References in periodicals archive ?
Here, the conflicting evidence on the adequacy of the warnings provided by Savage Arms prevents this court from ruling that the warnings were sufficient or insufficient as a matter of law. Moreover, the conflicting evidence regarding what Savage Arms knew about the 10ML-II's barrel failures and when it knew it precludes a finding on the issue of wanton disregard as a matter of law.
Whether it is a matter of fact or matter of law becomes important when it comes to appeals before the Federal Circuit.
Here, the plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by demonstrating that it sent a disclaimer only 24 days after receiving notice of the underlying incident and, during those 24 days, it diligently investigated the possibility of a disclaimer based on the Darkei Noam defendants' untimely notice.
As I said, I will repeat, this is not a matter of law because theoretically, the law enforcements officers can arrest them anywhere," he said.
(vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law;
The court observed that Florida law states that "if a plaintiff serves an offer which is not accepted by the defendant, and if the judgment obtained by the plaintiff is at least 25 percent more than the amount of the offer, the plaintiff shall be awarded reasonable costs and attorney's [sic] fees." The court noted that in the trial court and in the appeal before the court, the defendants opposed the plaintiffs' motion for attorneys' fees and costs and the award itself, on the grounds that the two remaining proposals for settlement to multiple defendants were invalid and unenforceable as a matter of law. Accordingly, the court affirmed the judgment of the trial court in part and reversed it in part.
Presbyterian Hosp., 61 N.Y.2d 442, 446 (1984), "while waiver may be inferred from the acceptance of rent in some circumstances, it may not be inferred, and certainly not as a matter of law, to frustrate the reasonable expectations of the parties embodied in a lease when they have the agreed otherwise."
The court reasoned that harm to children in sexual molestation cases is inherent in the very act of sexual assault committed on a child, regardless of the motivation for or nature of such assault, and that the resulting injuries are, as a matter of law, intentional.
At first, he came on too strongly, at one point outright telling a justice "You're wrong" about a matter of law. Justices like direct, quick answers, but maybe not quite that pointed.
"In their very detailed and published ruling, three federal judges unanimously ruled as a matter of law, that EMI's 'mark is weak' and the 'common and necessary uses of the word of the word "entrepreneur" provide strong evidence that EMI cannot have the exclusive right to use the word "entrepreneur" in any mark identifying a printed publication addressing subjects related to entrepreneurship."
Thus, section 61 uses the word to mean "included as a matter of law."