Sentences with phrase «action under the state»

We expect to see more consumer fraud claims based on the violation of state labeling statutes given that courts are increasingly finding a private right of action under state law concerning the FDA's labeling requirements.

In response to the situation, I have taken appropriate action under State law and, on August 25, 2011, directed the execution of the New York State Comprehensive Emergency Management Plan in accordance with New York State law and section 401 of the Stafford Act:

Britons Sandy Mitchell, Les Walker, Ron Jones and Canadian Bill Sampson are prevented from taking action under the state immunity act 1978, which protects governments and their officials from prosecution.

Doug has also defended many cases challenging state law or state governmental action under the state and federal constitutions.

Recognizing for the first time a private right of action under the state wetlands statute.

One example of this is the Queensland exploration - backlog ILUA [45] under which parties agree that conditions protecting Indigenous rights form part of the conditions of tenement [46] and that if these conditions are breached, the Indigenous party can trigger action under the State's mining laws.

Not exact matches

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 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 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

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.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Taking a page from laws creating sanctuary cities for illegal immigrants, a group of lawmakers have submitted a bill that bans California law enforcement from working with federal authorities if they attempt to take action against marijuana grow facilities or dispensaries that operate legally under state law.

Under the proposal, companies could still use arbitration clauses, but would have to state explicitly that consumers can sign onto class actions.

Although the United States has suggested that Cuba have failed to live up to its responsibilities to protect foreign diplomats under the Vienna Conventions, Cuban officials have emphasized that Washington has not cited any specific actions the Cuban government has failed to take toward that end.

«Frankly, the United States is under attack by entities that are using cyber to penetrate virtually every major action that takes place» within the US, Coats said.

As Reuters notes, Equifax has said it is under investigation by every state attorney general and faces more than 240 class action lawsuits.

Illinois's solar market under the Future Energy Jobs Act is just getting started, but a business group is calling for the next governor and state legislature to provide less restriction and more action in community and distributed solar programs.

The Once Upon A Child ®, Play It Again Sports ®, Music Go Round ®, Plato's Closet ® and Style Encore ® trademarks and logos utilized in this website are owned by Winmark Corporation and any unauthorized use of these trademarks by others is subject to action under federal and state trademark laws.

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

The DOL disagreed with the assertion that the rule creates a new private right to sue, «arguing that the applicable cause of action is breach of contract, which already exists under state law,» said Erin Sweeney, counsel at Miller & Chevalier, who has also served as senior benefit law specialist at DOL.

Bartz argued that the Employee Retirement Income Security Act would now pre-empt state law under the rule and that the rule improperly created a private right of action that could set up class - action lawsuits against insurance companies and agents.

Daniel Fried, who retired in 2017 after a 40 - year State Department career that included serving as U.S. sanctions «coordinator» under President Obama, offered his sharp critique of the Obama administration's response to Russian actions during an interview on the Yahoo News podcast «Skullduggery.»

The class action, filed in United States District Court, for the Central District of California, and docketed under 17 - cv - 09157, is on behalf of a class consisting of investors who purchased or otherwise acquired Crypto securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

The class action, filed in United States District Court, Southern District of New York, and docketed under 17 - cv - 09903, is on behalf of a class consisting of investors who purchased or otherwise acquired Qudian's American Depositary Receipts («ADRs») pursuant and / or traceable to Qudian's false and misleading Registration Statement and Prospectus, issued in connection with the Company's initial public offering on or about October 18, 2017 (the «IPO» or the «Offering»), seeking to recover damages caused by Defendants» violations of the Securities Act of 1933 (the «Securities Act»).

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).

The class action, filed in United States District Court, for the Southern District of New York, and docketed under 18 - cv - 00646, is on behalf of a class consisting of investors who purchased or otherwise acquired Xunlei securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

The government says over time some actions have been taken by the communities under state pressure to end the discrimination but that federal authorities are seeking a court order to prevent future discrimination by the defendants.

The kind of action from social awareness that is demanded by perfect love is such as must admit the tragic reality that there are people who are genuinely intent upon using their freedom to destroy the freedom of others, and that, under certain circumstances, love itself may dictate that «It is better that many should die prematurely than that nearly all men should live in a permanent state of hostility or slavery» (MVG 173).

The former Solicitor General of the United States under President George W. Bush — for whom he successfully argued Bush v. Gore — will be talking not gay marriage but class actions and the BP oil spill settlement.

The Catechism of the Catholic Church states: «An indulgence is a remission before God of the temporal punishment due to sins whose guilt has already been forgiven, which the faithful Christian who is duly disposed gains under certain prescribed conditions through the action of the Church which, as the minister of redemption, dispenses and applies with authority the treasury of the satisfactions of Christ and the saints.»

Paul clearly states that we wrestle not against flesh and blood, but against principalities in high places; He is suppose to be setting a principal and he is in fact destroying the thing that God stand for, serving the flesh and the creation more than the creator who is blessed forever; Man will always have a battle between flesh and spirit; he is more flesh than spirit ever in his dress muscles and tight shirts; which has no place in the spirit;» dealing with matters of the holy ghost «he can speck it but he can «t live it; which is the trouble with a lot of modern day Christians; do as i say not as i do... old fashion parents had the same concept, its not just Eddie he got caught, he was just falling weak to the flesh and his own desires; only thing is, he is responsible for the souls of those under his leadership; He must answer and atone to God for those actions, you think for a moment we are being hard on him; God has a way of letting us know when we are wrong that lets us know we need to change.

