Sentences with phrase «arises out of the same»

(ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

A claim is precluded if an earlier case was decided on the merits, the same parties are involved in both lawsuits, and both claims arise out of the same cause of action.

by Jacob Damstra Two recent decisions arising out of the same case, Niagara Peninsula Conservation Authority v. Smith, provide some important judicial guidance regarding... Read more

As to the former, the s 423 and declaration claims did not arise out of the same facts as the damages claim.

The Indemnified Party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and, in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (in which case the Indemnifying Party shall not have the right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.

It states that an amended complaint adding a new defendant can relate back to the initial date if it (1) arises out of the same incident set forth or attempted to be set forth in the initial complaint and the subsequent defendant within the state of limitations (a) received notice of the complaint or (b) knew or should have known that but for a mistake, the defendant would have been named as a defendant in the original complaint.

8 MacPherson J. appears to be of the view that if some accident benefit claim arising out of an accident has been mediated and mediation has failed there is not need to go through mediation again for other benefits under the same policy arising out of the same accident.

It's also worth remembering that as well as a claim for constructive dismissal, you may have other claims, such as a discrimination claim, arising out of the same circumstances.

The areas of concern included avoiding bad faith, dealing with a second case arising out of the same accident, apportioning payment of the insurance proceeds, and claims handling issues.

A stay of proceedings means that a new proceeding arising out of the same delict is always possible.

(b) claim relief arising out of the same transaction or occurrence or series of transactions or occurrences; or

A release of all claims basically states that your case is settled and that you can no longer file a personal injury claim arising out of the same accident or injuries.

Where the claim was the third claim brought by a claimant arising out of the same set of facts about the enforceability of a charge the court ordered that it be struck out and made an extended civil restraint order in respect of the claimant.

XYZ Ltd was anonymised on the basis that there were ongoing criminal proceedings arising out of the same facts; to avoid the risk of prejudice in those proceedings, the court ordered that the judgment providing full details of the parties involved only be made public following the conclusion of those proceedings.

Mr. Jacobs tried a civil case in which his client had previously pleaded no contest to a crime in criminal court arising out of the same incident which gave rise to the civil litigation.

Lead counsel in an LCIA arbitration in London relating to claims arising out of construction of one of the largest privately - financed (BOT) infrastructure projects in Europe and as lead counsel or co-counsel in two separate ICC arbitrations in London concerning disputes with subcontractors arising out of the same project.

What is known as the doctrine of double jeopardy does not typically apply when an individual is charged on both the federal and state level for white collar crimes arising out of the same course of conduct.

By signing the release, you forever waive and relinquish any and all rights that you might have to bring another claim against the responsible party that might arise out of the same occurrence.

FN4 AAR argues that notwithstanding the statute's explicit saving of contract claims, courts have stated that «common law claims» arising out of the same operative facts as a trade secret claims are preempted, and that contract claims are common law claims, so contract claims must be preempted.

A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

Under the new system, the only way that trolls can join multiple defendants is if the right to relief against the parties arises out of the same transaction or is based on common questions of fact.

PTUK may decide to hear a complaint against a member when another organisation is involved in a similar process arising out of the same substantive matters.

When an ethics complaint and an arbitration request are filed at the same time arising out of the same facts and circumstances, the arbitration hearing shall be held first and the ethics hearing shall be conducted by a different Hearing Panel after the conclusion of the arbitration hearing.

Upon motion by either the complainant or the respondent, an arbitration request may be amended to include any additional appropriate parties, or separate arbitration requests may be filed naming additional parties, so that all related claims arising out of the same transaction can be resolved at the same time.

(e) In the event the respondent named in any complaint alleging a violation of the Code of Ethics is involved in any criminal litigation arising out of the same facts and circumstances giving rise to the complaint alleging unethical conduct, the complaint shall not proceed to a hearing before the Professional Standards Committee but rather shall be held in abeyance until the pending criminal proceedings have been concluded.

In the event the respondent named in any complaint alleging a violation of the Code of Ethics is involved in civil litigation or in any proceeding before the state real estate licensing authority or any other state or federal regulatory or administrative agency in a matter arising out of the same facts and circumstances giving rise to the complaint alleging unethical conduct, the complaint may, at the discretion of the Grievance Committee, or on appeal, at the discretion of the Board of Directors, proceed to a hearing before a Hearing Panel of the Board's Professional Standards Committee.

If it appears that there may be related claims involving other parties arising out of the same facts, the Grievance Committee may suggest to either the complainant or respondent (or both) that they may wish to request arbitration with additional respondents or third - party respondents so that all related claims may be resolved through a single arbitration hearing.

When an ethics complaint and an arbitration request arising out of the same facts and circumstances are filed at the same time, the arbitration hearing shall be held first, and the citation (s) issued or ethics hearing held after the conclusion of the arbitration hearing consistent with Professional Standards Policy Statement # 35, Separation of Ethics Complaint and Arbitration Request, Code of Ethics and Arbitration Manual.

If Mediation Officers are members of the Grievance Committee, they shall not participate in the consideration of requests for arbitration or ethics complaints arising out of the same facts and circumstances giving rise to a matter they attempted to mediate.

Not exact matches

However, because Section 232 arises out of national security concerns and uses a different process, adversely affected importing companies may not have those same opportunities to oppose or challenge the new tariffs and quotas if adopted by the president.

