA, Rose says a 2016 Ontario Court of Appeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier rulings.

In addition, while the Court cautioned that it may exclude counsel due to prior misconduct, such as «commencing class actions, not pursuing them, and then using them to demand ransom from other counsel in carriage disputes,» it could not be said that the motion judge was unaware of the issue, or that he erred in awarding carriage despite MLG's participation in the Rochon Group.

While placing some emphasis on the question of class counsel fee arrangements, the Court ultimately deferred to the discretionary decision of the motion judge in his evaluation of the claims being advanced by the class counsel, and their respective degrees of preparation.

* Study and explore the possibility of the development of a judicial protocol with the aim to: * Allow for communication among judges in overlapping class actions proceedings * Coordinate and harmonize activities in proposed overlapping class proceedings in order to maximize efficiency, reduce costs and avoid the duplication of effort; * Honour the independence and integrity of the superior courts while promoting inter-provincial cooperation and respect for comity; * Implement a framework of general principles to address basic administrative issues arising out of national and multijurisdictional class actions; and * Provide for nationally - accepted carriage motions.

Making the best of that luck: While working for the judge, I read countless motions and pleadings, honed my research and writing skills, and sat in on several trials.

Weinstein said, «While no partiality could be construed in rejecting defendant's motion for summary judgment based on timeliness, recusal now is desirable to avoid the appearance of partiality by the undersigned judge in future decisions in the case.»

While recusing himself in Floyd v. Cosi, 14 - cv - 3772, Weinstein denied Cosi summary judgment but gave it permission to renew the motion before another judge, after discovery was conducted «under close supervision of the magistrate judge.»

The motion judge held he was strengthened in this view because another clause of the insured's policy (the «while being worked on» clause) included an explicit statement regarding resulting damage.

Judge Grants Motion to Allow Punitive Damages in Driving - While - Texting Lawsuit»

While sarcasm is best avoided in judgment writing, the trial judge's [Motion Judge] comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidjudge's [Motion Judge] comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidJudge] comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidavit.

The judge commented that «The Court has rarely seen a motion with more merit,» and took judicial notice that «Ruth's Chris [Steakhouse], while open for dinner, is not open for lunch» (Physicians Choice of Arizona v. Mickey Miller, CV 2003-020242 (Maricopa Cty.

While the Court of Appeal clearly rejected the Appellant's submission that the Motion Judge's comments raised a reasonable apprehension of bias in this case (describing the argument as «baseless» at para. 7), the Court of Appeal did not wholeheartedly endorse the approach taken by the Motions Judge either:

While both the Supreme Court and Court of Appeal found that the motion judge did not explicitly address the correct test for civil fraud, both were satisfied that his findings supported the result.

From a legal standpoint, the motion judge's ruling effectively circumvented the distinction in law between the types of award: Unpaid equalization payments got swept into the husband's bankruptcy and evaporated once he was discharged, while spousal support obligations did not.

Pellew is yet another example of an unsuccessful bias appeal, while Hersey deals with the sufficiency of a motion judge's reasons.

While we must wait to see what happens with the appeal, and whether the pre-approval procedure adopted by the motions judge is confirmed or modified, criminal and civil counsel need to be cautious how they treat productions when there is a multiplicity of legal proceedings arising from the same events.

While Ontario judges may be more amenable to granting such motions, they appear less interested in taking up the Supreme Court's call for judges to remain seized of cases when motions for summary judgment fail.

The Court of Appeal held that while it may have been just for the motion judge to set aside the judgment and allow a defence, it was not just for the motion judge to make a final determination and substitute a new interest rate.

«I would conclude that the Ontario supervising judge while physically located outside the province has the jurisdiction and discretion to conduct the motion remotely and concurrently with his or her judicial supervisory counterparts,» wrote Juriansz, who emphasized the necessity of ensuring the open - courts principle but found technological alternatives could accommodate the requirement that the Ontario public be able to attend the hearing in an Ontario courtroom.

The judge noted that while Ferro's office became aware of the dismissal in January 2012, it took until November 2012 for the firm to serve a motion record to set it aside.

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.

While the first defence does not apply in this case, the motion judge accepted the respondent's evidence that he was innocent of any wrongdoing and unaware of the fraud perpetrated against the appellant.

While summary judgment may have been appropriate had the motion judge exercised her powers under rule 20.04 (2) to hear oral evidence, she did not seek to do so.

While the reasons here could have been more fulsome and it would have been preferable had the motion judge specifically referenced ss.

While a more substantial presence, along the lines discussed in the cases, would have added weight to the motion judge's determination, the Court of Appeal does not accept the appellants» submission that the factors taken into account by the trial judge in finding jurisdiction simpliciter were insufficient.

A recent study found that judges in the Eastern District granted only 18 % of motions for summary judgment of invalidity while the national grant rate is 31 %.