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By a 5-to-4 vote, the court ruled that the fee-shifting provisions of these laws do not apply in the absence of an actual courtroom victory or court-approved settlement agreement.
In holding that dozens of federal laws providing for such "fee-shifting" do not apply in the absence of an actual courtroom victory or court-approved settlement, the opinion by Chief Justice William Rehnquist rejected the notion that plaintiffs are entitled to fees if their litigation served as a "catalyst" for a change in policy.
Furthermore we study what selection criteria apply in the absence of actual market criteria.
This is much more efficient and easier to apply in the absence of any previous knowledge about the data than the external validation.
In addition, as new formats of trade approach and new raw materials emerge, many World Trade Organization (WTO) rules will not apply in the absence of cross-border trade (Trade regulation 2016).
If one or more M-rules apply in the absence of a B-rule, the mass is classified as malignant.
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Last summer, Town of Huntington law applied in the absence of village ordinances, and they had to be only 500 feet from shore.
So, it can be applied in the absence of prior knowledge about task-related neural response.
Consequently, standard methods in health utility measurement, such as the time tradeoff method or quality adjusted life years, cannot be meaningfully applied in the absence of transitivity.
Results must also be interpreted with care when applied in the absence of more concrete indicators of neurological status [44, 45, 46, 47].
When a negative potential was applied in the absence of a redox mediator apododecin could not be released, i.e. direct electron transfer was not possible.
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