Sentences with phrase «under the federal rule for»

Under the federal rule for the admissibility of expert testimony, Federal Rule of Evidence 702, expert testimony which does not relate to any issue in the case is not relevant and non-helpful.

Not exact matches

As HuffPost reported on Tuesday, the judge who ruled against DAPA in 2015 had included among his reasoning the possibility that any DAPA applicants who offered their personal information to the federal government in exchange for protection from deportation could be at a heightened risk under a different presidential administration.

If it sounds like Edwards still needed to apply FEC rules and limits, consider this: Scott Thomas, a former commissioner of the Federal Election Commission testified that he did not consider that the payments would have come under his agency's auspices — in part because they were not used directly for the campaign and did not free up any of Edwards» own money to be spent on the campaign.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

Generally, under federal law, an employer can make whatever rules it wants for its non-exempt employees, according to Athey.

A US judge ruled that limousine drivers for Uber are independent contractors and not the company's employees under federal law.

Under new rules just introduced by the Obama administration, companies contracting with the federal government are now obliged to allow both full and part - time workers to accrue paid leave which they can use for anything from preventative doctor's visits, to staying in bed and sipping chicken soup, to caring for an ill family member.

In a major decision, the Supreme Court on Thursday ruled 6 - 3 that the federal subsidies that help nearly 6.4 million people pay for their Affordable Care Act health plans are legal under the Affordable Care Act.

As such, most 506 (b) offerings are only sold to accredited investors (even though the Rule allows for the sale of up to 35 non-accredited investors), as the sale to any unaccredited investors requires significantly heightened disclosure to such investors, which can be costly and burdensome to provide, and may increase the exposure of an issuer to liability under federal and state securities acts.

Not later than 270 days after the date of enactment of the Dodd - Frank Wall Street Reform and Consumer Protection Act, the Commission shall issue final rules that require each resource extraction issuer to include in an annual report of the resource extraction issuer information relating to any payment made by the resource extraction issuer, a subsidiary of the resource extraction issuer, or an entity under the control of the resource extraction issuer to a foreign government or the Federal Government for the purpose of the commercial development of oil, natural gas, or minerals...

It does not discuss all aspects of U.S. federal income taxation that may be relevant to particular holders in light of their particular circumstances or to holders subject to special rules under the Code (including, but not limited to, insurance companies, tax - exempt organizations, financial institutions, broker - dealers, partners in partnerships (or entities or arrangements treated as partnerships for U.S. federal income tax purposes) that hold HP Co. common stock, pass - through entities (or investors therein), traders in securities who elect to apply a mark - to - market method of accounting, stockholders who hold HP Co. common stock as part of a «hedge,» «straddle,» «conversion,» «synthetic security,» «integrated investment» or «constructive sale transaction,» individuals who receive HP Co. or Hewlett Packard Enterprise common stock upon the exercise of employee stock options or otherwise as compensation, holders who are liable for the alternative minimum tax or any holders who actually or constructively own 5 % or more of HP Co. common stock).

It is a condition to the distribution that HP Co. receive (i) a private letter ruling from the IRS and / or one or more opinions from its external tax advisors, in each case, satisfactory to HP Co.'s board of directors, regarding certain U.S. federal income tax matters relating to the separation and related transactions, and (ii) an opinion of each of Wachtell, Lipton, Rosen & Katz and Skadden, Arps, Slate, Meagher & Flom LLP, satisfactory to HP Co.'s board of directors, regarding the qualification of the distribution, together with certain related transactions, as a transaction that is generally tax - free, for U.S. federal income tax purposes, under Sections 355 and 368 (a)(1)(D) of the Code.

Even if regulators do not act, when a presale results in nothing more than profits for its promoter, a disgruntled investor will inevitably make a private securities fraud claim to try and claw back some of their capital; assuming a court will determine a presale of digital tokens to be a private placement of securities, any such federal claim would fall under Rule 10b - 5.

Under assumptions that I consider more realistic under present circumstances, the same rules call for the federal funds rate to be close to Under assumptions that I consider more realistic under present circumstances, the same rules call for the federal funds rate to be close to under present circumstances, the same rules call for the federal funds rate to be close to zero.

