Sentences with phrase «civil cases based»

The bottom line is that civil cases based on traffic accidents are not always as simple as they may seem.

A civil case based on drunk driving is an injury lawsuit filed by the victim or the victim's family in the case of a fatality of a drunk driver.

Not exact matches

The judicial system does not track civil cases filed in circuit court by the section of law cited, but he does not remember hearing of any lawsuit based on the disparagement law being filed in circuit court anywhere in South Dakota.

In a case that could have wide - ranging national significance for gay rights, a federal appeals court in New York ruled that a landmark civil rights law bars employers from discriminating against their workers based on sexual orientation.

The U.S. Justice Department has filed court papers in a New York case arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation, taking a stand against a decision reached under President Barack Obama.

The attorney general's office records do not break down the cases by specific categories of offense because they are all related to harassment, discrimination and abuse based on gender and all were brought under the same federal civil rights law.

Skretny said NRP failed to establish a basis for a civil suit, basically ruling that neither another party to the case — the Buffalo Urban Renewal Agency — nor the mayor, nor any other city official could award Stenhouse a contract without Common Council approval.

Based in Edinburgh, he practised as an advocate at the Scottish Bar, mostly in civil law cases.

We agree that we will approach forthcoming legislation in the area of criminal justice on a case by case basis, with a view to maximising our country's security, protecting Britain's civil liberties and preserving the integrity of our criminal justice system.

The characterization of the Masterpiece Cakeshop v. Colorado Civil Rights Commission case being heard by the Supreme Court tomorrow is a bit off base.

These include the behaviour of the Italian government in the aftermath of Chernobyl, the basis of decision - making in civil nuclear power in Switzerland and France, and the controversy over the supposed effects of radiation doses to fathers on their offspring at Sellafield (a large case control study, which has recently been published, contradicts the views in the book), and the Black enquiry into childhood leukaemias in the vicinity of the plant.

This movie is based on a true story, and is one of the cases that propelled Marshall to his historic role as a civil rights activist.

David Oyelowo and Russell Crowe are set to star in Arc of Justice, based on a famous civil rights case from the 1920s.

In this forum, Dan Losen of the Civil Rights Project at UCLA argues that the directive must remain in place in order to eliminate harm from unjustified discipline, and Michael Petrilli of the Thomas B. Fordham Institute makes the case that the directive is based on an inaccurate understanding of discipline data and amounts to an overreach of federal power.

But it would examine each case based on its own facts, rather than using the fig leaf of «civil rights» as an excuse for Washington to micromanage America's 100,000 public schools.

1912: NEA endorses Women's Suffrage 1919: NEA members in New Jersey lead the way to the nation's first state pension; by 1945, every state had a pension plan in effect 1941: NEA successfully lobbied Congress for special funding for public schools near military bases 1945: NEA lobbied for the G.I. Bill of Rights to help returning soldiers continue their education 1958: NEA helps gain passage of the National Defense Education Act 1964: NEA lobbies to pass the Civil Rights Act 1968: NEA leads an effort to establish the Bilingual Education Act 1974: NEA backs a case heard before the U.S. Supreme Court that proposes to make unlawful the firing of pregnant teachers or forced maternity leave 1984: NEA fights for and wins passage of a federal retirement equity law that provides the means to end sex discrimination against women in retirement funds 2000s: NEA has lobbied for changes to the No Child Left Behind Act 2009: NEA delegates to the Representative Assembly pass a resolution that opposes the discriminatory treatment of same - sex couple

(i) The charge or basis for the application must be «set out clearly in writing»: the power to commit extends to many more courts in family and civil proceedings than was previously the case.

Once reserved for hedge funds and other deep - pocketed investors, litigation funding is moving into the mainstream through startups like LexShares in Boston and Los Angeles - based Trial Funder Inc., a website that raises funding for personal - injury and civil - rights cases.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

The Cerillo case is a good example of how a criminal matter can assist in the civil lawsuit where the crime victim is seeking money damages based upon harm sustained in the crime.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

On this basis, art. 2402 of the Civil Code of Québec concerns only indictable offences, those that are punishable exclusively by way of indictment, and not, as in this case, hybrid offences.

