Sentences with phrase «arises under state»

This authority arises under state common law, rather than federal law, so the relevant legal authority would differ from state to state, but would be present in almost every state.

LIMITATIONS OF IMPLIED WARRANTY: All Implied Warranties which may arise under state law, including all Implied Warranties of Merchantability or Fitness for a particular purpose, are limited to the duration of this Warranty and do not cover incidental or consequential damages.

Eric has served as national counsel coordinating litigation in multiple jurisdictions against claims arising under state - law consumer protection and unfair and deceptive practices laws.

Timeliness is very important when it comes to legal matters, especially those arising under state or federal employment laws.

We advise on questions that arise under state «Blue Sky» laws, the Commodity Exchange Act, and all federal securities laws.

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

This discussion also does not address any tax consequences arising under the unearned Medicare contribution tax pursuant to the Health Care and Education Reconciliation Act of 2010, nor does it address any tax considerations under state, local or foreign laws or U.S. federal laws other than those pertaining to the U.S. federal income tax.

«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).»

(b) Athletic trainers licensed by the Board or certified or licensed by the proper licensing authority of another state, province, territory or the District of Columbia who are working in a team setting, treating injuries which arise in the course of practices or team sports events, may treat the participant at the events under the conditions of the referral, or the standing written prescription or written protocol.

Where a couple used a known donor, issues about the donor's parental status have arisen not only under New York's law, but also in other states as well, reinforcing the importance of second parent adoptions to forestall conflicts that could arise in other jurisdictions.

A resurgent Russia under Putin has destroyed much of this myth, not least because of Russia's involvement in the de facto states which have arisen from conflicts: South Ossetia and Abkhazia (Georgia), Nagorno - Karabakh (Armenia / Azerbaijan) and Transnistria (Moldova).

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Controversy, however arose as to under which police custody should the senator be kept, even as his counsel was heard expressing fears that his client «will be killed», if remanded anywhere in Kogi State.

The New York State Department of Environmental Conservation has come under increased scrutiny as questions have arisen over the agency's ability to oversee Hyrdraulic Fracturing, should the process of extracting natural gas from shale be legalized in the sState Department of Environmental Conservation has come under increased scrutiny as questions have arisen over the agency's ability to oversee Hyrdraulic Fracturing, should the process of extracting natural gas from shale be legalized in the statestate.

12.2 Any dispute arising from, relating to or in any manner connected with this License or your use of the Licensed Materials shall be construed under and resolved in accordance with the laws of the state of New York, exclusive of its choice of law principles.

Any dispute arising under these Terms or in connection with your use of this Website shall be resolved exclusively by the state and / or federal courts of the State of Washington, King County and / or the Western District of Washinstate and / or federal courts of the State of Washington, King County and / or the Western District of WashinState of Washington, King County and / or the Western District of Washington.

The failure of the schools arises from their determination to cling to a position — a position clearly prohibited under the Constitution of the United States — that threatens the opportunities of children to receive the best possible education.»

You agree that this Agreement and any dispute arising under it is governed by the laws of the State of New Jersey of the United States of America, applicable to agreements negotiated, executed, and performed within New Jersey.

For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.

By using this Website and / or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than NewStates or states other than Newstates other than New York.

By using this Site and / or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than Indiana, and you agree to submit to the exclusive jurisdiction of the courts of the State of Indiana and the federal courts of InStates or states other than Indiana, and you agree to submit to the exclusive jurisdiction of the courts of the State of Indiana and the federal courts of Instates other than Indiana, and you agree to submit to the exclusive jurisdiction of the courts of the State of Indiana and the federal courts of Indiana.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

To the fullest extent permitted by law, in no event and under no circumstances shall PetSmart Charities or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for direct, indirect, special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANIMAL LEAGUE OR THE CONTRIBUTORS OF INFORMATION TO THE SITES OR OUR SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S USE OR INABILITY TO USE THE SITES, OR YOUR (OR ANY AUTHORIZED USER»S) OR ANY UNRELATED PARTY»S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.

In this clause 6 «Claims» means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (including negligence, trespass to the person or for breach of implied terms in the sale of services under section 74 of the Trade Practices Act (1974) Cth and equivalent provisions contained in State sale of goods or fair trading legislation).

If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Section 5 (and with respect to 5 (c), insofar as any claims may arise from, or relate to, consumer protection or fraud and / or misrepresentation, or result in attorney's fees) does not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence.

More clearly here than elsewhere, photography arises from uncertain social conditions, a kind of personal limbo that clearly affected all Soviet citizens living under the Communist state.

tpinlb, climate models don't «predict» year - specific phenomena arising from stochastic variation that adds «noise» to progression of climate states under the influence of persistent forcings.

Since the (negative) Commission decision was addressed only to Germany, the question had arisen whether Switzerland — being a non-member State — could avail itself of the Agreement in order to establish locus standi under the same conditions as the EU Member States (i.e. under Article 230 Paragraph 2, rather than 4, TFEU).

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

(application to European Court of Human Rights; whether violation of presumption of innocence; challenge to refusal of the Secretary of State to grant F compensation under s. 133 of the Criminal Justice Act 1988 arising from his wrongful conviction in 2004 for various sexual offences).

Laura focuses her practice on civil litigation and regulatory investigations under the federal securities laws as well as state law claims arising from corporate transactions, such as suits seeking to enjoin mergers and acquisitions and appraisals.

For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.

Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

all labor and employment matters under state law, including wrongful discharge actions, defamation and invasion of privacy actions arising from adverse personnel action.

(2) No pecuniary claim, arising out of the arrest, detention, examination and surrender of persons sought under the terms of this Treaty, shall be made by the requested State against the requesting State.

To what degree are Member States free under those rules to formulate PBMs unilaterally to promote environmental and social concerns that arise outside their respective national markets?

His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrState and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrstate and federal criminal laws, environmental laws, or tort doctrines.

Currently, civil claims for trade secret misappropriation arise solely under state law.

For example, an LRW class may focus on a state law problem set in California, but the students should be able to transfer their experience with researching California law to research a problem arising under New Jersey law.

Examples include a contract dispute arising from conflicts between the definition of organic and genetically modified food under European Union and United States law, and a claim for airline passengers with tuberculosis arising under World Health Organization regulations and the Montreal / Warsaw Convention.88 The Pittsburgh problems end with a negotiation rather than with an argument.

Nassar points out that investmentdisputes under the new law «now may be referred to a ministerial committee which has the power to settle any differences that may arise in respect of contracting procedures, rescheduling, re-negotiating the state - investment contracts to maintain equilibrium».

The application arose under the Insolvency Act 1986 (IA 1986), s 6 (1) which states that an application can be made to the court on the grounds that a voluntary arrangement unfairly prejudices the interests of a creditor.

Its relevance may arise where for instance under the law of state A the holder of PR could act alone whereas under the law of state B he must act in conjunction with another.

The fact of the administrative state is predicated by the fact that parliament (both federal and provincial) and the courts can not possibly apply and administer the myriad of rules that govern day to day life or settle the thousands of disputes that arise under the endless statutes and regulations.