Sentences with phrase «civil liability under»

Lord Justice Jacob's judgment in Ferguson dispenses with the notion that the scope of civil liability under PHA 1997 is restricted by the existence of parallel criminal liability.

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.

Not exact matches

When the judges ruled that the school officer's actions were protected under qualified immunity, which shields public officials from liability for civil damages, Gorsuch issued a colorful dissent arguing that the student should have been able to sue the officer for using excessive force.

The deterrent effect of the available monetary sanctions under agent liability probably exceeds the deterrent effect of enterprise liability because a civil judgment against an agent hurts his reputation more than does a sanction imposed by the firm in private.

Violators may also be subject to civil or criminal liability under applicable law.

It is prohibited to send any unlawful, threatening, defamatory, indecent, offensive, inciting, pornographic or blasphemous material or any other material that could give rise to liability under civil or criminal law to or from these websites or to publish it on them and UTZ reserves the right to remove any such content without prior warning or notification.

In addition to any possible illegal activities in the US, News Corporation and / or its executives might also face civil and criminal liability under the Foreign Corrupt Practices Act.

Ms Moore argued the phrase «serious failure» is tantamount to deciding civil liability, which is not allowed under the 1984 Coroners» Rules.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

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 districts.

An employee of a school district, a charter school, a lab school, a charter lab school, or the Florida School for the Deaf and the Blind who requests or shares criminal history information under this section is immune from civil or criminal liability for any good faith conduct that occurs during the performance of and within the scope of responsibilities related to the record check.

The lead attorney representing the plaintiffs argued that this rule does not apply in this case because «the exception to this policy is where the officer personally committed a tort: a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.»

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

A facility that provides a dog or cat to a rescue organization under this section is immune from any civil liability that otherwise might result from its actions, provided that the facility is acting in good faith.

Community Cats; Providing that release of a community cat by a community cat program is not abandonment or unlawful release of the cat under specified provisions; providing that counties and municipalities may enact ordinances relating to community cat programs to curtail community cat population growth; providing that a veterinarian or community cat caregiver who provides services or care for cats in a community cat program is immune from criminal and civil liability, etc..

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.

Bill Clinton lied under oath in a federal court proceeding to protect himself from civil liability for sexually harassing a female employee while he was governor of Arkansas.

the isolated nature of the use of Lohan's name was not actionable under New York Civil Rights Law, as imposing such liability would present an «uncalled - for burden and hazard on publishers;» and

Assault and battery are typically criminal charges, but they also fall under tort civil liability.

Even the largest and most influential pharmaceutical and medical product makers are not immune to liability under our civil justice system and must be held accountable for the harm caused.

Rosie explained the state of the current law regarding when a company will be held to «know» about a bribe after the UBS decision, the consequent reach of liability under civil law for bribery, and the potential effect of this decision on contractual certainty.

For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.

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.

But, because the late arriving officer reasonably believed under the circumstances that the citizen had no right to engage in self - defense, because he thought that the early arriving officers had probable cause and had announced themselves, the late arriving officer had no civil liability to the citizens he shot.

or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability, which will be similar to DRT (Debt Recovery Tribunal of INDIA)(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence, Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker & need 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT (C)- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels (D)-- All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 (khan) 18 (2) & (3) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Justice.

Generally speaking, a defense of others defense that justifies a use of force under criminal law will also not give rise to civil liability in a lawsuit for assault and battery as opposed to a criminal prosecution for it.

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.

Typically New Mexico work - related injuries can only be pursued under New Mexico workers compensation laws, rather than general civil liability.

Additional issues of the identity of the alleged data controller and whether there was any civil liability in relation to the alleged breaches (particularly under section 55 (1), which enacts criminal offences).

The applicants complained to the European Court of Human Rights, under Art 1 of the First Protocol to the Convention in conjunction with Art 14, that when one of them died, the survivor would face a significant liability to inheritance tax, which would not be faced by the survivor of a marriage or a civil partnership.

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

The Landgericht München I (Reginal Court, Munich I) addressed no less than ten questions to the CJEU, which mainly related to the interpretation of Article 12 E-Commerce Directive, which exempts ISS providers from civil liability for infringements made via their networks under certain conditions.

The plaintiff will now bring his action to the Supreme Court under civil negligence liability attempting to prove the college was negligent in failing to protect him from the hazing — a «reasonably foreseeable» danger.

Thus, for there to be the equivalent of civil liability in civil law, under § 1457 of the Quebec Civil Code, there has tcivil liability in civil law, under § 1457 of the Quebec Civil Code, there has tcivil law, under § 1457 of the Quebec Civil Code, there has tCivil Code, there has to be:

Allow individuals and organizations, such as hospitals and other public institutions, to apologize for an accident or wrongdoing, without it being used as evidence of liability in a civil legal proceeding under provincial law

Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, interpreting two topics under the New BC Supreme Court Civil Rules, the test of «proportionality» and the circumstances permitting a Court to sever liability (the issue of fault) from quantum (the value of a personal injury claim).

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.

You may face liability in a civil lawsuit if you caused an accident or injuries while you were driving under the influence

If you fell and were injured, your case may come under the category of civil law known as «premises liability.»

* The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown Mexico, S.C., a sociedad civil formed under the laws of the State of Durango, Mexico; Mayer Brown JSM, a Hong Kong partnership and its associated legal practices in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated.

The time frame for filing a premises liability claim in Los Angeles is detailed under California Code of Civil Procedure § 335.1.

This entry was posted on Wednesday, August 17th, 2011 at 7:46 am and is filed under Civil Procedure, ICBC Ankle Injury Cases, ICBC Brain Injury Cases, ICBC Chronic Pain Cases, ICBC Elbow Injury Cases, ICBC Headache Cases, ICBC Knee Injury Cases, ICBC Liability (fault) Cases, ICBC Shoulder Injury Cases, Uncategorized.

Dram shop liability claims fall under civil law, which means that damages resulting from alcohol - related accident claims are expressed in terms of financial compensation.

Mar. 13, 2018)(published), a trial judge sanctioned plaintiffs who brought lender liability claims in a residential property dispute with terminating sanctions and also imposed over $ 25,000 in monetary sanctions (as against plaintiffs and their attorneys) under Code of Civil Procedure section 128.7.

While Lord Nicholls's judgment in Majrowski still provides, perhaps, the best description of conduct amounting to civil harassment the author suggests that the reference, in the last phrase of that quote, to criminal liability under s 2 is simply as a reminder that the impugned conduct must be serious.

We will recall that the Supreme Court of Canada in St - Lawrence Cement v. Barrette, 2008 SCC 64 analyzed and in some ways further developed this scheme of no - fault civil liability in respect of neighbourhood disturbances under Quebec civil law.

Thankfully, two further cases, decided since Conn, have shed some further light on the relationship between civil and criminal liability under PHA 1997.

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.

I. Whether differences among individual class members may be ignored and a class action certified under Federal Rule of Civil Procedure 23 (b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample; and

Accordingly, there is a very strong case to argue that under Community law where a compulsory motor insurance policy is in place, it covers civil liability for any use of the motor vehicle within the territory of the UK, save for the single instance of the «stolen vehicle» exclusion mentioned above.