Sentences with phrase «civil claims based»

While this may add a level of expense and effort for plaintiffs who have been successful in their civil claims based on sexual assault, an avenue for recovery is available through our courts.

Germany asked the ICJ to declare that the «Italian Republic must take... all steps to ensure that in the future Italian courts do not entertain legal actions against Germany» by allowing civil claims based on violations of international humanitarian law by the German Reich during World War II.

Germany has asked the ICJ to declare that the «Italian Republic must take... all steps to ensure that in the future Italian courts do not entertain legal actions against Germany» by allowing civil claims based on violations of international humanitarian law by the German Reich during World War II.

We are experienced in all manner of civil claims based on dishonesty, including those based on misrepresentation or on accessory liability for a breach of fiduciary duty, both at the corporate and individual level; and in the various techniques of asset recovery, including tracing, the imposition of constructive trusts, claims against third parties who have participated in or received proceeds from the fraud and piercing of the corporate veil.

Maybe Loftin can concoct some civil claim based on failure to deliver the promised results, because I can't make out a Kappa or a Sigma anywhere.

Not exact matches

Similarly, any great civil society, and especially one claiming a basis in Christian love, can measure its greatness only by its willingness and ability to care for its least productive members.

Warren said Hill and Ceaser Carbonnel were hired on a temporary basis which she claims was authorized by the executive secretary of the Civil Service Commission.

If a new report truly is a false statement of fact that causes harm to someone's reputation, and if the news reporter has no actual factual basis for the factual claim, the First Amendment does permit the courts to impose both civil and criminal liability for the false statements, with civil suits brought by someone who is harmed and criminal liability enforced by the government.

The American Civil Liberties Union says the federal government is illegally detaining immigrant teens from Suffolk County, N.Y., in «jail - like facilities,» based on unsubstantiated claims that they are members of transnational street gangs.

Actually, that's what many people on the left do claim, and that was the basis for the Obama Administration's 2014 Dear Colleague Letter on the topic, which gave the Office for Civil Rights (and Justice Department) the authority to investigate school districts based on racial disparities in discipline rates alone.

In a 2012 article, «Civil Rights, Charter Schools, and Lessons to Be Learned,» Black suggests that charter schools have succeeded because of their ability to make moral claims, whereas civil rights advocates have tended toward data - based claims in recent years that do not always resonate with local communiCivil Rights, Charter Schools, and Lessons to Be Learned,» Black suggests that charter schools have succeeded because of their ability to make moral claims, whereas civil rights advocates have tended toward data - based claims in recent years that do not always resonate with local communicivil rights advocates have tended toward data - based claims in recent years that do not always resonate with local communities.

In 2010, the American Civil Liberties Union filed a lawsuit which claimed that seniority - based layoffs take a disproportionate toll on poor and minority schools.

«The briefs on the other side took issue with our legal theories, but, as we lay out, the legal underpinnings of our claims are well established, and they are based on the same principals that led to historic civil rights victories,» Boutrous said.

The group is claiming the law violates the 1964 Civil Rights Act which banned discrimination on the basis of race, color, religion, sex and national origin.

MMO games: For some inexplicable reason, some civil servants claim that they play client based MMO's during work hours!

Most importantly, the introduction of fees must also herald a move towards a more civil - based costs system, which takes tribunals even further from the spirit in which they were established, as otherwise a claimant with a genuine claim would in effect be paying to obtain justice.

It is based on a compensation claim raised in civil proceedings by a German citizen who claims to have been injured during a skiing accident by a Czech citizen in the Province of Bolzano.

The optimal outcome for investors is if they have the possibility to bring a claim based on an EU FTIA before an investor ‑ state tribunal and before domestic courts, while the optimal outcome for civil society is if investors can not bring an FTIA claim before any of the two judicial avenues; (ii) problems facing the domestic enforcement of ISDS awards; (iii) the need to keep the investment protection standards in the agreements or not.

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.

If an employer suddenly terminates an employee because he asserts his civil rights, the employee might have a claim of retaliation against his employer, based on the timing of the employer's actions.

These reforms are a giant leap forward for civil sexual assault claims: there is no longer any ambiguity or room for perpetrators to escape liability based on the technicality of an arbitrary time limit.

Discrimination: Irrespective of length of service, an employee may bring a claim for discriminatory dismissal or discrimination based on any one of the nine discriminatory grounds contrary to equality legislation (i.e., gender, civil status, family status, sexual orientation, religion, age, disability, race (including colour, nationality and ethnic or national origin) and membership of the traveller community).

