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They, rather than plaintiffs, bear the burden of proving that there is no material question of fact about their independence," and their relationships with one of the director defendants raised a material question of fact about their independence.
The court reinforced its conclusion that a material question of fact existed regarding the SLC's independence by noting that the SLC members appeared to have reviewed the merits of plaintiffs' claims before the SLC was ever formed in their capacity as audit committee members.
…There is a substantial and material question of fact as to whether Sinclair affirmatively misrepresented or omitted material facts with the intent to consummate this transaction without fully complying with our broadcast ownership rules.
It had nothing to say about the material question of whether the data was sufficiently protected.
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In a 67-page opinion, Chancellor Chandler denied the motion to dismiss under Zapata, citing material questions of fact regarding (1) the SLC's independence, (2) the good faith of its investigation, and (3) whether the grounds upon which it recommended dismissal of the suit were reasonable.
The draft hearing designation order concluded, based on the staff's analysis, that the record overall does not support a finding that the proposed AT&T/T-Mobile merger would serve the public interest, convenience, and necessity and that the record presents a number of substantial and material questions of fact.
The staff also explains that the economic and engineering models on which the Applicants (AT&T/DT AG/T-Mobile) rely to show consumer benefits are, in the staff's assessment, unreliable and, at a minimum, raise substantial and material questions of fact.
Russian philosopher Nikolai Berdyaev once wrote, "The question of bread for myself is a material question, but the question of bread for my neighbor is a spiritual question".
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Material Question Behind the Scenes of Harvey Weinstein's Arrest Seven Signs that Your Man's Masculinity Is Nontoxic Starbucks and the Issue of White Space Subscribe to The New Yorkerfor only $1 a week.Plus, get a free tote.
The persistence of these pine-pathogenic species in dead plant material questions the feasibility of leaving coarse woody debris in managed Italian stone pine forests meant for landscape conservation and leisure activities.
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