State attorneys defending Parsons said he acted reasonably to protect inmates.
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He also said the jury acted reasonably in awarding punitive damages.
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Mr. Noor's lawyers contended in their opening statements that he had acted reasonably.
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They were confident that the president could convince the public he'd acted reasonably.
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Rockefeller acted reasonably with regard to his health before the derailment, his attorney said.
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Four of them ruled that the government had acted reasonably in the Rapanos case.
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"He acted reasonably given what he knew," Ms. Trivedi said in her opening statement.
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Mr. Wold said his client acted reasonably after being startled and seeing his partner panic.
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Think of how these killings were deemed "controversial," and the perpetrators judged to have acted reasonably.
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Chief Isaac said that violated department procedure, but he otherwise said the officers acted reasonably in their search.
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The county declared last year that the shooting was justified and that law enforcement officials had acted reasonably.
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He also found that she acted reasonably and ruled that any damages should be reduced by 100 percent.
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The security guard, who authorities said had acted reasonably in the heat of the shooting attack, was not charged.
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In the Russian government's main inquiry — which is still underway — officials were found to have acted reasonably and lawfully.
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Given these substantial doubts about the legality of extending the voter registration deadline, Scott acted reasonably in declining to do so.
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As I noted in my article, most states use a legal standard that prioritizes an officer's instincts in determining whether they acted reasonably.
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The jurors, nine men and six women, two of them black, must determine whether Officer Yanez acted reasonably given what he knew at the time.
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But Mr. Gray said that this approach made sense, and that Officer Yanez had acted reasonably given his training and what he knew that night.
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But by a 85033-to-1 ruling, the D.C. court rejected those arguments, saying that the DOT acted reasonably and within the authority Congress gave.
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The San Francisco district attorney's office declined to criminally indict the officers in February 2015, on grounds that the police had "acted reasonably" in self defense.
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But where we acted reasonably, we cannot be put in the position of being held strictly liable for damages without the ability to recover those costs.
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Fabric accepts that the Police acted reasonably in making the application for a review and that the Authority's sub-committee was fully entitled to revoke its Licence.
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"Because of his fear that he was going to lose one of his teammates, Banuelos acted reasonably under the circumstances," said Mr. Zimmermann, a retired Marine colonel.
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Calling Laquan "the author, the choreographer of this story," Daniel Herbert, Officer Van Dyke's defense lawyer, said that his client acted reasonably and lawfully when he opened fire.
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Judge Peck ruled that the FBI acted reasonably in arresting Barone because the informant failed to report the conversations and so appeared to be acting outside his remit.
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The officers appealed to the Supreme Court, which will have to decide if the officers had probable cause to arrest everyone for trespassing, and if the officers acted reasonably.
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A high court judge found that Ramaphosa had acted reasonably in not immediately disciplining Gordhan, the public enterprises minister, over a decision regarding the retirement of a tax official in 2010.
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Both sides agreed and the jury foreperson announced the 7-1 decision: The officers acted reasonably when they shot 27 bullets at the SUV, killing Michael and Frisco and injuring Latasha.
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Mr. Haste's defense lawyers have argued that the officers acted reasonably and within department guidelines because they believed they were "in hot pursuit" of a suspect who was armed and dangerous.
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The New York-based 2nd U.S. Circuit Court of Appeals last year ruled that the EPA had acted reasonably in 2008 in adopting the rule over the objections of environmental groups.
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The trial was scheduled to be conducted in two phases, beginning with a non-jury trial before Mooney to determine whether DeCrescenzo acted reasonably in waiting so long to file her lawsuit.
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"...our review of the record suggests that both the investigating detectives and the Assistant District Attorneys involved in the case acted reasonably, given the circumstances with which they were confronted," he said.
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Judge Williams found that Officer Nero acted reasonably when he did not use a seatbelt on Mr. Gray in the police van, citing questions about his training and awareness of the rules.
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He cited what he called the "three Cs" of the case — "The crowd, the combativeness of Mr. Gray, and the confined space of the wagon" — and said that Lieutenant Rice had acted reasonably.
