Sentences with phrase «brought under state»

The California Supreme Court interpreted this statute to require judicial consideration of claims brought under the state statute, and accordingly refused to enforce the parties» contract to arbitrate such claims.

Represented home health care employer in whistleblower action brought under state law in Massachusetts.

«(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.».

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

The legal team at Bick Law has a wealth of experience protecting companies against «citizen suits» brought under state and federal environmental laws.

This ruling has substantially limited the use of the ATS in transnational cases, but does not deter cases brought under state common law.

The prime minister has refused to rule out the possibility of troubled lender Northern Rock being brought under state control.

Though discovered 25 years ago and brought under state enforcement in 1990, remedial efforts have been a failure.

The new nexus does not bring under the State's jurisdiction «anyone adversely affected by an act imputable to a Contracting State, wherever in the world» as the ECtHR feared, but the State would incur responsibility for the failure to exercise its due diligence within its territory.

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.

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.

In October, California's state appeals court ruled that a housekeeper could bring a claim against her employer under the state's Fair Employment and Housing Act.

Under the new version, states can outline plans to bring down costs for healthcare in their state including loosening regulations created under ObamaUnder the new version, states can outline plans to bring down costs for healthcare in their state including loosening regulations created under Obamaunder Obamacare.

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.

Tradiv has partnered with Flowhub, a plant management and sales POS software system that helps dispensaries stay compliant under state law, to bring state - wide data on what products are selling and which products are duds.

Under California Penal Code 647 (j)(4), Chyna can file a police report, but charges would have to be brought by the state.

Under Article II of the Constitution, only Officers of the United States may bring litigation on behalf of the Executive Branch.

Under U.S. law corporations don't pay income tax on overseas profits until the profits are brought into the United States.

With a glorious and powerful figure who seeks to detach us from our God, to ensure the triumph of the world, to use propaganda to revive the temptation with which Jesus was tempted, to bring the church under submission to money or the state, there is no dialogue, for dialogue is not a value of its own and is not the supreme expression of the Christian life.

He then brought a suit demanding his freedom in St. Louis County Court under Missouri law, claiming that he was legally entitled to be free by virtue of having resided in a free state or territory.

Nation - states under monarchs with mounting power were bringing together areas formerly loosely bound together by feudal ties.

He then brought a new case in the federal courts to consider, among other things, whether a state could reverse the «once free, always free» principle under which the St. Louis County Court had ruled in Scott's favor.

«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).»

Similarly, in McMahon v. Bumble Bee Foods LLC, the plaintiff brought a state law claim under the Illinois Food, Drug and Cosmetic Act (IFDCA) for alleged violations of FDA regulations.

The district court dismissed the case, stating that it could only be brought under federal law.

Marius Berlemann, ProWein Director and Global Head of Wine & Spirits at Messe Düsseldorf, stated: «Having followed our highly successful global formula which brings together an international variety of wine brands and producers under one roof, we are extremely pleased to see this internationality reflected here at ProWine ASIA.

«Houston is the natural next step for Pie Five's expansion, now that we have a solid and rapidly expanding base of restaurants in the Dallas - Fort Worth area and more than 100 franchise units under contract in 11 states,» said Chris Smith, vice president of operations for Pie Five Pizza Co., a subsidiary of Pizza Inn Holdings, Inc. «It's not an exaggeration to say that we're changing the way people experience pizza, and I have no doubt our friends in the Bayou City will love what we're bringing to their area.»

While just under three weeks until The Game, here's a Michigan — Ohio State hype video brought to you by Twitter...

Greg Jennings — Jennings has publicly stated throughout this year that he's not expecting the Packers to bring him back, and that he does not want to play out the 2013 season under the franchise tag.

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...

The Star states that Ighalo is under contract at Vicarage Road until 2020, and that last year he rejected a # 10m move to Chinese club Hebei China Fortune, meaning United would have to surpass that fee if they want to bring him on board.

