Sentences with phrase «action in a civil claim»

Not exact matches

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

A former Archbishop of Canterbury has called for urgent action to end the civil war in South Sudan which has already claimed more than 300 lives this month.

Though the foreign policy recommendations of his Farewell Address were taken, after the Civil War, to promote isolationism, he was in fact, claim the authors, arguing the advantages of neutrality for independent action.

Finally, after her country endured a decade of civil war that claimed the lives of over 200,000 people, and with the help of Leymah Gbowee and the Women of Liberia Mass Action for Peace, Johnson - Sirleaf was elected president in 2005.

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

Cabinet Office Minister Francis Maude, who is responsible for the Civil Service, said: «Our official estimates are that fewer than half a million took part in this strike action — well short of the inflated claims of union leaders.

News Corporation chief executive James Murdoch's full statement on the resignation of News International chief executive Rebekah Brooks: I am writing to update you on the actions we have been taking as a company to solve the problems at News International relating to the News of the World, in addition to continuing to cooperate fully and actively with the police and settling civil claims.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distclaims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distClaims Act on negligence claims against school distclaims against school districts.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

And this adjunct to the story, from the Brisbane Times: «The ACCC is taking civil action against Holden GM, supplier of Saab cars in Australia, over claims it made last year that 17 native trees would be planted for every vehicle sold, which would offset carbon dioxide emissions for the life of the car.

This has led to criminal and regulatory investigations by US and UK authorities as well as a litany of civil actions for, amongst other things, negligence claiming that Equifax ought to known that its systems were fragile after previous breaches and that it failed to take adequate or reasonable care in its data security arrangements.

As large civil claims for alleged overseas human rights violations find receptive courts in Canada, it is critical for Canadian multinational employers to take stock and commit to action.

Employment Law: Mr. Anderson defends employers in civil actions involving various types of employment - related claims including wrongful termination, whistle - blower actions, discrimination, harassment, pay stub claims, wage and hour claims, and contract actions.

A lawyer at our firm can take immediate action to assist you in filing an insurance claim or civil suit against the driver who caused your injuries or loss.

Chicago civil defense attorney professionals are knowledgeable in all areas of general civil practice defense, including but not limited to civil actions, mass torts claims and professional negligence claims in Chicago Illinois.

He has represented a broad spectrum of clients in products liability and class action matters, breach of warranty claims, wrongful death claims, tort and personal injury claims, professional liability claims and other areas of civil litigation.

She specialises in inquests, public law claims and civil actions against the police, prison service and Home Office.

«A leading name in civil actions against the police, who has a particular focus on malicious prosecution, police negligence and human rights claims.»

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

«(A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title;

In Michigan, discovery is not allowed in small - claims court or civil - infraction actionIn Michigan, discovery is not allowed in small - claims court or civil - infraction actionin small - claims court or civil - infraction actions.

In circumstances where benefits are received prior to an election to advance a civil action, WSIB will often not commence its own separate action for reimbursement of the benefits paid, but rather, will seek reimbursement by having you advance a subrogated claim on its behalf.

If there is a subrogated claim at issue, instructions should be obtained from the subrogated entity at the outset to protect and advance its interests in the civil action, as failing to do so will only lead to detrimental consequences to you and all others involved.

Although SLAPPs can take a variety of forms, many come in the form of a legal action for defamation or libel or for other civil claims including interference with contractual relations.

V.R.C.P. 9.1 is added to incorporate in the civil rules the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure by the addition of V.R.S.C.P. 3 (h) in a 2013 amendment and a simultaneous 2015 clarifying amendment to V.R.S.C.P. 3 (h)(7).

Scott focuses his practice on general commercial litigation, including: bank regulatory and enforcement matters; defending directors and officers of failed banks in FDIC actions; commodities and securities regulatory enforcement and civil actions; professional liability claims; directors and officers liability insurance matters; and employment and restrictive covenant matters.

Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circuit.