WASHINGTON — U.S. banks will be barred in most cases from trading for their own profit under a federal rule approved Tuesday.

You will want to discuss all of your options with your attorney or tax advisor before taking action, especially if creditor protection is a concern for you, as the Supreme Court has ruled that Inherited IRAs are not protected under federal bankruptcy laws (although state law creditor protection of inherited IRAs still varies).

Under the ethics rules for federal employees and / or officials, the employees or official is required to avoid even the appearance of a conflict of interest.

A Federal judge ruled for the plaintiff and declared MassMutual to be a functional fiduciary under ERISA.

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the Commodity Futures Trading Commission's (CFTC) anti-fraud and anti-manipulation enforcement authority.1 Granting the CFTC's request for a preliminary injunction against the defendants who allegedly engaged in deception and fraud involving virtual currency spot markets, Judge Weinstein noted that «[u] ntil Congress clarifies the matter,» the CFTC has «concurrent authority» along with other state and federal administrative agencies and civil and criminal courts over transactions in virtual currency.2

Under discussion for nearly five years, the rule (named for former Federal Reserve Chairman Paul Volcker, who proposed it), the rule is a prime example of the sort of tighter regulation that many — but by no means all — Americans support.

A federal judge on August 31 ruled that the March for Life, a secular organization that stages the annual January Roe v. Wade protest in Washington, is exempt from offering artificial contraception as required under the Patient Protection and Affordable Care Act, widely known as Obamacare.

As CT reported in 2000, payments for fetal tissue donations are allowed under a loophole in the 1993 federal rules that ban the sale of fetal remains.

SB 219 would serve to clarify employer requirements and keep New Hampshire in compliance with current Federal laws and court decisions, including the March 25 Supreme Court ruling on Young vs United Parcel Service (UPS), which ruled in favor of Peggy Young to reverse the lower court's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodFederal laws and court decisions, including the March 25 Supreme Court ruling on Young vs United Parcel Service (UPS), which ruled in favor of Peggy Young to reverse the lower court's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodfederal Pregnancy Discrimination Act, for failure to provide pregnancy accommodations.

At that session, Northern People's Congress (NPC), with National Council of Nigeria and the Cameroon (NCNC) partisans pushed for a federal take - over of the West, under the ruling Action Group (AG).

Grandparents, cousins and similarly close relations of people in the United States should not be prevented from coming to the country under Trump's travel ban, a federal appeals court has ruled in another legal defeat for the administration on the contentious issue.

The residents in question are entitled to Medicaid coverage under state court rulings, but ineligible for federal Medicaid funding (mostly because they have been in the country less than five years).

The Governor disclosed that having zero tolerance for any form of crime, and in fulfilment of the campaign promise made by the ruling All Progressives Congress (APC), the Federal Government has concluded plans to upgrade the Military Brigade in Sokoto into a Division under the command of a Major General, and the Battalions in Katsina and Zamfara to the status of Brigades, each under the charge of a Brigadier General.

The announcement of the new party line comes weeks after the U.S. Supreme Court, citing religious rights, ruled that requiring family - owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom.

Review Federal Regulations for Repeal — Vote Passed (240 - 185, 4 Not Voting) The measure would establish a commission to review existing federal regulations and identify those that should be repealed in order to reduce costs on the U.S. economy — including those that should be repealed immediately and those that should be repealed over time through a new regulatory «cut - go» system under which agencies could not issue new rules unless the cost of a new rule was offset by repealing existing rules identified by the commFederal Regulations for Repeal — Vote Passed (240 - 185, 4 Not Voting) The measure would establish a commission to review existing federal regulations and identify those that should be repealed in order to reduce costs on the U.S. economy — including those that should be repealed immediately and those that should be repealed over time through a new regulatory «cut - go» system under which agencies could not issue new rules unless the cost of a new rule was offset by repealing existing rules identified by the commfederal regulations and identify those that should be repealed in order to reduce costs on the U.S. economy — including those that should be repealed immediately and those that should be repealed over time through a new regulatory «cut - go» system under which agencies could not issue new rules unless the cost of a new rule was offset by repealing existing rules identified by the commission.

