Sentences with phrase «action under the statute»

2001)(«The D.C. Circuit, confronting a case in which an agency had unreasonably delayed an action under a statute that provided no deadline (rather than and [sic] agency that unlawfully withheld an action under a statute that imposed a deadline), explained that «a finding that delay is unreasonable does not, alone, justify judicial intervention»»).

To bring a qui tam action under the statute, an individual, or whistleblower, must have personal knowledge and actual evidence of fraud.

... It is well established that plaintiffs can only bring claims under a statute if they have a private right of action under the statute.

If an accident does not happen due to either negligence or an intentional act, there is no available legal action under the statute.

Notably, the Privacy Act specifically requires that any action under that statute «must be heard» by the British Columbia Supreme Court.

Not exact matches

You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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 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.

Taxpayers are at an extreme disadvantage under the statutes of this amendment and our leaders in NYS should take action and repeal the Triborough Amendment.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

If a debt collection agency threatens to sue you for debt after the statute of limitations expires, its action is illegal under the Fair Debt Collection Practices Act.

If a debt is barred under statute, it means that by law (the Limitation Act 1980), the lender has run out of time to use certain types of action to try and make you pay the debt.

[FN115] Therefore, under the Florida constitution, state statutes, and the FWCC's rules, the FWCC has a duty to take action to protect native animal life in Florida from disease spread by free - roaming cats.

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

President Bush and members of his administration have criticized environmentalists» moves under the endangered species law and other statutes to force federal action on climate change.

If I write a piece about why I find a statute «bad», I might write something like «Statute x criminalises action y under circumstaces z.

[1] Put differently, if, as the courts have repeatedly stated, [2] the class action is only a procedural device that does not alter the substantive law, has the payment of settlement monies to non-parties expanded the remedial choices normally available to a wronged party under either the common law or statute?

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

Judicial review is concerned with whether these bodies have properly acted within their jurisdiction and thus each case will require a detailed analysis of the governing statute and the action purportedly taken under it.

She has defended both individual and class action litigation brought under various state and federal consumer fraud and privacy statutes.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

Judgments reported in 2017 include actions dismissed as statute barred, administrative dismissals by registrars, dismissals for failing to «show cause» at status hearings, dismissals under Rule 24, and decisions refusing to restore actions to the trial list.

Representing clients in multiple putative class action litigations including: claims under the Massachusetts independent contractor law; claims that employees were not paid for meal and rest breaks; and claimed violations of the state and federal tip credit statutes

The group, the United Seniors Association, a conservative alternative to the American Association of Retired Persons, sued Philip Morris, R.J. Reynolds and other cigarette makers, claiming standing as a private attorney general under the Medicare Secondary Payer statute, which creates a private cause of action against those primarily responsible for Medicare - covered medical expenses.

Rather, the Court will hear the narrow issue of whether parents are aggrieved parties under the IDEA such that they can enforce rights under the statute, as well as whether Congress intended to allow parents to represent their children pro se in IDEA actions.

The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.

While there actions are usually prosecuted under criminal statutes, victims also have personal recourse through a civil action for damages.

We conclude that race - based action like the City's in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate - impact statute.

In light of our ruling under the statutes, we need not reach the question whether respondents» actions may have violated the Equal Protection Clause.

§ 1983 complaint Actions under § 1983 are personal injury claims and are governed by the personal injury statute of limitations in the state in which the alleged injury occurred.

Youell v Kara Mara [2000] 2 Lloyd's Rep 102: anti-suit injunction to restrain proceedings under Texas Direct Action statute

A defendant may plead a set - off or counterclaim barred by the statute of limitation, while held and owned by him or her, to any action, the cause of which was owned by the plaintiff or person under whom the plaintiff claims, before such set - off or counterclaim was so barred, and not otherwise.

Mr. Mavrick persuasively argued to the court that his corporate client's actions were within its corporate powers since, under Florida Statutes § 607.302, the company has the general power to elect directors and fix their compensation.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

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

After moving for $ 241,647.20 in attorney's fees under Business and Professions Code section 7168 (a fee shifting statute allowing mandatory fees to a «prevailing party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.

The Court found that the time to have sued our client had lapsed before the action was first filed and therefore the plaintiff's claim was barred by the statute of limitations (three years) under New York's CPLR.

As noted above, in Maine a cause of action for personal injuries survives a victim's death under a survival statute.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

The final result of this Congressional action was a fair use statute that vested the trier of fact with broad discretion over the circumstances under which an author's exclusive rights must give way to other societal interests.

Theses rulings will impact standing concepts and jurisdictional challenges, liability under the WARN and the ERISA, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on American Pipe tolling and application of statute of limitations in class actions.

Brad defends clients in class actions under the federal securities laws, various federal and state consumer protection laws, including the Telephone Consumer Protection Act (TCPA), the Fair and Accurate Credit Transaction Act (FACTA) and many state false advertising statutes.

Such activity, if unlawful under statute, may also give rise to statutory civil remedies for the victim, including a statutory civil cause of action or grounds for injunctive relief to be granted by the courts.

Under California's statute of limitations, a plaintiff must bring a cause of action for wrongful death within two years of accrual.

Under the New Jersey statute, a plaintiff has a cause of action if, among other things, another person knowingly:

2 May 3, 2017)(unpublished), a trial judge in a class action case awarded $ 29,409 in attorney's fees to class counsel under the private attorney general statute based on the percentage - of - recovery method rather than the lodestar method.

We also defend clients in enforcement actions, both administrative and judicial, under a variety of federal and state environmental statutes including the Clean Air Act, Clean Water Act, TSCA and RCRA.

Discrimination cases involve claims under federal statutes that prohibit adverse employment actions against members of a protected -LSB-...]

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

Achieved dismissal by OSHA on behalf of major US pipeline company based in Texas of whistleblower action brought under federal energy statute.