The same may apply in other countries: when one seeks to develop theological forms which arise out of «people's» culture, what sources are being used to identify people's culture and what is the role of the interpretive power of the media in shaping those sources?

At the same time there is the acute awareness of the incompleteness of each metaphysical system: it is supported by an unlimited background of presuppositions, out of which it arises and to which it continuously refers.

God takes the initiative: with His forgiveness He creates something quite new, out of which arises at once a real, close, and warm relationship to God, and with it at the same time a morality which ventures to take even God Himself as its model.22

To the extent that the minister gives himself to that same mission in the world, he will harvest a clarity of understanding texts that arose out of that mission.

No two occasions arise out of one and the same world, «though the difference between the two universes only consists in some actual entities, included in one and not in the other, and in the subordinate entities which each actual entity introduces into the world» (PR 34: 5th Category of Explanation).

Is it not incontestable, a matter of everyday experience, that each of these, to the extent that he believes (and sees the other believe) in the future of the world, feels a basic human sympathy for the other — not for any sentimental reason, but arising out of the obscure recognition that both are going the same way, and that despite all ideological differences they will eventually, in some manner, come together on the same summit?

They use a lot of the same equipment that OBGYNs use and not only that but most reputable midwives are fine with working either with a hospital or have an OBGYN on cal if any complications arise, just because there are some shitty midwives doesn't mean they all are, just like one shitty Dr doesn't make them all shitty... But I know they push for women to come in and out quick, they give them a time limit to give birth and if you don't fall in that time line you get a shit ton of meds and then complications next thing you know your havingna csection... Dr makes money on that too BTW!

Much the same is true over both Scottish independence and EU membership and for the same reason: a defeated campaign that holds a grievance borne out of perceived unfairness will only regard that loss as a tactical setback and will look to overturn the settlement once the opportunity arises.

Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kentucky.

Pavan Dhaliwal, director of public affairs and policy at the BHA, said: «We acknowledge, of course, that there are plenty of «faith» schools out there in which problems of this kind described in some of the blogs do not arise, or do not arise to the same extent, but it remains the case that there are a huge number of people out there who have experienced indoctrination, misinformation, discrimination, neglect, and abuse during their childhoods as a result of the extensive freedoms and pervasive lack of oversight that «faith» schools of all kinds enjoy.

Out of School and Unprepared: The Need to Improve Support for Students with Disabilities Transitioning to Adulthood In March 2011, the ARISE Coalition, a group of parents, educators, advocates and other supporters of students with disabilities coordinated by Advocates for Children of New York (AFC), released this policy paper calling on New York City and New York State to follow the law with respect to transition planning and to give post-secondary transition for students with special education needs the same high priority they are beginning to give college and career readiness for other students.

If the answer to that query is that private schools are paid for by the parents, so government should just stay out of the way, then another, even more important question arises: If the private school accepts public funds (i.e., vouchers), what legitimate reason then exists to exclude them from complying with the same requirements as public schools?

Theatrics - such as out - of - season flowers arising from nowhere, strains of deathly music drifting through the air - were included to provide convincing evidence that dead people were not really dead but sitting, invisibly, in the same room.

And, since no two dogs use a toy the exact same way (see «Chews - onality» section below), we've also included a few words of caution about the different types of chews and chew toys so you can best assess which types might be best for your dog and so you can know what to look out for if any problems arise.

I do by these presents release the Routt County Humane Society, its employees, officers and volunteers from any and all injuries and damage to me and my property, or my death, arising out of or related to any happening or occurrence while I am engaged as a volunteer at the Routt County Humane Society, and for the same consideration, I promise to release and convenient not to sue said persons and the Routt County Humane Society and agree to forever hold them, and each of them, harmless from any such liabilities, claims, demands, actions or causes of action.

While this in itself is a bit of an overstatement (there is plenty of insightful travel journalism out there to offset the generic pap), Thompson proceeds with an accurate roundup of the elements that conspire to create bad travel writing: throw - away words like «hip,» «happening,» «sun - drenched,» «undiscovered,» and «magical»; imperative language that urges the reader to «do» this, «eat» that, «go» here; stories that depict tourism workers (taxi drivers, hotel clerks, bartenders) as «local color»; the fake narrative «raisons d'etre writers invent to justify their travels»; the untraveled writers and editors who assemble authoritative - sounding travel «roundups» from Internet research; the conflicts of interest that arise when writers fund their travels with industry - subsidized «comps»; publications running what is essentially the same story over and over again, never questioning stereotype assumptions about certain parts of the world.

Voulkos» practice arose out of a significant moment in American art: At the same time that critic Clement Greenberg was tracking the self - critical development of modern art to the Abstract Expressionist painters, the G.I. Bill was transforming university art education.

On the other hand, the same obligations arising out of the resolutions rendered the alleged infringement of the applicant's Convention rights attributable to the UN and thus, per the «Monetary Gold principle», inadmissible ratione personae before the Court.

In Fiona Trust Corp, the House of Lords also held that arbitration clauses in international commercial contracts ought to be liberally construed, and that parties to arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal, unless language to the contrary is present.

Let's suppose for a moment that a dispute arises between two businessmen out of an agreement among a congregation to exercise discretion in favour of parties that attend the same church, one party having failed to comply.