While describing the persistent claim by the Federal Government that the Peoples Democratic Party (PDP) destroyed Nigeria for 16 years as hypocritical, Governor Fayose said Nigerians must begin to ask which party majority of those presently ruling the country under the APC government were between 1999 and 2014.

Prosecutors said the Boyland ruling, which held that under a different federal law a wider variety of actions was sufficient for conviction, strengthened their hand.

The Sultan Ibrahim Dasuki Progressive Association (SIDPA), for and on behalf of the entire members of Sultan Dasuki family, wish to request the Federal Government, under the leadership of Muhammadu Buhari, to respect the rule of law in the case of our son, brother and cousin and the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) to release him from detention

But in her motion challenging the EFCC's ex parte application, Mrs. Jonathan, through her lawyers, argued that the EFCC's «Ex parte Originating Summons» was not one of the modes of commencement of action under Order 3, Rule 1 of the Federal High Court (Civil Procedure Rules) 2009, and that it was not known or provided for by any law or rules of cRules) 2009, and that it was not known or provided for by any law or rules of crules of court.

While former Assembly Speaker Sheldon Silver and Senate leader Dean Skelos were convicted in federal corruption cases, any correspondence they may have had with those seeking official favors in exchange for gifts and payments weren't obtainable by the press or average citizens under current FOIL rules.

AAAS CEO Alan Leshner sent comments on the Department of Defense revised rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) for «preventing unauthorized disclosure of export - controlled information and technology under DOD contracts.»

The FDA's new blueprints for change today include creating a new federal notification rule and releasing a long - term strategic plan (required under law and produced by an FDA task force).

Under the Administrative Procedure Act, which governs most federal regulations, agencies must follow specific procedures for changing a rule, including postponing its effective date.

The move, designed to clarify rules under the federal Clean Water Act, has been expected for months and was backed by a report released this past December by EPA's Science Advisory Board (SAB).

-- At the conclusion of the rulemaking period under paragraph (1), the Secretary shall promulgate a rule governing a public, competitive grants process through which retail power providers may apply for Federal support under this section.

-- Pursuant to the final rule issued under paragraph (3), the Secretary shall make annual determinations of the amounts and types for each such utility and publish such determinations in the Federal Register.

Additionally, a recent Supreme Court ruling determined that professional licensing boards (e.g. Dietetics boards and their members) are now liable under federal law, and may be prosecuted and sued for civil damages for anti-competitive actions.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

For students with milder learning or behavioral challenges, the standard academic programs that many charter schools offer may help to reduce the need for special services and thus the number of students classified under federal and state special education rulFor students with milder learning or behavioral challenges, the standard academic programs that many charter schools offer may help to reduce the need for special services and thus the number of students classified under federal and state special education rulfor special services and thus the number of students classified under federal and state special education rules.

The Bush administration has joined with a California school district and others in calling for a federal appeals court to reverse the June ruling that the inclusion of «under God» in the Pledge of Allegiance runs afoul of the U.S. Constitution.

A coach who alleged school district retaliation for his complaints about unequal treatment of his girls» high school basketball team had no right to sue under Title IX of the Education Amendments of 1972, a federal appeals court has ruled.

This practice has long been considered legal under both case law and more than 25 years of guidance and rulings from the federal Office for Civil Rights.

Lawyers for the state of Ohio last month asked the U.S. Court of Appeals for the Sixth Circuit to overturn a federal district court's ruling that expanded the state's responsibility to fund school desegregation in Lorain County under the terms of a consent decree.

But on the opening day of its new term, the high court let stand a federal appeals court ruling that said districts in most instances can not be held liable for so - called peer harassment under Title IX of...

Up until this year, the federal government has paid 100 percent of the costs for newly eligible individuals and maintained 50 percent cost sharing for individuals eligible for Medicaid under pre-ACA rules.