Judge Signs With Kansas Town Against Big Oil Sep 25, 2008
Allen County District Judge Daniel Creitz said strict liability for the contamination was not a question of fact for the jury to decide but a question of law -- and that the city was entitled to judgment in its favor as a matter of law. The jury should only have been instructed to determine damages to be paid by oil giant BP Corp. North America and its predecessors, Creitz said. (W-USA News, DC)
Court tells Shafee he cannot act for himself in defamation suit Sep 3, 2008
I have argued that Shafee shall not appear in court in the case, which he has reason to believe that he will be a witness in respect of a material and disputed question of fact, he said. Raja Petras other lawyer, J. Chandra, said the judge issued the order after hearing the defence argument that Shafee could not appear in the case in which he has a pecuniary interest. (The Star Online, Malaysia -- News)
Wrong man: police bungle rape arrest Aug 6, 2008
"It is a question of fact in each circumstance as to whether or not police have been negligent. If they have not met a reasonable standard of conduct in having sufficient evidence to lay charges, then it is possible for a court to hold police liable to compensate a person for loss and damage suffered.". Mr de Mesa was overcome with relief when told he was no longer a suspect, but feels no anger at police. (Sydney Morning Herald -- Australia)
REGION: Convicting officer may prove tough, experts say Jul 31, 2008
"Ultimately, this is a straight question of fact for a jury," Steinberg said. "They will have to make the determination of what happened.". (North County Times)
Criminal offence Jul 29, 2008
Whether or not it is for the public good is a question of fact. In a civil claim, the action would come to an end on the death of the plaintiff before a decision is handed down. (The Star Online, Malaysia -- News)
LETTERS: NCT, July 7, 2008 Jul 8, 2008
But that is a question of fact which only the jury can decide. The question of law, decided by judges at trial or on appeal, is the applicability of scope, and the jury determined the amount it would take to create sufficient deterrent to future wrongdoing. (North County Times)
Marie Champion, 81; was admissions officer at Harvard Jun 23, 2008
"If there was a question of fact, you looked it up, but everyone was entitled to their own opinion," her daughter said. Mrs. Champion liked to recount a friend's remark made about her during the height of the women's movement. (Boston Globe)
Sounds like Cal Thomas is the one who’s not acting like a true Christian Jun 17, 2008
To Harsch wrote on Jun 16, 2008 3:48 PM:" But if you believe something is true, you would believe that something that contradicts it is false. When discussing a question of fact, I don't accept your assertion that disagreement=bigotry. ". Is Cal Thomas right wrote on Jun 16, 2008 3:32 PM:" Let's not get our panties in a bunch over this. Instead, let us, as freethinking Christians, stop, and take the time to examine what Cal Thomas actually said. It is not unreasonable to think that some... (La Crosse Tribune, WI)
Woman Gets Third Chance to Pursue Malpractice Suit Against Lawyer Jun 5, 2008
The court in Rubens I said determining "whether Mason's alleged failures were negligent or merely reasonable tactical decisions presented a question of fact that could not be resolved on summary judgment.". In the circuit's second remand opinion issued Tuesday, Calabresi said Rubens I "effectively foreclosed" Chin's latest finding that Mason had made tactical and strategic decisions that cannot amount to malpractice. (Law.com)
Becoming a Non-Resident of Canada May 20, 2008
Liability for Canadian income tax depends upon "residence", a question of fact to be determined on a case by case basis ... Residence is a question of fact, to be determined by looking at the various factors. (Suite101.com)
Court allows publisher to challenge ban on use of word Allah May 6, 2008
She said SFC Azizah had argued that the proper mode to do so was by way of civil suit and added that the issues involved question of fact to be decided by court after hearing expert evidence on the subject matter. With regret, I find the contention of the learned SFC cannot be sustained, she said yesterday. (The Star Online, Malaysia -- News)
Limits on criminals' suits sought Mar 28, 2008
Appellate Judge Joseph Howard, though, said there is a higher law: The state Constitution specifically says the question of whether someone contributed to his or her own death or injury is a question of fact - one that has to be decided by a jury. Kavanagh's original proposal sought to get around that by instructing juries that they cannot award damages in a case where the person committing the criminal act was at least 50 percent responsible for the injuries. (AZCentral -- Business)
