Sentences with phrase «by a court under»

The ADA's «undue hardship» standard is different from that applied by courts under Title VII of the Civil Rights Act of 1964 for religious accommodation.

While I can not go into every detail of the case for the present post, I will first cover the scrutiny by the Court under the requirements of the Directive, which helps to understand the details of the Austrian regime of sanctions; I will then briefly address aspects of the freedom of establishment; and last but not least I will focus on the scope of fundamental rights review exercised by the Court.

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

Shipman remains good law where the certainty required by the courts under s 37 (2) is thought not to be there.

While enforcement, a foreign arbitral award shall, on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Court.

A child placed by a court under the care of a guardian.

The Tribunal found that the interpretive process adopted by the Court under the doctrine «falls well within the scope of duties that courts are asked to perform every day», and that «inconsistency in judicial interpretation at this limited scale is to be expected.»

A peace bond can be ordered by the court under section 810 of the Criminal Code.

[45] In the present case, it is important to note that the expert evidence is being provided by the expert specifically appointed by the court under s. 211 of the Family Law Act to assess the needs of the child and the ability of the parents to meet those needs.

disposition means an order made by a court or Review Board under section 672.54, an order made by a court under section 672.58 or a finding made by a court under subsection 672.64 (1); (décision)

When parents can not agree on the Interviewer or on whether or not to have a Hear the Child Report prepared, they will sometimes seek to have the preparation of a Report ordered by the court under section 202 (b) or under section 224 (1)(b) as a specified service.

The days when the length of the parties» relationship was measured from the date of marriage are long gone, pre - marriage / civil partnership cohabitation is a factor to be taken into account by the court under the Matrimonial Causes Act 1973 (MCA 1973), s 25 exercise (and the Civil Partnership Act 2004 equivalent).

The defendant sought to use the experts» joint statement in the proceedings on the ground that it was a statement ordered by the court under CPR 35.12 (3).

One of my colleagues asked a great question that makes for an excellent tip: The definitions of the Minor Injury Regulation say in (g)(ii): «any insurer made a third party to the claim by the Court under section 635 (14) of the Act.»

(4) A liquidator appointed by the court under this section shall forthwith give to the Director notice in the prescribed form of the liquidator's appointment and shall, within twenty days after being appointed publish the notice in The Ontario Gazette.

Beginning in 1984, he was a frequent arbitrator of cases referred by the court under the California Rules of Court.

His Honour considered that this could be done either by reference to a suitably framed question of fact from the NNTT under s136D (1) NTA for a determination by the Court under s86D, or by the Court directing the hearing and determination of such issues.

Child support orders are normally determined by the court under the Arizona Child Support Guidelines.

(a) an order is made by a court under section 90SM in proceedings with respect to the property of the parties to a de facto relationship or either of them; and

(1) If, on application by a person affected by an order made by a court under section 90SM in property settlement proceedings, the court is satisfied that:

A State child order registered in a court under section 70C or 70D has the same force and effect as if it were an order made by that court under this Part.

(1) Where, on application by a person affected by an order made by a court under section 79 in property settlement proceedings, the court is satisfied that:

(1A) A court may, on application by a person affected by an order made by a court under section 79 in property settlement proceedings, and with the consent of all the parties to the proceedings in which the order was made, vary the order or set the order aside and, if it considers appropriate, make another order under section 79 in substitution for the order so set aside.

An overseas child order registered in a court under section 70G has the same force and effect as if it were an order made by that court under this Part.

(3) In this section, a reference to an order made by a court under section 79 includes a reference to an order made by a court under section 86 of the repealed Act.

Every Board may expect every decision it renders as a result of a grievance or arbitration proceeding to be evaluated by the Courts under the five E's — Equality, Economy, Expedition, Evidence and Equity — to determine if it satisfies due process.

Not exact matches

This was the first ruling by a federal court to confirm the CFTC's determination in 2015 that cryptos are commodities under the Commodity Exchange Act, that it can regulate them, and that it can pursue those it alleges to have engaged in fraud and manipulation schemes on crypto exchanges.

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The oldest law school in Canada, McGill, ranks just under U of T. Its highly regarded law journal is cited by The Supreme Court of Canada more often than any other university - affiliated journal, and McGill law graduates regularly make up a quarter of The Supreme Court's annual clerkships.

In the case of the U.S., our own Supreme Court has already defined greenhouse gases under the Clean Air Act as dangerous pollutants that must be regulated by the Environmental Protection Agency.

Sullivan previously served on the Superior Court of the District of Columbia and the District of Columbia Court of Appeals under appointments by Presidents Ronald Reagan and George H.W. Bush, respectively.

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

A court in San Francisco ruled last week that Google search results are protected by free speech laws under the First Amendment, which means that the company can order its search results any way it sees fit.

Mark Pincus, the founder of video game company Zynga Inc, must face a lawsuit alleging he unfairly benefited by selling $ 192 million of stock in 2012 when other early investors were under a lockup agreement, according to a court ruling.

«Shareholders can vote, but boards can just ignore them under the «business judgment rule» backed by state laws and courts.

They point out that Israeli settlement in those territories is illegal under Article 49 of the Fourth Geneva Convention, and has been declared illegal by the International Court of Justice.

Singh, who has long stood in opposition to the project on the grounds that it was approved under what he calls flawed environmental assessment rules adopted by the previous Conservative government, said Wednesday the Trudeau government should, in tandem with B.C., ask the Supreme Court for a reference to resolve what he calls jurisdictional issues.

Federal prosecutors in Manhattan revealed in court papers Friday that Cohen, whose office and residences were raided by the FBI last week, has been under investigation for months.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

Under the pleadings standard set forth by the Supreme Court in Ashcroft v. Iqbal, a complaint must contain sufficient factual matter, which if accepted as true, states a «claim to relief that is plausible on its face.»

The prior three corporate convictions under the CFPOA have been achieved by the entering of guilty pleas.2 The Court also for the first time interpreted the meaning of key provisions in the statute, including clarifying that an inchoate offence of conspiracy exists under the CFPOA and in what circumstances a real and substantial connection will be required and found.

(1) Any customer who enters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --

Documents obtained exclusively by theBreaker, under the freedom of information law, show that Deputy Minister Richard Fyfe gave approval Oct. 2, 2017 for the Court Services Branch to hold its second annual leadership conference at B.C.'s biggest casino.

Instead, the Supreme Court has made clear that federal agencies, acting under the authority granted to them by Congress, can regulate arbitration procedures to protect statutory rights.

The industry switched to lending under other laws which was upheld by the courts and not corrected by the Ohio legislature.

On June 28, 2012, the Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was constitutional under the U.S. Congress's taxing authority.

The class action, filed in United States District Court, for the Central District of California, and docketed under 17 - cv - 09157, is on behalf of a class consisting of investors who purchased or otherwise acquired Crypto securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

Although DAO tokens did not appear to satisfy the definition of a security, the regulator brought it under the «investment contract» test initially developed by the U.S. Supreme Court in SEC v. W.J. Howey Co..

The class action, filed in United States District Court, Southern District of New York, and docketed under 17 - cv - 09903, is on behalf of a class consisting of investors who purchased or otherwise acquired Qudian's American Depositary Receipts («ADRs») pursuant and / or traceable to Qudian's false and misleading Registration Statement and Prospectus, issued in connection with the Company's initial public offering on or about October 18, 2017 (the «IPO» or the «Offering»), seeking to recover damages caused by Defendants» violations of the Securities Act of 1933 (the «Securities Act»).