Notwithstanding the liberal «relation back» principles of the Federal Rules of Civil Procedure, and despite the plaintiffs» claim of «fraudulent concealment,» the Appellate Practice Group secured an award of summary judgment in favor of all additional defendants based on the statute of limitations defense.

[1] This procedure is similar to a motion to strike a claim under Rule 21 of the Ontario Rules of Civil Procedure on the basis that it fails to disclose a cause of action.

Our dedicated injury team takes an aggressive and detail - oriented approach to civil claims, working on a contingency - fee basis, meaning if you or your loved ones don't get compensation, we don't get paid.

Issues concerning a claim for damages for breaches of contract governed by UAE law and based on various articles of UAE Civil Code (Civil Transactions Law (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Law.

Liquidators have previously used sections 261 and 266 of the Act to gather evidence as to the basis of a civil claim against a prospective defendant.

Dispute between two leading US based management consultancies over a team move in Dubai (UAE): High Court claim in England based entirely on UAE law, including alleged breaches of contract (governed by UAE law) article 64 of the Commercial Transactions Code, articles 120 and 127 of the UAE Labor Law, articles 246 and 282 of the Civil Transactions code.

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.

It appears that the accident was being thoroughly investigated by the local sheriff's office and the results of that investigation will form the basis for the civil claims, which may emerge from this tragic, and seemingly avoidable accident.

Most civil claims have a benchmark of liability that requires proof based on a «preponderance of evidence», as opposed to guilt «beyond a reasonable doubt.»

Our employment law lawyers professionalism and broad - based experience in business negotiation, civil litigation and the mediation, arbitration and litigation of employment law claims enables us to serve our clients efficiently and in a cost - effective manner.

(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or

After well over nine months, enough has been said and written about the Jackson reforms but little if any attention has been given to what now seems to be a clear picture of the driving force behind these changes: civil justice for personal injury claimants is to be rationed, based upon the simple value of the claim rather than its substantive merits.

Tort Claim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabiClaim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabiclaim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liability.

So - called «general» or «non-economic» damages in civil claims where someone is killed are awarded based upon California Civil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.&rcivil claims where someone is killed are awarded based upon California Civil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.&rCivil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.»

(b) A lawyer may reveal informa tion relating to the representation of a client to the extent the lawyer reasonably believes necessary: (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;

When you are hurt in a crime in Florida, you may have a claim based upon Florida civil law which covers the damages that you have suffered as a result of the crime.

Stokes Carmichael & Ernst LLP is an Atlanta - based general civil litigation firm with experience in business law, creditor rights and collection, employment and labor law, business litigation, securities arbitration and financial services litigation, personal injury claim, franchise law and technology law.

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.

Advising various U.S. - listed companies based in the United States, Japan and China in civil suits, including securities litigation, bankruptcy and breach of contract claims

However, because the WSIA limits employees» right to sue for injuries that are compensated by WSIB benefits, it is possible that employers may be able to defend certain civil actions by employees who allege harassment and chronic mental stress in the workplace on the basis that the employee may not bring a civil action related to those allegations, as the proper venue for compensation related to those claims is the WSIB.

Conversely, in civil court, we are only required to prove your claim based on a preponderance of the evidence.

If the wrongful death claim is based on medical malpractice, then pursuant to California Code of Civil Procedure § 340.5, a party has:

Based on this finding in an administrative hearing, where there is no civil discovery, the impetus to put on witnesses and gather evidence is different, and, among many other differences, the legal standard is different, the Court of Appeals held that the employees» civil claims were barred.

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claim.

Attorneys Aivar Pilv and Anneli Aab from Leadell Pilv in Estonia have successfully defended clients Karl and Kaarel Liivapuu in Harju County Court against a civil claim for damages of over EUR 127,000 based on allegations that they improperly influenced «a member of management board... to perform a transaction harmful for the company by selling an apartment under its market value.»

Before 1 July 1940 the statutory provisions which corresponded to LA 1980, s 5, ie claims based upon simple contract, were contained in the Limitation Act 1623 — which introduced the six - year time limit — and the Civil Procedure Act 1833, s 3.

Instead, they will be limited to a payment based on an as yet undecided amount, somewhere between state benefits and the average amount of a civil claim.

It will be recalled that Sir Rupert Jackson's recent investigation into civil litigation costs included a detailed evidence based examination into personal injury claims.