Although it will be incredibly difficult to ever match his contributions on the pitch, it's vitally important for a former club legend, like Henry, to publicly address his concerns regarding the direction of this club... regardless of those who still feel that Henry has some sort of agenda due to the backlash he received following earlier comments he made on air regarding Arsenal, he has an intimate understanding of the game, he knows the fans are being hosed and he feels some sense of obligation, both professionally and personally, to tell it like he sees it... much like I've continually expressed over the last couple months, this team isn't evolving under this current ownership / management team... instead we are currently experiencing a «stagnant» phase in our club's storied history... a fact that can't be hidden by simply changing the formation or bringing in one or two individuals... this team needs fundamental change in the way it conducts business both on and off the pitch or it will continue to slowly devolve into a second tier club... regardless of the euphoria surrounding our escape act on Friday evening, as it stands, this club is more likely to be fighting for a Europa League spot for the foreseeable future than a top 4 finish... we can't hope for the failures of others to secure our place in the top 4, we need to be the manufacturers of our own success by doing whatever is necessary to evolve as an organization... if Wenger, Gazidis and Kroenke can't take the necessary steps following the debacle they manufactured last season, their removal is imperative for our future success... unfortunately, I strongly believe that either they don't know how to proceed in the present economic climate or they are unwilling to do whatever it takes to turn this ship around... just look at the current state of our squad, none of our world class players are under contract beyond this season, we have a ridiculous wage bill considering the results, we can't sell our deadwood because we've mismanaged our personnel decisions and contractual obligations, we haven't properly cultivated our younger talent and we might have become one of the worst clubs ever when it comes to way we handle our transfer business, which under Dein was one of our greatest assets... it's time to get things right!!!

I think that this is the perfect time to bring attention to fundraising for SNF, as the USDA will be requiring — under the HHFKA — to establish standards for all levels of personnel (state agencies, local school districts and schools) for training and certification.

On October 25, 2012, the Court of Appeals held in that case that the United States may ban federally licensed firearms dealers from selling handguns to people under age 21, in a similar suit brought by the National Rifle Association.

Don Touhig, the under secretary of state for defence, insisted the proposals had not been introduced in the wake of the recent spate of prosecutions against members of the armed forces in Iraq, saying they were aimed at bringing the current system up to date.

All but five of the cases were brought by women alleging «gender discrimination, discrimination based on sexual orientation, sexual harassment, hostile work environment, and / or sexual assault,» according to the records obtained under the state Freedom of Information Law.

In addition to a federal investigation into whether Campaign for One New York donors, many of whom had business before the city, received anything for their donation, authorities are also examining whether de Blasio's unsuccessful bid to bring the state Senate under Democratic control in 2014 violated campaign finance and election laws.

Under the system, the European Commission on Human Rights, set up in 1954, would examine complaints brought by individuals, organisations or other states and rule on their admissibility, before passing them to the Committee of Ministers of the Council of Europe.

«Also, the international community, especially the United States, United Kingdom and the United Nations should caution the President against actions capable of bringing down institutions of government under the guise of fighting corruption.»

The state will provide grants to entities that can bring broadband to those who are under - served or not served.

Confirming the incident, the Public Relations Officer of the Ekiti State police command, Mr Alberto Adeyemi, said the clash between the masqueraders and Muslims had been brought under control and normalcy has been restored to the community.

Oneida County also receives an additional payment under the agreement to bring its total to $ 27.8 million in 2016, according to the New York State Comptroller's Office.

During an interactive session with a group of civil society organisations under the auspices of, «The Situation Room» in Abuja last June, Idris had stated that the measure was intended to bring the police closer to Nigerians.

Now state officials are looking for someone to bring the under - utilized building to life.

The mayor is facing investigations into whether his unsuccessful bid to bring the state Senate under Democratic control in 2014 as well as fundraising efforts for the Campaign for One New York, a nonprofit to advance the mayor's agenda, violated campaign finance and election laws.

To balance the state's budget over the long term, we first need to bring spending under control, and within our means.

If the situation is not brought under control within the next two weeks by the Oyo State Government, this group will be left with no choice but to take appropriate action.»

The point in all this, about which I am sure we agree, is that if Labour was serious about a one - nation education system it would be discussing these different legal routes to bringing all state funded schools under democratic control.

Under Governor Andrew Cuomo's leadership, New York is investing in developments like Sheridan Hollow across the State that focus on attracting businesses, transforming communities, and bringing historic districts back to life.

It took the intervention of the state Commissioner of Police, Mr. Gbenga Adeyanju, and the Commandant of the Nigeria Security and Civil Defence Corps, Mr. Pedro Ideba, who deployed their men in the council, to bring the situation under control.