WOLEDZI v. AKUFO-ADDO and Another Mar 3, 2008
Negligence is a question of fact. The burden of proof is on the plaintiff to establish that the defendants negligence caused the accident. (Ghana Web, Ghana)
Landlords Have Duty to Take Reasonable Steps to Prevent Foreseeable Criminal Acts Oct 22, 2007
That, they said, was a question of fact for a jury to decide. Suppose you are a California landlord with a problem tenant like Daniel. (RealtyTimes)
PBR 2007: The highlights. By Simon Sweetman Oct 10, 2007
The press release talks about UK residents who are non-domiciled rather than those who claim, which is an improvement because domicile is a question of fact, however difficult it can be to establish that fact. Seven years residence and you cop a 30,000 annual fine. (Accounting Web, UK)
Dependent relatives and PPR letting relief By Nichola Ross Martin Aug 6, 2007
This is a question of fact, but as the previous view was not in accord with treatment afforded to gains on dwelling houses occupied by the beneficiaries of settlements as well as that of normal owner occupiers, and so there will be those who beg to differ. If taxpayers do not agree with HMRC they can take this up with the commissioners if they want to amend returns for 2004/05 and earlier. (Accounting Web, UK)
Reloading history May 16, 2007
At the heart of the matter is the question of fact versus fiction; will viewers understand this is a fictionalised account of a true event, or has the ABC rewritten history in the minds of the average viewer. In the series, the characters have the same names as the real-life players and look obviously similar to them. (The Age)
Court Backs Police in Chase That Hurt Driver May 2, 2007
The Court has usurped the jury;s fact-finding function,; Justice Stevens said, adding that ;whether a person;s actions have risen to a level warranting deadly force is a question of fact best reserved for a jury. With evident sarcasm, Justice Stevens referred to the other justices as ;my colleagues on the jury. (Foster's Daily Democrat)
Experts Still Disagree On Cause Of Boot Camp Death Mar 16, 2007
" However, medical examiners such as Michael Baden of New York, who has observed and assisted in the investigation, maintain that sickle cell trait had nothing to do with Anderson's death. Even among those who back Siebert's conclusion about sickle cell trait, the cause and manner of Anderson's death are far from clear-cut. The differing opinions could have an effect on the prosecution of the criminal case against seven guards and a nurse, one legal expert said. Charles Rose, a professor at the... (Tampa Bay Online, FL -- News)
Case against Julie Amero needs to be deleted Mar 16, 2007
This isn't a question of interpretation ("How likely would you be to get infected?"), it's a question of fact. And the fact is that yes, you can get a never-ending loop of porn, and yes, spyware and adware most certainly can generate porn. (USA Today -- Tech)
The Trial of Hon. Abodakpi Feb 23, 2007
But is this a question of fact or law. Under whose authority was said money transferred and who actually is this infamous Law of Causing Financial Loss designed to bring under its fold. (Ghana Web, Ghana)
Does Apple have a music monopoly issue? Jan 4, 2007
"Apple has presented various business rationales for its product decisions; however, the existence of valid business reasons in antitrust cases is generally a question of fact not appropriate for resolution at the motion to dismiss stage.". Bottom line: The complaint, which seeks an unspecified amount in damages, will proceed from here. (ZDNet)
Read H&C's Interview Jan 4, 2007
It's a question of fact for a jury to decide. But understand this, I mean, what we wanted to do was ensure that we got a conviction on this case. (Fox News)
Smokers Await Calif. High Court Ruling With Bated Breath Dec 6, 2006
A common-knowledge defense to fraud claims, the rulings held, raises a question of fact for a jury to decide. "Our holdings in Soliman bind us," the 9th Circuit said in Grisham's case, "but at the same time we do not wish to ignore the intervening decisions of California's intermediate appellate courts.". (Law.com)
Oral Agreement Could Supersede Ski Resort's Release Form Nov 17, 2006
The court reversed a Somerset County judge's grant of summary judgment to the ski resort and ruled that a question of fact remains as to whether there was a breach of an oral agreement and whether it could void the signed release from liability form ... "Therefore, we cannot conclude as a matter of law that the disclaimer is enforceable, as this question of fact remains as to what the ski lift operator said to appellant." ... The trial court ruled that under the Skiers Responsibility Act and the... (Law.com)
Claims Against Karate School Over Broken Nose Dismissed Oct 25, 2006
