Sentences with phrase «actual knowledge of the facts»

Cousins found that Sulyma had actual knowledge of the facts underlying his substantive claims because the financial disclosures provided information about plan asset allocation and an overview of the logic behind investment strategy.

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon DrC actual knowledge of facts or circumstances from which infringing material or acts are evident.

Someone with actual knowledge of the facts made a conscious decision to fund it.

«Knowingly,» «knowledge,» «known,» and «knows» mean actual knowledge of the fact in question.

Not exact matches

That is perfectly clear as regards an increase in the certainty of scientific knowledge regarding the actual fact of evolution.

In fact, if Hartshorne's solution can be said to surpass theirs in its explicitly psychicalist claim that God is somehow experienced not only by every human being but by every actual entity whatever, theirs can be said to go beyond his in its more fully elaborated metaphysics of knowledge or cognitional theory.

To be sure, God is for Jesus almighty, but prayer of petition involves the insight that the concept of omnipotence by no means lies at man's disposal as a way of viewing reality, that man does not in actual fact possess the knowledge of God as the Almighty.

An actual definition, though, might start with science is a branch of knowledge, it ought to say something about objectivity, about facts, and about predictions.

Art 13 provides that the ISP will not be liable provided that the subscriber is not acting under the ISP's authority and control and the ISP has neither actual knowledge of the infringing information nor is aware of the facts and circumstances from which it would be apparent to the ISP that the activity or information was unlawful.

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

Although the numbers strike someone with no knowledge of the actual facts as somewhat suspect, it has motivated the Labor Department of Hawaii to initiate the crackdown.»

The Court conducted a lengthy review of the legislative history behind the DMCA and noted that the phrases «actual knowledge that the material or an activity» is infringing, and «facts or circumstances» indicating infringing activity, describe knowledge of specific and identifiable infringements of particular individual items.

In turn, actual knowledge «consists in express information of fact.»

In fact, no settlement discussions should be made until after you have completely finished medical treatment an thus have full knowledge of your actual damages.

As well, for clients with an extra-provincial business presence, most provinces (but not Manitoba) have a judge - made or legislated «discoverability» rule, pursuant to which a cause of action does not even arise, and the limitation period does not therefore commence to run, until such time as it can reasonably be said that the claimant either had actual knowledge or ought to have had knowledge of the facts upon which the cause of action is based.

The question is whether, if there had not been actual knowledge of the relevant state of facts, nevertheless the officer of the company should have, by reason of the surrounding circumstances, been put on enquiry as to whether or not the appropriate safety procedures were in place.

Payments to non-U.S. holders of dividends on Class A common stock generally will not be subject to backup withholding, so long as the non-U.S. holder certifies its nonresident status (and we or our paying agent do not have actual knowledge or reason to know the holder is a U.S. person or that the conditions of any other exemption are not, in fact, satisfied) or otherwise establishes an exemption.

In actual fact, having a working knowledge of HTML will put you in a favourable position in most businesses these days.

Yet, another recent study shows that, despite the fact that 59 % of early childhood educators have access to computers for classes, 35 % of educators report never using a computer with young children in their programs indicating some disconnect between knowledge of the importance of technology and the actual implementation of it in the classroom.

Fact: While there indeed may be no universal longing of all women for motherhood (which sometimes has been mis - called «maternal instinct»), or instinctual knowledge of women about how to care for infants, as applied to women's actual pregnancy and post-childbirth experiences, «scientists have yet to find a definitive explanation for the heightened sensitivity so often associated with mothering... Some research and informal observation ssuggest that the caregiving experience develops a stronger intuitive tie between the infant and the parent most often responsible for meeting the infant's needs.

Therefore, the Judge, not being in possession of the actual facts / knowledge of the actual truth, or not, of the defendants» statements, had a 50 / 50 chance of being wrong with his «belief».

Because the evidentiary material presented to the trial court establishes disputed material facts about the Sellers» and Broker's actual knowledge of the alleged defects in the residence, we reverse the order granting summary judgment.

To disclose to each party to the transaction any adverse facts of which Broker has actual notice or knowledge;

Facts and knowledge are what we want to hear regarding your opinons on this matter, but that requires some forethought, actual knowledge and thereafter logical consideration of the facts without a pre existing emotional prejudicial mindset in order to deliver an educated opinion, doesn'Facts and knowledge are what we want to hear regarding your opinons on this matter, but that requires some forethought, actual knowledge and thereafter logical consideration of the facts without a pre existing emotional prejudicial mindset in order to deliver an educated opinion, doesn'facts without a pre existing emotional prejudicial mindset in order to deliver an educated opinion, doesn't it?