Search for: "Matter of Applications for Authority"
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22 Jun 2024, 7:16 am
Those matters are for the trier of fact alone. [read post]
21 Jun 2024, 10:58 pm
Like the application of the 15% cap, this is a test to be applied by the Court considering the totality of the circumstances. [read post]
21 Jun 2024, 8:21 am
The magisterium (in the sense of having the authority to speak to a matter as well as the office from from that authority is derived) of this catholic approach--catholic in the sense of universal and generally accepted, understood with deep resonance to its etymology in the Greek καθολικός (katholicos)--is located within the apparatus of the UN operations in Geneva and fueled by a complex neural network… [read post]
21 Jun 2024, 1:00 am
However, as for the UK, the Court held that it understood the application not to relate to the UK since the UK was no longer a Contracting Member State (despite, this author notes, having done the very same thing for which Ireland was deemed to be a Contracting Member State and subsequently ratified the UPCA). [read post]
21 Jun 2024, 12:35 am
This would mean that the EUIPO’s appeal in APE TEES (EUIPO v Nowhere, C-337/22 P, see also here) would be successful, as in that case, the GC had – surprisingly – considered that what mattered was the date of application of the opposed EUTM. [read post]
20 Jun 2024, 12:44 pm
To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney. [read post]
20 Jun 2024, 7:46 am
Interestingly, those ideological rifts speak to the choice of interpretation and application of the UNGP rather than to its embrace or rejection. [read post]
20 Jun 2024, 6:25 am
Insurers will still need to present relevant evidence and applicable legal authority in support of their objections to plan confirmation. [read post]
20 Jun 2024, 6:25 am
Insurers will still need to present relevant evidence and applicable legal authority in support of their objections to plan confirmation. [read post]
20 Jun 2024, 6:25 am
Insurers will still need to present relevant evidence and applicable legal authority in support of their objections to plan confirmation. [read post]
19 Jun 2024, 5:47 am
These videos did not appear to the trial judge to contain any evidence that would change any of the medical experts’ conclusions drawn from the remainder of the evidence, but because a judge may not substitute his or her lay opinion for matters requiring expert testimony, the videos were shown to all of the medical evaluators to obtain their perspective. [read post]
19 Jun 2024, 5:37 am
Or one can begin to develop--and apply--Afro-centic structures and apparatus to further regional applications of human rights, including the rights of development and of the protection of peoples as well as people. [read post]
18 Jun 2024, 9:57 am
Any views or opinions expressed herein are those of the author and are not necessarily the views of any client. [read post]
18 Jun 2024, 9:25 am
They do matter! [read post]
18 Jun 2024, 9:01 am
Introduction Whistleblowing is on the rise – both within organisations and to authorities. [read post]
18 Jun 2024, 8:35 am
ActivityPub handles a wide variety of uses, but the application most associated with the protocol is Mastodon. [read post]
18 Jun 2024, 8:12 am
The clinical care context distinguishes CDS tools from consumer-facing home health applications and other health-related software designed for use by medical laypeople. [read post]
18 Jun 2024, 6:00 am
"[Respondent] is vested with the exclusive authority to determine all applications for retirement benefits and the determination must be upheld if the interpretation of the controlling retirement statute is reasonable and the underlying factual findings are supported by substantial evidence" (Matter of Tamucci v DiNapoli, 133 AD3d 960, 961 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Matter of Sawma v DiNapoli, 139… [read post]
18 Jun 2024, 6:00 am
"[Respondent] is vested with the exclusive authority to determine all applications for retirement benefits and the determination must be upheld if the interpretation of the controlling retirement statute is reasonable and the underlying factual findings are supported by substantial evidence" (Matter of Tamucci v DiNapoli, 133 AD3d 960, 961 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Matter of Sawma v DiNapoli, 139… [read post]
18 Jun 2024, 4:00 am
Learn about the 2000+ leading attorney authors contributing to our 26 practice areas in the Practical Guidance Author Center . [read post]