Sentences with phrase «civil liability based»

Establishing Civil Liability Based on Prescription Drug Use Those who have been injured in an accident where the other driver was under the influence of prescription drugs may be entitled to monetary damages to help compensate them for their injuries and losses.

Such breach is civil fraud and instantly gives rise to civil liability based on the powerful remedy of «whatever makes it right».

Not exact matches

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.

How can a Facebook comment form the basis to construct criminal or civil liability», he asked.

You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

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.

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.

Therefore, the Act is much broader than just advocating gender pay equity, instead, the Act expands equal pay on the basis of membership in the protected class which includes, among others, race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces.

Ms. Luther represented a commercial lender in an action brought by a managing member of a limited liability company who alleged that the lender violated the Unruh Civil Rights Act by declining to make a loan to managing member's limited liability company based on managing member's prior felony convictions.

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.

Sayuri is an associate in WSHB's Orange County office, where her broad - based practice is focused on a variety of civil litigation matters, including professional liability, construction, elder and dependent abuse matters, and catastrophic injury.

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.

Clearly such a practice is inconsistent with the Minister's duty of justice — though it would not be inconsistent with the practice of a private lawyers bringing a civil suit, who will typically set out every possible (non-frivolous) basis for liability they can think of.

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.»

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 liability.

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.

A civil lawsuit for child injury based on products liability can help parents recoup some of their hospital expenses.

[7] The Code is not designed or intended as a basis for civil or criminal liability.

Given that the improper operation of a promotional contest can lead to civil and / or criminal liability under the Competition Act, Criminal Code, based on a contractual (i.e., common law) challenge or failure to comply with Quebec's legal requirements, it is important to review draft contest materials for legal compliance.

Furthermore, the Code is not designed or intended as a basis for civil liability or criminal prosecution.

The Center for Justice & Democracy at New York Law School describes the American Tort Reform Association (which is affiliated to the Foundation) this way: «The American Tort Reform Association (ATRA) is a Washington - DC - based group that was formed in 1986 to represent hundreds of U.S. and foreign corporations in their bid to overhaul civil liability laws at the state and national levels....

Article 3.1 provides: «Each Member State shall... take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by insurance.

Dean is a Winnipeg - based lawyer and partner with Fillmore Riley LLP who practises primarily in the areas of general civil and commercial litigation and insurance law, covering such areas as general insurance defence matters, commercial liability insurance, professional errors and omissions, subrogation and policy interpretation.

Lawyers sometimes base the asking prices of plaintiffs in civil liability cases on the defendants» ability to pay.

Based in Annapolis, Maryland, our law practice primarily focuses on professional liability litigation, product liability litigation, environmental litigation and all aspects of civil and criminal defense litigation, and many more.

«A Board rule requiring that Board Members attend, on at least a biennial basis, a continuing education program comprised of not more than six (6) cumulative hours of instruction with respect to Board or Member practices that might result in a significant legal vulnerability and possible liability to the Board and its Members, such as violations of anti-trust laws, agency laws, civil rights laws, the Code of Ethics of the National Association, or other similar public policies is not an inequitable limitation upon membership.»