Decision on the Merits

• Decision on the Merits

An ultimate determination rendered by a court in an action that concludes the status of legal rights contested in a controversy a...

• West's Encyclopedia of American Law
• Com–Dor

• What Theyre Saying: ; a Collection of Quotes On Wvu's Move to the Big 12

The politicians * "This is a great day for West Virginia and a very proud day for [the] Mountaineers. I'm so happy that the Big 12 made its final decision on the merits: the strength of WVU's athletics, our academics and our spirit. Joining the Big 12 will showcase our state in a whole new way. I've always said that West Virginians can compete - and excel - on any field, and I look forward to great things from our teams in this excellent conference. Like most great successes, [Friday's] news was a team effort. I thank Senator Rockefeller and our entire Congressional delegation for their hard work on this issue, [as well as] President [Jim] Clements and Athletic Director [Oliver] Luck for their diligence and all the fans, students and athletes who have taken WVU to the next level.

• Charleston Gazette
• October 31, 2011

• Choice in Government Software Procurement: A Winning Strategy

Fueled by expanding e-government initiatives, heightened security concerns, and a keen desire to enhance the interoperability among various legacy and new systems, governments all over the world are re-examining their information technology (IT) needs and their IT procurement processes. While technology procurement is an important decision for governments, as this article will show, it needs to be made on the merits and not based on express or implicit preferences, both for sound policy reasons and because to do otherwise could very well be illegal. Procurement laws and policies are aimed at ensuring that governments are able to obtain the best technology solution available, irrespective of platform. Equally as important, they are designed to protect the integrity of the governmental pr...

• Journal of Public Procurement
• Vol. 8 Nbr. 1, January 2008

• Duquesne v. Ohio State Unemp. Review Comm., (Ohio 2011)

Trial court judgment affirming decision of Ohio State Unemployment Review Commission affirmed where the trial court's decision was a ruling on the merits of appellant's appeal and was not an abuse of discretion.

• Ohio Supreme Court

• State v. Gilbert, (Ohio 2012)

APPELLATE REVIEW/CRIMINAL – COUNSEL: An appeal, submitted pursuant to the dictates of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), is not wholly frivolous when there remain legal points arguable on their merits to be resolved before the appellate court can fulfill its constitutionally mandated function and affirm, reverse, or modify the judgment of the trial court. If the appellate court finds an appeal, properly submitted by means of a no-error brief, to be wholly frivolous, the court may proceed to a decision on the merits; if, on the other hand, the appellate court finds any legal points arguable on their merits and prejudicial to the defendant exist, it must ensure, prior to decision, that the indigent defendant receives the assistance of counsel to ar...

• Ohio Supreme Court

• Jose Gonzalez v. Secretary of Dept of Homeland, (3rd Cir. 2012)

... timely appealed the District Court=s decision on May 10, 2011. . II. JURISDICTION AND STANDARD... was denied by the Attorney General on the merits. As the decision under review is on the merits, ju...

• Federal Circuits

• Modifying the Ministerial Exception: Providing Ministers with a Remedy for Employment Discrimination Under Title Vii While Maintaining First Amendment Protections of Religious Freedom

The purpose of this Note is threefold: first, to provide a comprehensive understanding of the current use of the ministerial exception in the circuits; second, to clarify the First Amendment issues implicated in the adjudication of ministerial employment discrimination claims; and third, to provide a test that will allow for a consistent and accurate application of the First Amendment to Title VII claims against religious organizations. With the lack of Supreme Court precedent and the judicial, academic, and historical ambiguity surrounding the First Amendment protections of religious freedom, it is understandable that the task of finding space for ministerial Title VII claims under the First Amendment may seem impossible. With the proper analytical framework, a court may be able to nav...

... organization's ministerial employment decisions would violate the organization's rights under the ... VII claim to reach a final decision on the merits. The vast majority of the cases previously dismiss...

• St. John's Law Review
• Vol. 81 Nbr. 3, July 2007

• High Court to Revise Appeals Rules

The state Supreme Court will soon unveil new rules that will grant every appeal a decision on the merits of the case, Chief Justice Robin Davis said Wednesday. The revised rules will be released on Monday, and will remain open to public comment for 60 days, she said.

• Charleston Gazette
• May 13, 2010

• Supreme Court Grants Certiorari in NextWave Case; Decision on the Merits Not Expected Until 2003.

Business Editors & High-Tech Writers WASHINGTON--(BUSINESS WIRE)--March 4, 2002 The United States Supreme Court announced today that it has grante...

• Business Wire
• March 04, 2002

• Kirsteins v. Lucas County Children Servs., (Ohio 2007)

Affirming decision on the merits in favor of appellant/cross-appellee, but reversing unrelated relief that was ordered in favor of appellee/cross-appellant.

• Ohio Supreme Court