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But under the good-faith exception to violations of the Fourth Amendment, the court said the agents acted reasonably and in "good faith" — and so whatever they gathered could still be used at trial.
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Writing for Monday's majority, Circuit Judge Sandra Ikuta said HHS was owed "broad deference" and acted reasonably, not arbitrarily or capriciously, in adopting a "less restrictive" rule than the 1988 rule blessed by the Supreme Court.
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A federal judge has ruled that the U.S. Food and Drug Administration acted reasonably when it declined last year to grant Amgen Inc a six-month period of marketing exclusivity for pediatric uses of its kidney drug Sensipar.
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The case is likely to turn on whether the jurors believe Liang acted reasonably in unholstering his weapon in the darkened stairwell, where broken lights had gone unrepaired for days, or whether he ignored the risk that doing so could endanger others unnecessarily.
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The 7th U.S. Circuit Court of Appeals in Chicago said the agreement had a disparate impact on older workers, but that Caterpillar acted reasonably because the agreement added to labor peace, and saved money by ending costly unemployment benefits, incentivizing early retirement and reducing costs.
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Reversing a lower court ruling in the widely followed case, a 2-1 panel of the 2nd U.S. Circuit Court of Appeals in New York said the EPA acted reasonably in 2008 in adopting its "Water Transfers" rule, over the objections of environmental groups.
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Not surprisingly, these experts offered completely different opinions as to whether Officer Noor acted "reasonably" in discharging a single round of his service revolver into the abdomen of Justine Ruszczyk, who had called 911 to report a possible assault happening in an alley near her home.
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JOHANNESBURG, Aug 8 (Reuters) - South African President Cyril Ramaphosa won a court case against the anti-corruption watchdog on Thursday after a judge found he had acted reasonably in not immediately disciplining public enterprises minister Pravin Gordhan over a decision regarding the retirement of a tax official.
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For starters, the appeals court ruling came with a dissenting opinion by Judge Kathryn Grill Graeff, who noted that the lower court had found several reasons for holding that Syed's original defense attorney, Cristina Gutierrez (who died in 2004), had acted reasonably by not pursuing McClain's alibi.
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On Thursday, Ramaphosa won a separate a case also involving Mkhwebane when a judge ruled he had acted reasonably in not immediately disciplining Public Enterprises Minister Pravin Gordhan, a political ally of the president, over a decision linked to retirement of a tax official in 2010.
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A district court ruled that the police officer, who maintains that the shooting was an accident, acted reasonably — it was dark, the cop didn't know if Cunningham was armed or had tried to hit the first officer, and he had only a matter of seconds to make a decision.
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The court "eviscerated" Miranda, carving out exceptions; it gutted the Fourth Amendment's guarantee against unreasonable searches and seizures, granted police officers wide leeway when they are said to have acted "reasonably" and in "good faith," and curtailed the rights of prisoners to challenge their convictions on such grounds.
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" A proposal unveiled by the governor this week would remove utilities in the state from having outright liability for wildfire damages and instead mandate that courts "balance the public benefit of the electrical infrastructure with the harm caused to private party and determine whether the utility acted reasonably.
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Lawyers for Chris Soules have just laid out some of their case, saying their client "acted reasonably and did everything in his power to provide aid to Mr. Mosher," the tractor driver who died, but they didn't say why Chris left before cops arrived and refused to come out of his house.
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A unanimous panel of the 9th U.S. Circuit Court of Appeals found the Federal Trade Commission, the U.S. Food and Drug Administration and two divisions of the U.S. Department of Agriculture acted reasonably when they turned down requests from Compassion Over Killing and the Animal Legal Defense Fund to develop regulations for egg-carton labels.
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Perok, who believes the officers acted reasonably on June 22 when they identified the man who allegedly shoplifted from a convenience store as "Rodney Darnell Whitehead, Jr." Officers say the man did not have an official I.D. on him so they asked for his name, birthday and social security number -- ran that information through the DMV system and matched the suspect up with the photo of Lucky Whitehead on file. Sgt.