Thus, he concluded that "the issue of whether Bertelle's actions exceeded the risk inherent in the sport is a question of fact that cannot be determined at this juncture.". Empire State Karate and Santamaria were represented by Rivkin Radler of Uniondale. (Law.com)
Teen says he was punched, threatened by deputies Oct 25, 2006
"Both officers adamantly deny any punching or use of force. That is an issue in dispute and a question of fact for the trier of fact to determine.". Irvin Landry said his son was examined by a doctor Saturday, and that X-rays revealed bruising in the abdominal area and a sprain in the back. (WWLTV.com, LA)
Was that spineless blue creature that I spotted by the sea a Tory jellyfish? Oct 5, 2006
From the votes of millions of individual minds, hardly one of which one would trust on any important question of fact or opinion shaky, flaky, often downright loony something solid, even wise, is made. Perhaps the individual lunacies, pulling every which way and that, cancel each other out; and what persists are the judgments-in-bulk, the opinions in which most people tend to concur. (TimesOnline)
Transcript: Counterterror Experts Debate Clinton Claims on 'FNS' Oct 2, 2006
" We should note we invited , the counterterrorism expert President Clinton mentioned last week, but he declined. Gentlemen, thank you all for coming today. Let's start with President Clinton's claim in our interview that he may not have known in 1993 about Usama bin Laden but that, as time went on, he became very knowledgeable about him. Here it is. (Story continues below) Advertisements Related Column ArchiveStories (BEGIN VIDEO CLIP) WALLACE: Did they know in 1996 when he declared war on the... (Fox News -- Views)
Bush critic hits Clinton's claims about ... (Eric Pfeiffer) Oct 2, 2006
"For him to get on the television and say to the American people he did all he could is a flat lie, sir. This is not a question of interpretation or judgment. This is a question of fact. And the documents will show the president had the opportunity." Mr. Scheuer was part of a "Fox News Sunday" panel that debated the Clinton administration's efforts in fighting terrorism, one week after Mr. Clinton caused a stir by getting visibly angry at Fox interviewer Chris Wallace's questions on the topic.... (Washington Times, DC)
AWB: Read the Federal Court's statement Sep 18, 2006
Dominant purpose is a question of fact that must be determined objectively. In determining AWB s claims of legal professional privilege, I have looked to the substance of the matter, having regard to the context, the nature of the document, the evidence that was lead in support of the claim of privilege and the content of the document as revealed by inspection. (The Australian)
Insurance woes abound Sep 17, 2006
The article is one of the more comprehensive articles I have read in PNJ. However, one question of fact arises for me: the figure quoted for insurance company "losses". If this means payouts to customers for their losses that seems to me to be a misuse of the term "loss" since that is what an insurance company sells -coverage of insured's losses. (Pensacola News Journal)
• HP case raises questions o "pretexting" legality Sep 16, 2006
Whether HP officials can be tied to any alleged crime will be a question of fact, says Robert Weisberg, a professor of law at Stanford University and an expert on white-collar crime. Lockyer would need some information that they were pretty well clued in. (Racine Journal Times, WI)
Readers, residences and Roths Sep 15, 2006
A: According to the state Board of Equalization, "Whether a dwelling located in California is a person's principal place of residence is a question of fact (meaning it depends on the individual circumstances). To qualify for the exemption, a dwelling must be the person's true, fixed and permanent home and principal establishment to which he/she, whenever absent, intends to return. In-state presence, vehicle registration, voter registration, bank accounts and state income tax filings are among... (San Francisco Chronicle)
State's HP Case May Be Tough to Win Sep 15, 2006
The state's ability to tie HP officials to any alleged crime "will be a question of fact," says Robert Weisberg, a professor of law at Stanford University and an expert on white-collar crime. Lockyer would need "some information that they were pretty well clued in.". (Los Angeles Times)
Ralph Peters' Fog of Confusion on Islam Sep 12, 2006
This is simply a question of fact ... But here again, this is simply a question of fact. (Human Events Online)
Hope for a better world Aug 26, 2006
But the conclusion depends also on a question of fact. Is terrorism really "the only possible means" available to the Palestinian people to alleviate their suffering. (Guardian Unlimited -- Books)
