Sentences with phrase «affirmative defense by»

It also helps to establish crucial affirmative defense by demonstrating due diligence in the event a situation goes sideways.

Schoettmer next argued that SCCAP had waived its affirmative defense by not pleading the ITCA until its amended answer.

Not exact matches

The person may dispute the determination as an affirmative defense to the administrative complaint by including with his or her request for hearing on the administrative complaint a written statement setting forth the facts and circumstances that show that the determination of ineligibility was erroneous.

So with regard to the Equifax hack and the sale of shares by three executives, we've read that: Filing a 10b5 - 1 plan and selling shares on a set schedule is an affirmative defense against insider...

«Industrial Hemp Development Act»; providing for state economy and agricultural industry promotion of industrial hemp by permitting regulated industrial hemp industry development; authorizing industrial hemp as an agricultural product; placing enforcement under commissioner of agriculture; authorizing regulated and lawful industrial hemp agriculture and commercial sales; requiring licensure for cultivation; specifying licensee requirements, compliance and notification requirements; requiring commissioner to promulgate certain rules; requiring fee credit to the industrial hemp account and establishing the account in the agricultural fund; establishing an affirmative defense for possession of marijuana; exempting industrial hemp from the marijuana and wild hemp definitions.

«Industrial Hemp Development Act»; providing for the development and regulation of an industrial hemp industry; defining certain terms; providing for industrial hemp as an agricultural product; requiring licensing; specifying production and notification requirements; requiring rulemaking by the commissioner of commerce; providing for fees; providing an affirmative defense for possession of marijuana; exempting industrial hemp from the marijuana and wild hemp definitions.

SF 826 «Industrial Hemp Development Act»; providing for state economy and agricultural industry promotion of industrial hemp by permitting regulated industrial hemp industry development; authorizing industrial hemp as an agricultural product; placing enforcement under commissioner of agriculture; authorizing regulated and lawful industrial hemp agriculture and commercial sales; requiring licensure for cultivation; specifying licensee requirements, compliance and notification requirements; requiring commissioner to promulgate certain rules; requiring fee credit to the industrial hemp account and establishing the account in the agricultural fund; establishing an affirmative defense for possession of marijuana; exempting industrial hemp from the marijuana and wild hemp definitions.

The court's ruling in this case is especially significant because by revoking the «affirmative defense» policy that lets plants dodge liability for exceeding emissions limits, this decision sets a precedent for how the EPA drafts air safeguards moving forward.

The minority disagreed, finding that whether collateral to Padilla's defense or not, the lawyer's erroneous advice, in response to an affirmative inquiry by the defendant, was inexcusable and justified a hearing on the ineffective assistance of counsel claim.

In a South Florida personal injury case, either party may be inclined to retain an expert to offer their opinion on an element of the plaintiff's claim or an affirmative defense offered by the defendant.

According to Freshfields Bruckhaus Deringer's Wolrad Prinz zu Waldeck und Pyrmont, who presented Apple's FRAND / antitrust arguments, Apple's antitrust - based affirmative defense, the merits which he says have been «factually determined by the European Commission», relates not only to injunctive but also monetary relief under German law.

It is important to note that in California, comparative fault can be an affirmative defense made by the party you are suing.

If their affirmative defense is that «you signed the agreement», they would have the burden of proving that the signature was yours and placed upon those documents by you.

It is an affirmative defense to prosecution under this Section that the pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense.

An affirmative defense to Securities Fraud can be made if the party can prove that he or she did not know, or by using reasonable care could not have known, of any falsity or omission.

The doctrine of avoidable consequences, sometimes referred to as the «duty to mitigate,» is an affirmative defense that can be raised by defendants in personal injury cases to argue the plaintiff was partially or fully responsible due to failure to exercise reasonable care to reduce the injury or damages suffered.

Represented Developer in dispute with General Contractor regarding multi-million dollar hotel project, obtaining successful resolution of all affirmative claims and successful defense of all counterclaims asserted by Defendants.

In practice, 10 U.S.C. § 375 has more bite because a federal prosecutor can and usually would refrain from prosecuting a crime ordered by his ultimate boss, the President, and there is not legal duty to prosecute every possible crime, but 10 U.S.C. § 375 creates an affirmative duty on the party of the Secretary of Defense that might be enforceable in a civil action.

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.

If it so happens that you are selected by traffic police again to fill the coffers of a municipality, would you be able to raise an affirmative defense, and bring your spotless driving record into the picture?

In this lawsuit, Cosby raised an affirmative defense that Singer's demand letters to media outlets were shielded by litigation privilege, meaning that the attorney's statements were in conjunction with an anticipated or actual court action and couldn't form the basis of a defamation claim.

On the other hand, in New York, parental alienation, defined as «extreme denigration by one parent of the other parent, or the indoctrination and brainwashing of the child to turn him against the parent», can be used as an affirmative defense to the custodial parent's attempt to establish a support order.