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The Crown Prosecution Service has historically chosen to exercise its discretion not to prosecute those cases where it believes potential defendants have acted reasonably in all the circumstances, and as such where necessity is a strong defence.
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Eventually, therefore, Louis decided to accept Charles II's will. Philip, Duke of Anjou, thus became Philip V, King of Spain. Most European rulers accepted Philip as king, some reluctantly. Depending on one's views of the war's inevitability, Louis acted reasonably or arrogantly.
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The Romans became known for their methods in assessing an individual's conduct according to the scale. It became common practice to attribute a "reasonability" score between 1 and 5, where 5 would indicate that a party had acted reasonably and would be entitled to the full sympathy of the court.
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The film received negative response from the critics but was a box office hit. While Komal Nahta of Koimoi said Fazal acted reasonably well, Gaurav Malani from The Times of India picked him as best in the cast. Later in an interview, Fazal said that doing the film was not a good decision.
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She refused their proposal that she be found equivalent hours elsewhere, because she wanted to return. The council stopped paying her in February 2004. She claimed unlawful deduction of wages. The Employment Tribunal dismissed her claim, saying the council acted reasonably saying she could not return to work unless she accepted the report’s conclusions.
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200px Trimarco v. Klein Ct. of App. of N.Y., 56 N.Y.2d 98, 436 N.E.2d 502 (1982) is a 1982 decision by the New York Court of Appeals dealing with the use of custom in determining whether a person acted reasonably given the situation. It is commonly studied in introductory U.S. tort law classes.
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Alito wrote there was "no basis for reaching a different conclusion" from the Court's decision in Scott v. Harris, stating that "Rickard's outrageously reckless driving posed a grave public safety risk" and that "the police acted reasonably in using deadly force to end that risk".Plumhoff, 572 U.S. 765, slip op. at 10–11.
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Once there is a right to eject, however,—and this is so only if there is no municipal consent to occupy—the provisions of PIE become applicable as a matter of protection to the person or persons liable to eviction. The second question was whether the respondents had acted reasonably, within the meaning of the Constitution,s 26. in seeking the applicants' eviction.
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The Independent Police Complaints Commission (IPCC) launched an investigation into Rigg's death on 22 August 2008. The investigation took 18 months to complete and concluded that there was no evidence of neglect or wrongdoing and that the police had acted "reasonably and proportionately." The IPCC investigation was completed by February 2010 but publication of the report was delayed until the Coroner's Court proceedings were completed.
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Justice Thomas, joined by Gorsuch and joined in part by Alito, filed a dissenting opinion which held that the defense acted reasonably by refusing to file an appeal. The dissent argues that by the majority's opinion creates a "defendant-always-wins" rule that has no basis in previous case law or the Sixth Amendment. Part III of Thomas' dissent, joined by Gorsuch but not Alito, suggests Gideon v. Wainwright (1963) was wrongly decided and should be overruled.
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17(1) of the Emergency Powers (Maintenance of Law and Order) Regulations 1983 (Zimbabwe), the minister had to consider objective facts and the court could determine whether he had acted reasonably in doing so. South-West Africa,Katofa v. Administrator-General for South Africa 1985 (4) S.A. 211. and St. Christopher, Nevis and Anguilla, in which the Privy Council was of the view that subjective words in a statute could not be construed to give absolute discretion.
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Navarette, slip op. at 9. He concluded that officers therefore acted reasonably "under these circumstances in stopping a driver whose alleged conduct was a significant indicator of drunk driving". Justice Thomas noted that many drivers will behave more cautiously when followed by police officers, and he concluded that there was no need to conduct "[e]xtended observation" in this case, because "allowing a drunk driver a second chance for dangerous conduct could have disastrous consequences".Navarette, slip op. at 10.
