Sentences with phrase «civil claims under»

In addition, he has successfully represented clients in a variety of civil claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Deceptive Trade Practices Act.

Well, soon it could be official as Mark Driscoll, fallen megachurch pastor, found himself named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

A friend contacted me to indicate that «Mr. Driscoll has been named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

Also, one does not appear to have a civil claim under the Act if the misappropriated data remains intact on the originating computer.

Not exact matches

She sued under the Civil Rights Act, but the Supreme Court rejected her claim, narrowly construing the law to limit the opportunity for redress to within six months after «a discrete unlawful practice takes place.»

Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.

«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).»

There is a sweet claim — that the Civil War was a northern ploy to subjugate the East; and that the West, under Chief Obafemi Awolowo, merrily played Judas.

Under the scheme, married couples on basic rate tax pay as well as around 15,000 couples in civil partnerships, would be eligible to claim this tax allowance.

The ruling pointed out that WCHCC claimed Marquez was not qualified for her position under Civil Service rules, yet allowed her to work for over two years as an ultrasonography technician.

Lev Dassin, the acting United States attorney for the southern district of New York, and Tony West, the assistant attorney general for the civil division of the Department of Justice, announced today that Westchester County has agreed to fund the building of 750 units of affordable housing in areas with low racial and ethnic diversity in order to settle a lawsuit brought against it by the United States under the False Claims Act as well as the Housing and Community Development Act.

She's not a typical New Labour career politician as some have claimed but has campaigned for affordable housing and voted against Trident and the erosion of civil liberties under the last Labour government.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distclaims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distClaims Act on negligence claims against school distclaims against school districts.

In papers filed with the U.S. Court of Appeals for the Seventh Circuit, the teachers claimed that the layoff clause in their contract violated their equal - protection and due - process rights under the 14th Amendment and their right to protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.

Proponents claim that civil rights laws apply under this bill, but they fail to explain that many of the private schools that are eligible to take vouchers are exempt from key provisions in civil rights laws.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and / or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 - 3812 and 49 CFR Part 31 and / or; (3) termination for default under any contract resulting from its offer and / or; (4) debarment or suspension.

If at the time information or documents are furnished by a Settling Defendant to the United States, the Settling Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure, and the Settling Defendant marks each pertinent page of such material, «Subject to claim of protection under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceeCivil Procedure, and the Settling Defendant marks each pertinent page of such material, «Subject to claim of protection under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceeCivil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceecivil or administrative proceeding.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

In such cases, defendants can't defend themselves by claiming there was no proof that what they were doing would cause harm, they must be careful if great harm is possible even if unproven under civil law.

And if, as can easily happen, a claim involves both sets of rules (eg constructive trust and Sch 1) nobody knows whether a claim proceeds in the family courts under FPR 2010 or in the civil courts under CPR 1998; and each set of rules has their significant differences (as will be explained in forthcoming articles).

(The suits are referred to as a mass action because they involve multiple suits that raise similar claims, but they don't seek to be certified as a class action under the federal rules of civil procedure.)

As you may recall, in a 5 - 4 decision back in 2007, the Supreme Court ruled that Ledbetter's claim against her employer for paying her less than her male counterparts because of her gender was time barred because her present lower pay arose out of salary decisions made years earlier, well outside of the 180 - day statute of limitations for discriminatory employment practices under Title VII of the Civil Rights Act.

However, he argued that the court should dispose of the case because the plaintiffs failed to exhaust their remedies under the Civil Service Reform Act, which required plaintiffs to first bring their claims to the Office of Special Counsel.

If your workplace rights have been violated, you may have a pregnancy discrimination claim under the provisions of Title VII of the Civil Rights Act of 1964.

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.

The trial judge later granted a JNOV motion in HOA's favor on the nuisance claim, subsequently awarding HOA $ 707,117 as the prevailing party under Civil Code section 5975.

Working under the supervision of an attorney, students in the clinic help clients prepare civil forms in four areas: family law, probate, landlord / tenant and small claims.

The Department filed a verified answer and claimed governmental immunity, alleging she hadn't provided notice of her claim as required under Section 101.101 (a) of the Texas Civil Practice and Remedies Code.

Once that was determined, the rest was easy: a voluntary dismissal of contract claims, if timely, prevents Civil Code section 1717 fee exposure under the Santisas case.

Tim also acts, often for the National Crime Agency, in civil recovery claims under the Proceeds of Crime Act 2002.

Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and claims concerning undue influence.

Defense of construction claims under civil statutes, including Chapter 553.84, Workers» Compensation Immunity Issues under Chapter 440

Our specialist barristers accept instructions for claims and advice under the Civil Partnership Act 2004 and are able to provide expert advice and representation to civil partners in disputes, concerning inheritance, trust planning, property, finance and chilCivil Partnership Act 2004 and are able to provide expert advice and representation to civil partners in disputes, concerning inheritance, trust planning, property, finance and chilcivil partners in disputes, concerning inheritance, trust planning, property, finance and children.

«(A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title;

Tom has experience across a wide range of commercial cases, including disputes regarding contractual construction, duties under contracts and in tort, issues of quantum and substantial banking & finance and civil fraud claims.

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

In our efforts to control escalating claims costs for administrative dismissals (more than $ 10 million in the last four years), LawPRO has circulated repeated warnings and resources about the risk of having a claim dismissed for delay or by reason of abandonment under Rule 48 of the Rules of Civil Procedure.

[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.

During the pilot phase, full - time judges appointed under the Small Claims Court Act were assigned to the Civil Division.

As part of her practice in employment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and defamation.

Which means, a slip and fall victim has to gather witness testimony, video evidence, documentary evidence, and the like, — evidence that can be admitted under Florida's rules of civil procedure — in order to have a valid injury claim under Florida law (even though Florida Statute 768.0755 does not affect any common - law duty of care owed by a person or entity in possession or control of a business premises).

Defended senior managers of a construction company in a civil investigation by the Massachusetts Attorney General's Office under the state False Claims Act.

L. 1 (2002)(examining the procedural advantages to Alien Tort Statute suits against corporations within domestic courts); see Student Author, Civil Procedure — Pleading Requirements — Eleventh Circuit Dismisses Alien Tort Statute Claims against Coca - Cola under Iqbal's Plausibility Pleading Standard, 123 Harv.

His cases have included numerous collective actions under The Fair Labor Standards Act, and claims under Title VII of the Civil Rights Act of 1964, The New York State and City Human Rights Laws, The New York Labor Law, ERISA, and The Family and Medical Leave Act.

She defends race and ethnicity discrimination claims brought under Title 42, Section 1981 of the US Code, as well as all other civil rights claims.

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Under Suzanne Anton's leadership, B.C. enacted a Civil Resolution Tribunal, an online dispute resolution that allows the public to resolve disputes involving strata and many small claims disputes of less than $ 5,000 as of June 1.

Under both Civil Procedure Rule Pt 54 and Reg 47, in Pt 9 of the Regulations, a party must bring its claim «promptly» and in any event within three months.