Equifax later came out with a statement that the ToS would not apply in the instance of this breach.
Berwick said it was puzzling that Uber would want to publicise its defeat and spend a lot of time and money on what, ostensibly, was an administrative ruling that applied, in the first instance, only to her own circumstances.
But that argument would require DoJ to admit that CALEA applied in the first instance and that the term "telecommunications equipment" is ambiguous and should be interpreted by how Congress later, in a separate statute, applied it.
They applied in the first instance to linguistic content, more specifically to the reference of terms in a natural language.
In our series of 171 patients, 117 out of the 153 benign nodules (Fig. 3) would not have required FNA cytology analysis to establish benignity if the selection criterion (Table 5) was applied in the first instance, with consequent benefit to both patient and service provision and reduction in cost.
Simson said the community could not understand why the water trigger legislation was not being applied "in this instance" but hoped the minister would be convinced of the urgency of a full assessment by the IESC.
However, Sunderland's case was dealt with under Premier League rules B14 and U11 - rather than FA rule 6.9, which was applied in the aforementioned instances - and the club now consider the issue dealt with.
A prorating procedure was applied in the few instances where there was missing data, as recommended in the manual [ 28].
Resetting fixed mutant allele frequencies in this manner caused difficulties in calling trajectories that would not be encountered with biological sequence data; details of the solution applied in this instance are given in Supporting Information, File S1.
You do not have to be a lawyer to argue, as Manuel did, that the replay rule, which seems to have been written with 12-year-old Jeffrey Maier in mind, should not have applied in this instance, but it appears the umpires were within their right, and eventually made the correct call.
The shield laws post-dated the commencement of the Liu case, so cannot be applied in this instance, a fact that has given rise to some judicial venting.