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Windlesham and Rampton also considered Asquez's statement and the journalists' decision to incorporate it into the programme.Windlesham & Rampton, pp. 70–72. The report considered that the journalists acted reasonably in using the statement, despite Asquez's refusal to sign it, on the grounds that Asquez had given two separate, near- identical statements (including one to a lawyer), and that they considered it unlikely that somebody would invent such a dramatic account. Nonetheless, the report criticised the programme for not informing viewers of Asquez's refusal to sign the statement.
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Young announced that the Department had acted reasonably in the circumstances and that the Government had no liability to the investors. Backbench MPs from all sides of the House voiced their anger and dismay at the attitude of the Government and the narrowness of the Le Quesne report's terms of reference. Twelve MPs referred the matter to the Parliamentary and Health Service Ombudsman. Anthony Barrowclough conducted an investigation into the actions of the Department of Trade and Industry in licensing the Barlow Clowes group of companies.
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It is a defence that a person acted reasonably, based on his knowledge or belief, considering the seriousness of the anticipated offence and the purpose and authority with which he acted (s.50). The burden of proof of such facts is on the defendant on the balance of probabilities. Where an offence exists to protect a certain class of persons, such a person does not commit an offence under ss.44-46 if the anticipated offence would have been committed against him (s.51).
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The requests came from blacks and whites, some of them ex-Confederates. Dinning's attorney, Augustus E. Willson, formally requested a pardon, and Bradley issued it 10 days after the conviction. Bradley opined that Dining had acted reasonably under the circumstances and that it was a shame that no members of the mob were charged. After being freed, Dining relocated to Indiana and hired ex-Confederate Bennett H. Young to file a federal lawsuit against some members of the mob that had identified themselves during his trial.
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Young announced that the Department had acted reasonably in the circumstances and that the Government had no liability to the investors. Backbench MPs from all sides of the House voiced their anger and dismay at the attitude of the Government and the narrowness of the Le Quesne report's terms of reference. Twelve MPs referred the matter to the Office. Barrowclough undertook an exhaustive investigation, establishing a unit dedicated to cope with the demands of the case. Barrowclough published his 170-page, 120,000-word report in December 1989.
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In March 2012, the EPA dropped its order against the company. The company said the move could help its $4.2 million defamation lawsuit against a Parker County couple who alleged in a $6.5 million lawsuit that Range contaminated their drinking water. In December 2013, the federal Office of the Inspector General, addressing complaints by six US senators, issued a report concluding that the EPA had been justified in issuing its 2010 emergency order, and had acted reasonably in withdrawing the order after the company had agreed to groundwater quality monitoring.
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Finally, SFAP claimed that the college violated one of the standards of financial responsibility under 34 C.F.R. § 668.15(b)(3)(i) by failing to properly pay refunds. The sollege defended itself by arguing that at all times it acted reasonably and in good faith in its refund obligations. It points out that the California refund rules were "in a state of change and confusion" during the period. At one time, CSAC issued a notice that the refund rules in issue here only applied to students who withdrew on or after September 1, 1990.
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There is no defence of later withdrawing from the act; however, there is one of "acting reasonably" under Section 50. This takes two forms: either that the acts themselves were reasonable; or that the defendant reasonably believed in circumstances which did not exist and acted reasonably under those circumstances. The existence of this defence has been attacked by Andrew Simester and Bob Sullivan on the grounds it may be acting as a "sop" to counteract excess brevity in other sections of the act.Simester et al. (2010). p. 298-99.
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Writing the opinion for a unanimous Court, Justice White ruled that neither the imposition of the permit requirement itself nor the denial of a permit would constitute taking, and that other legislation such as the Tucker Act exist to provide compensation for takings that may result. The Court ruled that the District Court did not err in their finding that the property falls within the Corps' regulatory definition of wetlands. Justice White added that the language, policies, and history of the Clean Water Act compel a holding that the Corps acted reasonably in their interpretation of their authorities over discharge material in wetlands.
