There are issues of
apportionment at fault as well, which makes them harder to win.
«But none of them are sustainable in the long term, and certainly ongoing
apportionment at this level jeopardizes the long - term viability of the refinery.»
Not exact matches
At said election the qualified voters of each County and Senatorial District, as defined in article eight of this Constitution, shall elect, respectively, Representatives and Senators according to the numbers and
apportionment contained in said article.
When taking their seats
at the next session in January 1816, in three districts there was a number of senators differing from the
apportionment, which was corrected
at the election in 1816.
We managed to win back control of the Senate before
apportionment; we had a net pick of of
at least seven Assembly seats, and we won back some high profle seats, like John Hall's and kept a couple that could have gone the other way after unforced errors (Eric Mass's seat comes to mnd).
At least two local boards of civil authority voted to oppose the
Apportionment Board's elimination of multi-member districts within their local area.
Related sites U.S. map showing the changes in
apportionment based on the 2000 census The Census Bureau's role in the
apportionment process Census Bureau information about computing
apportionment Peyton Young's home page
at the Brookings Institution
No. 14 - 03,
Apportionment of the Continuing Resolution (s) for Fiscal Year 2015,
at 4 (2014), http://www.whitehouse.gov/sites/default/files/omb/bulletins/2014/b-14-03.pdf [http://perma.cc/XH44-P3D8][hereinafter OMB Bull.
213 OMB directs agencies to «operate
at a minimal level until after your regular [fiscal year] appropriation is enacted» and oversees their choices to implement that direction214 to prevent a situation where a subsequently enacted regular appropriation provides less funding than the agency had expected.215 While the OMB Director provides a formula that automatically apportions amounts provided under the continuing resolution, 216 the RMOs may further limit this amount, 217 deploy footnotes to specify additional restrictions on its use, 218 and grant requests for sums beyond the automatic
apportionment only in «extraordinary circumstances.»
A-11, supra note 116, § 123.13,
at 6 (describing the process of automatic
apportionment).
TIFIA Program With certain exceptions noted below, the project's eligible costs, as defined under 23 U.S.C. § 601 (a)(2), must be reasonably anticipated to be
at least (i) $ 50 million or (ii) 33 1/3 percent or more of the state's Federal - aid highway
apportionments for the most recently completed fiscal year, whichever is less.
It must cost
at least $ 100 million or 50 percent of a State's annual
apportionment of Federal - aid funds, whichever is less.
Thus we would counsel against a greater than 50 %
apportionment to common stocks
at this time.
In Bardstown, under Kentucky law, under the
apportionment of damages, the driver is going to be found to be a percentage
at fault and in this case, because they have admitted it, the driver will be one hundred percent
at fault, which means they are now going to have to pay for the other person involved even though the one who initially admitted fault may not be the
at - fault driver.
The EAT was
at pains, however, to note that nothing precludes
apportionment in two other senses: namely where the injury caused by different acts of discrimination is divisible; or where there may be claims of contribution as between the respondents.
Justices Bastarache and Arbour, writing for the majority, envisioned a balancing of the objectives set out in s. 15.2 (6) of the Divorce Act which seek an equitable
apportionment of the economic consequences of the marriage and its breakdown between spouses, with the objectives, which flow from s. 9 of the Divorce Act, being finality, certainty and the autonomy of spouses to make their own agreement (Miglin
at para 67).
Indeed, in Martin v. Listowel itself, the court accepted the trial judge's
apportionment against two doctors who had been sued but had settled before trial, and therefore were not parties
at the trial.
Permitting
apportionment without insisting that they be parties will mean fewer parties
at trial, a shorter trial and reduced costs.
(There's now contribution between wrongdoers
at common law for those cases where the
apportionment statutes don't apply.
We don't have to worry about missing tortfeasors anymore —
at least for
apportionment purposes — that any more (
at least in Ontari - ari - o.).
It's worth remembering that the result of purpose of
apportionment, where one of the persons
at fault isn't a party to the action, is not to impose liability on the non-party.
In addition, and remarkably (
at least to me), the trial judge justify his / her conclusion that
apportionment of fault was not permitted by stating that the defendant's counsel had signed the minutes of settlement that let the (by trial) non-party out of action.
At the state and local tax levels, we address
apportionment and entity classification issues as well as sales tax and local property tax problems.
The claimants damages were assessed
at $ 250,182.38 before
apportionment for contributory negligence.
«Given the speed
at which Carillion collapsed, there appeared to be no time to attempt to save the company by separating it from its 13 defined benefits schemes through the use of a regulated
apportionment arrangement, as most recently agreed, for example, in the British Steel pension scheme.»
Generally speaking, the adjusters will negotiate amongst themselves, in the absence of the motorists, and make an internal decision
at ICBC on the
apportionment of liability between the motorists.
FFS HK Ltd. v. «P.T. 25» (The), 2010 BCSC 1675: Acted as co-counsel to a senior member of the firm in defending a vessel owner for a claim for damages arising from a spill of bunkering fuel and successfully arguing that its
apportionment of the damages be set
at 50 %.
Because the
apportionment of fault has meaningful implications for the financial outcome of a case — and, therefore, your recovery — it is essential that your lawyers be experienced in investigating accidents and demonstrating that other parties are
at fault.
But unfortunately the evidence is rarely so clear cut and because of the amount of money
at stake in many fatal accident cases the insurers are likely to fight the claim if they believe there is a chance of avoiding liability or achieving an
apportionment of liability.
We located cases that had similar facts for him to refer to
at the mediation and provided him with recent case law on the
apportionment of liability under the Negligence Act.
His employer argued that there should have been an
apportionment of damages between the three causes of injury: namely the accident
at work, the pre-existing degeneration and the second accident.
In the above example, when Mr. Rajesh pays his renewal premium next year, the fund
apportionment / allocation will be the same as his original
apportionment that he had requested
at the time of purchase (ie.
The minimum premium
apportionment to any fund is
at least 5 %.
The premium
apportionment to any fund should be
at least 5 % and
at any time, you have the flexibility to alter the proportion of premium invested into the funds.
In making an equitable
apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties
at the time of the marriage and
at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable
apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations
at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.