This case is, as well, a useful precedent for defendants to argue that activities that may otherwise be illegal under the Competition Act (or subject to civil liability) should be shielded based merely on legislative authority, where no specific rule exists mandating activities.

It could be argued that the ECJ had not been able to properly establish the scope of Article 101 TFEU by declaratory judgment, in accordance with the principles of civil law on which the EU legal order is supposedly based, as there was no earlier case in which it could «clarify» this.

Experts should only be paid on a contingency or conditional fee basis in «exceptional cases» where the courts have authorised it, the Civil Justice Council has said in its new guidance on instructing experts.

Not only has there been limited factual disclosure of civil recovery cases by the SFO, their legal basis remains unclear.

I've always charged flat fees for criminal defense files, while civil cases were billed either hourly or on a contingency fee basis.

Brian Brown manages, supervises and handles the defense litigation cases involving automobile negligence, products liability, premises liability including lead - based paint poisoning, civil assaults, construction accidents, insurance coverage, insurance fraud and claims of negligent security, including ATMs.

Our civil cases are handled on a contingent fee basis.

This week, St. Lewis won her three - year libel case against Rancourt and was awarded $ 350,000 in damages by an Ottawa civil jury, based on damages to her reputation stemming from Rancourt's use of the pejorative term in a 2011 blog.

There are civil rights laws that limit this discretion in the case, for example, of discrimination based on race, or family status.

Is a «civil Gideon» (based upon the landmark U.S. Supreme Court case of Gideon v. Wainwright) guarantee of counsel the answer?

Mr. O'Sullivan is also correct to imply that, in a justice system where the content is based in part on «judicial civil precedent», on judges providing new solutions to new problems created by changes in society, a reduction in the number of decided cases, precedents, could be a problem.

After several years, Johnnie entered private practice and founded a Los Angeles - based law firm where he developed a practice handling a substantial volume of both civil and criminal cases.

The doctrine of collateral estoppel may apply when a criminal conviction is based on facts identical to the facts on which a civil case is based.

Unlike criminal cases, personal injury cases are civil lawsuits based on «torts» or social wrongs in which a person or business entity is found to have acted below the standard of care for a specific situation.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

After several years, he entered private practice and founded a Los Angeles - based law firm where he developed a practice handling a substantial volume of both civil and criminal cases.

Civil cases of all types are based on torts and damages.

Co-Author «Race - Based Peremptory Challenges of Civil Jurors Held Unconstitutional» Lectured on the collapse of the Kansas City Hyatt Hotel Skywalk Doctrine of Comparative Negligence in Admiralty Cases — NC Association of Defense Counsel The Defense of Mass Catastrophe Litigation to Excess / Surplus Lines Association

While this case was decided in the context of Quebec civil law, it was largely decided based on fundamental common - law contract principles and has since been adopted in the remaining common - law provinces of Canada.

Based in Sacramento, Tarasenko Law Office works with more than 100 clients and handles civil litigation, primarily personal injury cases.

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex - based wage discrimination; the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older; Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments; Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

It's often in a victim's best interest to explore civil injury case options, since restitution orders often only take into account actual damages and often do not calculate payouts based on intangible losses, such as pain and suffering and mental anguish.

Matrimonial matters, civil files, and other types of litigation may be structured on an hourly rate, contingency basis, or block fee, depending on the nature of the case.

A prevailing alter ego defendant was awarded $ 134,469.36 out of a requested $ 353,047.50 in attorney's fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim in a multi-phased trial.

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

We handle civil defense and business law cases on a retainer or hourly fee basis.

In many cases, a successful civil litigation matter is decided based on thorough research and careful investigation.

These cases have exposed and challenged critical legal and evidentiary practices, including undercover police surveillance of civil rights organizations, the exclusion of prospective jurors based on previous political activities, the use of post-arrest psychiatric examinations by prosecutors when seeking the death penalty, and the exclusion of evidence of third party guilt by courts in capital cases.