Sentences with phrase «action under this section»

· Prevent inverted companies from accessing a foreign subsidiary's earnings while deferring U.S. tax through the use of creative loans, which are known as «hopscotch» loans (Action under section 956 (e) of the code)

· Prevent inverted companies from restructuring a foreign subsidiary in order to access the subsidiary's earnings tax - free (Action under section 7701 (l) of the tax code)

BPNI is notified in the Gazette of India as a child welfare NGO to initiate action under section 21 (1) of the IMSAct for officially monitoring and implementing IMSAct since 1995

(a) The Board may refuse to issue a license, and after notice and hearing, may suspend or revoke the license of a person who is subject to disciplinary action under section 41 of the act (63 P. S. § 422.41) as set forth in § 16.61 (relating to unprofessional and immoral conduct).

Except as provided in subparagraph (vi) of this paragraph, at any time following the identification of an LEA for improvement, the commissioner may further identify the local educational agency for corrective action under section 1116 (c)(10) of the NCLB, 20 U.S.C. section 6316 (c)(10).

Before instituting on under this section, Before instituting any action under this section, the Secretary shall attempt to eliminate discriminatory practice or practices alleged and to effect voluntary compliance with the requirements of this Act through informal methods of conciliation, conference, and persuasion.

This Court has subject matter jurisdiction over this action under Section 4 of the Sherman Act, 15 U.S.C. 4, and 28 U.S.C. 1331, 1337 (a), and 1345.

In his accompanying statement, Rep. Perry makes the worn - out argument of EPA overreach as well as the seemingly baseless claim that any action under Section 115 would «threaten the reliability and viability of our nation's energy sector.»

«Comprehensive federal statutory schemes, such as the SDWA, preclude rights of action under Section 1983 for alleged deprivations of constitutional rights in the field occupied by the federal statutory scheme,» the appeals court wrote in Mattoon, which stemmed from a lawsuit on behalf of 68 Berkshire County, Massachusetts, residents who alleged they came down with giardiasis, commonly known as «beaver fever,» after drinking contaminated water.

Mr. Moreno has acted as lead associate in complex securities fraud class actions under Section 10 (b) of the Exchange Act of 1934 and has defended derivative claims involving California, Nevada, and Delaware corporations.

Advising Ofgem in relation to potential enforcement action under section 9, Electricity Act 1989 and SLC 30 of the Electricity Distribution Licence (with Kassie Smith QC)(2014)

Advising in respect of its entry into the UK's first deferred prosecution agreement (which is also the first resolution of an enforcement action under section 7 of the Bribery Act 2010)

Any contravention of section 41 is a corrupt practice, and an action alleging the contravention may be commenced within the time provided in the Limitations Act, 2002 in the same manner and the procedure shall be the same as in the case of other actions under sections 99 to 111 (Contested Elections) of the Election Act.

The defendant brought a motion to dismiss the action under the section 137.1 (3) of the Courts of Justice Act, which was implemented to prevent strategic lawsuits against public participation (the «anti-SLAPP» provisions).

103 A disclaimer by an elected member under the Legislative Assembly Act does not affect the right of any person entitled to commence an action under section 99 and an action may be commenced in the same manner as if the member elected had not disclaimed.

34 (5) The right of action under this section is in addition to any other right of action or remedy available at law.

But where the court deems it just, damages awarded in an action under this section may be taken into account in assessing damages in any other proceeding arising out of the failure of the organization to protect personal information in its custody or under its control.

(4A) Subsection (4) does not apply if the Prime Minister has requested the Australian Public Service Commissioner to take action under section 41B of the Public Service Act 1999 in relation to a Registrar or a Deputy Registrar (or a former Registrar or Deputy Registrar).

Where there are specific child protection concerns resulting in action under section 47 of the Children Act, careful consideration should be given to how closely the assessment processes across education, health and care can be integrated, in order to ensure that the needs of vulnerable children are put first.

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.

The action places ISPs under Title II of the Telecommunications Act, reversing a 2002 FCC decision that classified ISPs under a different section of the law.

«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 regulations have been enforced with raids carried out on retailers by Ministry of Health officers, and legal action is threatened for those who do not comply with the regulation under Section 32, as above.

A mosaic was created across the lower section of the stand and on the Kop as Dalglish made his way onto the pitch to greet fans before the action got under way - and you can relive the special moment in our free video below.