Appeals court ruling clears way for suit in FBI shooting Aug 2, 2006
The court said there was a dispute over whether Mr. Braga had heard the command from another agent to Mr. Schultz to unlock the car door and whether "a reasonable officer in Agent Braga's position could have believed that Schultz was making a noncompliant, dangerous movement warranting the use of deadly force to protect himself and others from an immediate and deadly threat." Arnold Weiner, Mr. Schultz's attorney, said he was "gratified that the 4th Circuit did the right thing, and now Mr.... (Washington Times)
TAX FEATURE: The Monaco Millionaires - morally wrong or sound tax planning? By Dan Martin Jul 15, 2006
"Taxation is a question of fact supported by legislation," he says ... "Taxation is a question of fact supported by legislation. Morality is a question of subjective judgement which is forever changing. The two will never meet.". (Accounting Web, UK)
Soccer Injury Case Proceeds Despite Plea to Harassment Jul 6, 2006
She continued, "In light of this conflicting testimony, a question of fact exists as to whether defendant's conduct was the cause of plaintiff's injury.". Theodoropoulos is represented by Drew Schirmer of Bruno, Gerbino no of Melville. (Law.com)
Barbie not just a doll, top court rules Jun 4, 2006
"Whether or not there exists a likelihood of confusion is largely a question of fact.". Lawyer Bill Mayo, an expert in the intellectual property field, said that owners of famous trademarks can take some solace in the fact that the court has left open the possibility of a trademark being so well known that virtually any use could result in confusion. (Globe and Mail)
Barbie, Veuve Clicquot lose trademark battles Jun 3, 2006
Whether or not there exists a likelihood of confusion is largely a question of fact. Judge Binnie said that the original decision by the Trade-marks Opposition Board to disallow Mattel's claim was reasonable under the circumstances particularly since Mattel furnished little evidence of confusion in the minds of consumers. (Globe and Mail)
Prospect convicted of most serious charge May 27, 2006
"That should have been a question of fact for the jury to decide," he said. "We were disappointed in the legal instruction and from talking to the jury, they were under the impression that as a matter of law, he was a public servant, which is not the case.". (Newsday)
Give us breath of fresh air in public meetings May 20, 2006
Or respond to a simple question of fact. That's nothing short of ridiculous. (Naragansett Times, RI)
Unions to appeal fire-sharing plan May 17, 2006
"We're appealing because the trial court didn't make a determination that a question of fact existed with regard to the safety of the firefighters involved," he said. Helveston said that involved the definition of mutual aid versus automatic aid. (The News-Herald)
Judge Declines to Find Garden Hoses Inherent Danger to Bicyclists in Manhattan May 10, 2006
"It's certainly at minimum a question of fact whether encountering a garden hose is an inherent risk. There are lots of inherent risks to bicycling in Manhattan, but I don't think that's one of them.". Glenn H. Egor of the Uniondale, N.Y., office of Rivkin Radler represented Chelsea Piers. (Law.com)
N.Y. Law Firm Ruled a Public Figure in Defamation Suit Apr 18, 2006
The judge said the law firm had advanced a colorable explanation for its actions during the investigation of Sylver's action so a question of fact remained as to whether Schmitt's contention was true. She rejected as clearly false, however, his statements that the firm had made illegal campaign contributions. (Law.com)
Calif. Supreme Court: Ballplayer Can't Sue for Bean Ball Apr 8, 2006
In her dissent, Kennard argued that whether an intentional pitch at a batter's head is an inherent risk is a question of fact that should be determined by a trial court. She said Avila should have been allowed to amend his suit to allege battery. (Law.com)
McKinney and House Democratic Leader Nancy Pelosi no longer speak... Apr 5, 2006
It s a question of fact and whether the officer put his hand on her first or whether he asked her to stop first and asked for ID. The facts will determine who was in the right and who was in the wrong, said Rep. Al Wynn (D-Md. (The Drudge Report)
Winfrey: Frey 'betrayed millions' Jan 28, 2006
But this question of fact checking is a complicated one. At The New Yorker and Time and Newsweek, you have experienced people who know where to go and what's right and what's wrong. (San Diego Union-Tribune)
Oprah to Frey: 'I Feel Duped' Jan 27, 2006
"But this question of fact checking is a complicated one. At The New Yorker and Time and Newsweek, you have experienced people who know where to go and what's right and what's wrong. We don't. There's been a traditional dependency on the author.". SEARCH. (Fox News -- Headlines)