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His employers expected results and, although Livingstone may have acted reasonably in the early years of being manager at Magomero, once the estate turned to cotton planting, enforcing the heavy demands that cotton cultivation made on workers brought out his brutality. Unlike some landowner-planters, who made money and exercised their authority without having problems with the colonial authorities, Livingstone’s actions worried officials from early in the first decade of the 20th century. Livingstone was caught between the demands of his employers and being able to treat the African workers and tenants he supervised fairly and reasonably: his employers usually won.L. White, (1987).
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13-2403. Refusing to aid a peace officer; classification A. A person commits refusing to aid a peace officer if, upon a reasonable command by a person reasonably known to be a peace officer, such person knowingly refuses or fails to aid such peace officer in: 1\. Effectuating or securing an arrest; or 2\. Preventing the commission by another of any offense. B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such person acted reasonably under the circumstances known to him at the time.
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There is no corresponding statutory provision applicable to Supreme Court judges, but at common law a superior court judge enjoys absolute immunity from personal civil liability in respect of any judicial act which he does in his capacity as a judge. The immunity extends to acts done outside the judge's jurisdiction, so long as he has acted reasonably and believing in good faith that the act was within his powers.Sirros v. Moore [1975] Q.B. 118 at 139–140, Court of Appeal (England and Wales), affirmed in Re McC (a minor) [1985] A.C. 528 at 559, House of Lords.
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I am a lawyer. The maximum penalty that can be imposed by the criminal courts is, I have found, rarely imposed. The court considers the breach of the licence conditions, the circumstances of the breach, the circumstances surrounding that evening's events and then weighs up the seriousness of the breach. A promoter who puts the facts properly before the court and who has acted reasonably will not be in difficulty...Magistrates will realise that he has done his best to stay within the law and they will deal with him accordingly —in contrast to the way in which they will deal with the cowboy operator.
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Suzie Pena's death was the first death of a hostage ever in LAPD SWAT history and the LAPD was criticized for their actions but later on an independent board of inquiry cleared the SWAT officers of any wrongdoing. A judge later dismissed a lawsuit by the mother of Suzie Pena on the grounds that the officers acted reasonably in the case and no negligence was involved. On May Day, 2007, immigrant rights groups held rallies in MacArthur Park in support of undocumented immigrants. The rallies were permitted and initially the protesters followed the terms of the permits but some of the protesters began blocking the street.
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President Bill Clinton declared, "If, as it now appears, this was an act of terrorism, it was a despicable and cowardly act. We will find out who was responsible and hold them accountable." On 19 January 2001, the U.S. Navy completed and released its Judge Advocate General Manual (JAGMAN) investigation of the incident, concluding that Coles commanding officer Commander Kirk Lippold "... acted reasonably in adjusting his force protection posture based on his assessment of the situation that presented itself ..." when Cole arrived in Aden to refuel. The JAGMAN investigation also concluded that "the commanding officer of Cole did not have the specific intelligence, focused training, appropriate equipment or on-scene security support to effectively prevent or deter such a determined, preplanned assault on his ship", and recommended significant changes in Navy procedures.
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Simester et al. (2010) p.295 These amount to very complex provisions.Simester et al. (2010) p.296 There is no defence of later withdrawing from the act; however, there is one of "acting reasonably" under Section 50. This takes two forms: either that the acts themselves were reasonable; or that the defendant reasonably believed in circumstances which did not exist and acted reasonably under those circumstances. The existence of this defence has been attacked by Andrew Simester and Bob Sullivan on the grounds it may be acting as a "sop" to counteract excess brevity in other sections of the act.Simester et al. (2010) p.298-99 Victims are extended the "Tyrell" defence - that one cannot aid, abet, counsel or procure an offence against oneself - although exactly when a victim is protected can be unclear.Simester et al.