Chicago injury lawyer Blake Horwitz, representing the plaintiff, filed his client's civil action for assault in the U.S. District Court in the Northern District of Illinois, claiming a pattern of «criminal activity.»

Rule 2.1 has been in force since July 1, 2014, and is intended to put an end to civil actions that are, on the face of the statement of claim, so obviously without merit that no argument apart from counsel's letter of request is required.

This information is critical in defending against a human rights claim, OHSA prosecution or civil action.

Tort Claim In general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damageIn general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damagein injury or loss to another, and gives the injured party the right to bring a legal action for damages.

Authorizes the Chief Justice of the Supreme Court to appoint magistrates (rather than referees) in civil actions in the Court of Claims and authorizes a magistrate to disclose or refer to certain records or reports otherwise exempt from public disclosure in reparations hearings.

Rule 9 — 6 allows summary judgement, which can result in dismissal if it is shown that the plaintiff's claim contains no cause of action, and Rule 22 — 7 allows the court to dismiss a proceeding if there has been failure to comply with the Supreme Court Civil Rules.

But when involved in a personal injury claim or other type of civil action, it can be absolutely critical to do so.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

I am aware that the Rules of Civil Procedure allow lawyers for parties in civil actions to exchange documents by email, once the action has begun — but not the «originating process» like the statement of cCivil Procedure allow lawyers for parties in civil actions to exchange documents by email, once the action has begun — but not the «originating process» like the statement of ccivil actions to exchange documents by email, once the action has begun — but not the «originating process» like the statement of claim.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

Except for an action brought for a violation of the rights of the author under section 106A (a), and subject to the provisions of subsection (b), no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioIn order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

Looking ahead Although some moderation in civil litigation claims costs can be expected over time with the recent changes to Rule 48, the continued relationship between civil litigation costs and premium revenue by lawyers» primary area of practice will need to be monitored to determine whether any further action should be taken on this category in future years.

The Ontario Human Rights Code specifically permits a plaintiff in a civil action (such as a wrongful dismissal case) to attach a claim for a violation of the Human Rights Code.

Multi-district litigation (MDL) is a federal legal procedure for complex civil actions involving people in multiple districts who are all bringing a similar claim against the same party or parties.

A former U.S. attorney for the Eastern District of Missouri, Jim is regularly lead defense counsel in class action and civil litigation matters, including SEC fraud and healthcare fraud in False Claims Act (FCA) litigation.

5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment motion, with the trial judge later awarding County fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's fees they incur for «unmeritorious and frivolous» lawsuits if the action was not brought in good faith and with reasonable cause.

Howell's practice focuses on the representation of clients in high - stakes government investigations and enforcement actions involving alleged securities and accounting fraud, healthcare billing and recordkeeping improprieties, bribery and corruption, and violations of the Civil False Claims Act.

Settlement of civil claims can also carry risks for a company under investigation, in particular class action settlements, which are public.

Described by Chambers & Partners as «A high - profile team deserving of all its praise», our Actions Against the Police, Civil Liberties and Human Rights team specialises in claims for false imprisonment, assault, malicious prosecution, discrimination, deaths in custody, and the judicial review of decisions taken by public authorities.

However, because the WSIA limits employees» right to sue for injuries that are compensated by WSIB benefits, it is possible that employers may be able to defend certain civil actions by employees who allege harassment and chronic mental stress in the workplace on the basis that the employee may not bring a civil action related to those allegations, as the proper venue for compensation related to those claims is the WSIB.

Survival Actions — Described in California Code of Civil Procedure § 377.30, survival actions are brought by the personal representatives of a decedent's estate and allow them to pursue any personal injury claims that the decedent could have pursued had he or sheActions — Described in California Code of Civil Procedure § 377.30, survival actions are brought by the personal representatives of a decedent's estate and allow them to pursue any personal injury claims that the decedent could have pursued had he or sheactions are brought by the personal representatives of a decedent's estate and allow them to pursue any personal injury claims that the decedent could have pursued had he or she lived.