«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).»

The court found that the plaintiff had a private right of action under Illinois state law and the identical federal law did not apply to preempt the state law claim.

As Attorney General, should ownership of the Columbus Crew initiate a move of the team without complying with Ohio law, I am prepared to take the necessary legal action under this law to protect the interests of the State of Ohio and the central Ohio communities which have all invested to make the Columbus Crew a proud part of our Ohio sports tradition and help Mapfre Stadium earn its reputation as «Fortress Columbus.

there is no doubting that Arsene has helped to provide us with some incredible footballing moments in the formative years of his managerial career at Arsenal, but that certainly doesn't and shouldn't mean that he has earned the right to decide when and how he should leave this club... there have been numerous managers at each of the biggest clubs in Europe throughout the last decade who have waged far more successful campaigns than ours yet somehow and someway each were given their walking papers because they failed to meet the standards laid out by the hierarchy of their respective clubs... of course that doesn't mean that clubs should simply follow the lead of others, especially if clubs of note have become too reactionary when it comes to issues of termination, for whatever reasons, but there should be some logical discourse when it comes to the setting of parameters for a changing of the guard... in the case of Arsenal, this sort of discourse was largely stifled when the higher - ups devised their sinister plan on the eve of our move to the Emirates... by giving Wenger a free pass due to supposed financial constraints he, unwittingly or not, set the bar too low... it reminds me of a landlord who says he will only rent to «professional people» to maintain a certain standard then does a complete about face when the market is lean and vacancies are up... for those who rented under the original mandate they of course feel cheated but there is little they can do, except move on, especially if the landlord clearly cares more about profitability than keeping their word... unfortunately for the lifelong fans of a football club it's not so easy to switch allegiances and frankly why should they, in most cases we have been around far longer than them... so how does one deal with such an untenable situation... do you simply shut - up and hope for the best, do you place the best interests of those with only self - serving agendas above the collective and pray that karma eventually catches up with them, do you run away with your tail between your legs and only return when things have ultimately changed, do you keep trying to find silver linings to justify your very existence, do you lower your expectations by convincing yourself it could be worse or do you stand up for what you believe in by holding people accountable for their actions, especially when every fiber of your being tells you that something is rotten in the state of Denmark

Throughout the day, the betting market has been dominated by sharp action on a handful of totals, including Michigan State / Duke, Kansas / Kentucky and pounding the «under» in weeknight MACtion?

Guidance Materials: The State Board of Education and the Illinois Nutrition Education and Training Program provides districts with wellness policy resources, including a Local Wellness Policy Toolkit (2005) that includes an action plan checklist, a needs assessment and annual evaluation tool, a model policy developed under a USDA Team Nutrition grant, and other resources for developing local wellness policies.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

The Once Upon A Child ®, Play It Again Sports ®, Music Go Round ®, Plato's Closet ® and Style Encore ® trademarks and logos utilized in this website are owned by Winmark Corporation and any unauthorized use of these trademarks by others is subject to action under federal and state trademark laws.

Any unauthorized use of this trademark by others is subject to action under federal and state trademark laws.

In the book produced by the Task Force, we highlighted that under existing human rights norms nation states have a responsibility to take collective action to hold corporations accountable for abuses of human rights and environmental standards.

In the book produced by the Task Force, it highlighted that under existing human rights norms nation states have a responsibility to take collective action to hold corporations accountable for abuses of human rights and environmental standards.

It continued that, «your actions as appeared on your facebook wall, constitute a major offense and breach of the Code of Ethics of both the Civil and Local Government Service under canon one - the Principle of anonymity and performance as stated in part II, enjoins officers to maintain neutrality in the performance of public functions ``.

Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constitutional Republic.

In the theory of minimal secularism, only officials are under an obligation to provide public reasons: secularism is a constraint on state action and justification, not a duty on the part of citizens.

Stephen O'Brien MP, the Parliamentary Under Secretary of State for International Development, visited a Cheshire farm to see shooting and conservation in action and helped the threatened dormouse.

The Geneva Convention allows them to be «detained or prosecuted under the domestic law of the detaining state for such action; subject of course to international treaties on justice and human rights such as everyone's right to a fair trial.»

Under the Constitution, action by the US President to declare a war is insufficient to bind the United States so as to place it in a state of war.

Defense attorneys for Smith and Halloran say their client's actions are not considered bribery under New York state law and are asking the court to toss some of the charges.

A new 50 - state study, Undocumented Immigrants» State and Local Tax Contributions, by the Institute on Taxation and Economic Policy finds that undocumented immigrants» tax contributions would increase significantly under the Obama Administration's executive actions and even more substantially under comprehensive immigration policy restate study, Undocumented Immigrants» State and Local Tax Contributions, by the Institute on Taxation and Economic Policy finds that undocumented immigrants» tax contributions would increase significantly under the Obama Administration's executive actions and even more substantially under comprehensive immigration policy reState and Local Tax Contributions, by the Institute on Taxation and Economic Policy finds that undocumented immigrants» tax contributions would increase significantly under the Obama Administration's executive actions and even more substantially under comprehensive immigration policy reform.

The suspects who are indigenes of Maiduguri, Borno State, had fled the military action in Borno State and were regrouping in the State under different trade covers.

Wu says under existing law, several state officials are empowered to take some kind of action.