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His statement outside the court was harshly criticised by Supreme Court judge Bernard Bongiorno, who later overturned the jury's decision, ruling that Bolt had not acted reasonably because he did not seek a response from Popovic before writing the article and, in evidence given during the trial, showed he did not care whether or not the article was defamatory. Justice Bongiorno ordered that Ms Popovic be awarded $210,000 in aggravated compensatory damages, $25,000 in punitive damages and $11,500 interest. The judge stated that the damages awarded were significantly influenced by Bolt's "disingenuous" comments he had made outside court and the Herald Sun's reporting of the jury's decision. The Court of Appeal later reversed the $25,000 punitive damages, though it upheld the defamation finding, describing Bolt's conduct as "at worst, dishonest and misleading and at best, grossly careless".
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On May 27, 2014, the Supreme Court reversed, holding that the officers did not violate the Fourth Amendment. In a unanimous (9–0) decision authored by Justice Samuel Alito, the Court found that Rickard's actions posed a "grave public safety risk" and that the officers "acted reasonably in using deadly force to end that risk". The Court also found that the number of shots fired was also reasonable, writing that "if police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended". Finally, the Court found that even if the officers' conduct did violate the Fourth Amendment, they would still be entitled to summary judgment based on qualified immunity because their actions did not violate clearly established law at the time of the incident.
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The major German newsweekly Der Spiegel, in an exhaustive research article published in February 2010, called the incident a war crime due to the fact that the attack on the tankers had broken a number of rules of conduct, and had led to a later cover-up. German public prosecuting authorities investigated the case, but announced on 20 April 2010 that the investigation was concluded and that no criminal proceedings would be initiated against Colonel Klein and Hauptfeldwebel (Master Sergeant) Wilhelm. They stressed that, according to their findings, neither the German penal code nor international criminal code had been violated; it was found that Colonel Klein and the soldiers under his command acted reasonably according to the information available to them at the time. It was explicitly stressed that later findings about the true situation (namely the presence of civilians) could not make the action illegal in retrospective.
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NTSB hearing, September 2014 In 2014, the Independent Pilots Association filed suit against the FAA to end the cargo airplane exemption from the flight crew minimum rest requirements. In 2016 the lawsuit was dismissed by a Washington, DC court, which determined the FAA had acted reasonably by excluding cargo airlines from the rest requirement based on a cost vs benefits analysis. Bret Fanning, husband of first officer Shanda Fanning, filed a lawsuit against Honeywell Aerospace in 2014, alleging that its ground proximity warning system installed on the A300 failed to alert the pilots that their aircraft was dangerously close to the ground. Fanning claimed that the GPWS did not sound an alarm until one second after the aircraft began to clip the tops of trees; however, the NTSB determined from the aircraft's flight data recorder that the GPWS sounded a "sink rate" warning when the aircraft was above the ground, 8 seconds before the first impact with trees.
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Section 2(4)(b) establishes that "where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done".Occupiers' Liability Act 1957 Section 2(4)(b) This accords with the previous general rule that an occupier cannot be held vicariously liable for the negligence of an independent contractor. When a visitor does suffer harm from the work of an independent contractor, the question is instead whether the occupier has taken reasonable steps to establish if the contractor is competent, and, if the job permits, whether the occupier has checked that the work has been properly done.Bermingham (2008) p.
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Although the majority of cases that cite Kuipers v Gordon Riley Transport refer to Lieberman's discussion of negligence and standard of care, the lawsuit has also appeared in Canadian case law with reference to the Lieberman's discussions of causation and hindsight. In Woitas v Tremblay (2018) Justice Roderick P. Wacowich cited Kuipers v Gordon Riley Transport for Lieberman's dismissal of the plaintiff's suggestion that "the actions of the other drivers established a 'chain of causation' leading up to the collision involving the plaintiff." Lieberman countered the chain of causation hypothesis by stating the following: When Justice Barry M. Davies delivered judgment in Oliverius v British Columbia (1999), he cited Kuipers v Gordon Riley Transport, stating "in assessing whether a driver has acted reasonably and prudently in the circumstances facing that driver, care must be taken to avoid standards of perfection based upon hindsight." The same discussion of "standards of perfection based upon hindsight" was cited by British Columbia Supreme Court Justice Robert W. Jenkins in Penner International v Basabara Estate (2013).
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