To the extent that that had not been done, Mr Anyidoho believes Dr Bawumia's action constitutes a criminal offence under Section 251 of Act 29 of the Criminal Offences Act 1960, hence he intends filing a suit against the former Deputy Governor of the Bank of Ghana.

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:

Their actions were contrary to and punishable under sections 17 and 25 of the Corrupt Practices and Other Related Offences Act, 2000.

Since being categorized as geographically widespread, Governor Cuomo has also announced several multifaceted actions to combat the spread of the flu, including an Executive Order that suspended the section of state education law that limits the authority of pharmacists to administer immunizing agents to anyone under age 18 to allow vaccines to be administered to anyone age 2 and up.

Further ordered that all County department heads and deputies under the leadership of the County Executive become fully compliant with the Chapter VI, Section I, of the Erie County Personnel Policies and Procedures Manual, and all department heads shall take appropriate action to ensure all County employees within their department are in compliance with established County policy; and it is

Unlike American Crossroads, American Action Network was registered under a section of the tax code, 501 (c)(4), that allowed donors to give anonymously.

all records, correspondence, and reports in any form containing information related to actions under the Mental Hygine Law section 9.46.

The action, according to her, was contrary to and punishable under Section 22 (5) of the Corrupt Practices and Other Related Offences Act 2000.

Prof. Dankofa, among other things, in suit KDH / KAD / 236 / 2018 is praying the court to «declare that the action of the respondents (Kaduna State Government and Kaduna Geographic Information Service, KADGIS) in arrogating to themselves the power to punitively sanction the Applicants (Hunkuyi and his Company, Muna Investment Ltd) property, even if the Applicants were purportedly in default of payment of either ground rent or land use charge or for any other reason constitute a gross violation of Applicant Fundamental Human Right guaranteed under section 43 (1) and 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore illegal, unconstitutional, null and void.»

-- The President shall direct relevant Federal agencies to use existing statutory authority to take appropriate actions identified in the reports submitted under sections 705 and 706, and to address any shortfalls identified in such reports, not later than July 1, 2015, and every 4 years thereafter.

-- With respect to any lamp to which standards are applicable under this subsection or any lamp specified in section 346, the Secretary shall inform any Federal entity proposing actions that would adversely impact the energy consumption or energy efficiency of the lamp of the energy conservation consequences of the action.

Such conduct shall include, but is not limited to, threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person's gender that would be permissible under Education Law sections 3201 - a or 2854 (2)(a) and Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under section 504 of the Rehabilitation Act of 1973.

• 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

Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

(d) The Civil Service Commission, after consultation with the Committee, shall, on June 30, 1974, and at the end of each subsequent fiscal year, make a complete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advancement of handicapped individuals by each department, agency, and instrumentality and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with recommendations as to legislation which have been submitted to the Civil Service Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

(D) No civil action may be commenced by in individual under this section until the individual has given the Secretary not less than sixty days notice of an intent to file such action.

Any employer, employment agency, labor organization, or joint labor - management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) bring a civil action in the United States district court for the district where such records are kept.

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

(a) This subpart is applicable to all grantees and other covered organizations under this part, and implements the requirements of section 30 of the Airport and Airway Development Act of 1970, which provides: The Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title.

to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where differentiation is based on reasonable factors other than age; to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this Act, except that no such employee benefit plan shall excuse the failure to hire any individual; or to discharge or otherwise discipline an individual for good cause

The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action against Defendants Apple, Inc. («Apple»); Hachette Book Group, Inc. («Hachette»); HarperCollins Publishers L.L.C. («HarperCollins»); Verlagsgruppe Georg von Holtzbrinck GmbH and Holtzbrinck Publishers, LLC d / b / a Macmillan (collectively, «Macmillan»); The Penguin Group, a division of Pearson plc and Penguin Group (USA), Inc. (collectively, «Penguin»); and Simon & Schuster, Inc. («Simon & Schuster»; collectively with Hachette, HarperCollins, Macmillan, and Penguin, «Publisher Defendants») to obtain equitable relief to prevent and remedy violations of Section 1 of the Sherman Act, 15 U.S.C. 1.

While spiritual creatures from other realms are not a covered peril for personal property, we expect that if a poltergeist somehow forced you to take a specific action which resulted in bodily injury or property damage to another person, you could well have coverage under the liability section of your Erie, PA renters insurance policy.