Sentences with phrase «civil proceedings before»

Not exact matches

Before that, state employees could avoid the civil proceedings by resigning or retiring.

The Office of the Oneida County Public Defender - Civil Division shall represent without charge any indigent individual entitled to and who is financially unable to obtain counsel in certain proceedings before the Oneida County Family Court and the Oneida County Surrogate's Court.

After obtaining the required license, and paying the civil penalty prescribed by this subsection, the creditor may bring and maintain proceedings in the courts of this state on consumer credit transaction contracts, and the enforceability of the contracts shall not be impaired by the prior failure to obtain a license, irrespective of whether the consumer credit transaction contracts were made before or after the license was obtained.

Indeed, the Illinois Supreme Court overlooked the clear substantive canonical violations for which the Church disciplined Dionisije, violations based on Dionisije's conceded open defiance and rebellion against the church hierarchy immediately after the Holy Assembly's decision to suspend him (a decision which even the Illinois courts deemed to be proper) and Dionisije's decision to litigate the Mother Church's authority in the civil courts rather than participate in the disciplinary proceedings before the Holy Synod and the Holy Assembly.

This application will then almost certainly be processed before a solicitor is ready to issue court proceedings in a civil claim.

Nowadays it may be required in civil, family and criminal proceedings, as well as in arbitrations, before specialist tribunals, and for public or parliamentary inquiries.

These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

This is not the same as the requirement for service of the order before any committal proceedings in the civil court.

We advise both complainants and defendants, which regularly involves proceedings before the European Commission and national competition authorities and courts, as well as in civil conduct investigations before the US antitrust authorities and courts.

Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies

We help clients in gaining approvals for transactions, domestic and international investigations, regulatory enforcement proceedings and civil and criminal litigation, authorizations and arbitration arising from breaches of applicable legal, regulatory, antitrust and compliance requirements and investigations before all financial regulatory agencies.

Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circuit.

In the development of the standard, the difficulty arose in applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courts.

Two sets of proceedings before the court concerned the new unified contract, introduced on 1 April 2007, for the provision of publicly funded civil legal aid work.

Our lawyers spend a significant amount of time in labor and employment litigation, which includes the defense of employment discrimination and wrongful discharge cases in federal and state courts, arbitration proceedings, the defense of individual employment contract actions, and proceedings before various state and federal administrative agencies, including the National Labor Relations Board, United States, New Jersey, and Pennsylvania Departments of Labor, Equal Employment Opportunity Commission, New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission, and OSHA.

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

After that the court still has the power (and duty: FPR 2010 r 1.4 (2)(e)-RRB- to control the calling of evidence by deciding whether or not to give permission; and in so doing the case management judge must decide whether the evidence is «reasonably required» to resolve issues before the court (civil proceedings generally: CPR 1998 r 35.1), or in the case of family proceedings whether it is «necessary to resolve the proceedings» (Children and Families Act 2014, s 13 (6)(children proceedings); FPR 2010 r 25.4 (3)(other family proceedings)-RRB-.

He rejected Reliance's argument that a Notice of Application in a proceeding before the Competition Tribunal should be more fulsome in its level of detail than pleadings in other civil matters simply because of the complexity of the economic facts in such proceedings.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

In England and Wales the Civil Procedure Rules require a formal letter of claim be sent before proceedings for breach are issued.

But while we concentrate on considering how the criminal courts receive evidence and deal with it in considering fairness, and where criminal proceedings have concluded before civil proceedings, there are also further and particular issues for the civil courts.

Bowden is relevant not only to civil claims arising from abuse many years ago but also to other personal injury cases where the defendant's alleged tort relates to circumstances long before proceedings were issued, such as occupational illness claims.

That power belongs to the Attorney General of Ontario (the AG), which is statutorily authorized under the Civil Remedies Act, 2001 (the Act) to commence proceedings before the Ontario Superior Court for an order requiring a wrongdoer to forfeit property in Ontario to the Crown in right of Ontario where the court finds that the property is the «proceeds of unlawful activity».

A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:

I also understand that judges assigned to the Provincial Court (Civil Division) before September 1, 1990 were able to hear Small Claims Court proceedings, although they have all retired by now.

Practice Highlights His practice includes representing physicians and medical clinics in negotiating employment contracts, partnership contracts, joint venture contracts and establishment of medical corporations; representation of physicians and medical clinics in the purchase and sale of medical practices; representation of physicians, dentists, pharmacists, medical clinics, surgical centers, hospitals, clinical laboratories and nursing homes before the Illinois Department of Professional Regulation, Illinois Department of Public Aid, Illinois Department of Public Health and Federal Department of Health and Human Services in administrative license and recoupment hearings; representation of brokers and salesman before the Office of Banks and Real Estate; representation of physicians and other health care providers at internal hospital hearings involving termination or discipline of hospital privileges; representation of physicians in hearings before managed care providers to terminate the physician as a provider; representation of health care providers in criminal proceedings in federal or state court on charges related to Medicare and Medicaid vendor fraud and false claims; general and civil litigation related to medical care providers; and domestic relations.

When a company under investigation is also involved in ongoing civil proceedings (before a court or an arbitral tribunal) that relate to the conduct under investigation, a party or the government may seek to stay those proceedings pending the outcome of the investigation.

He also represents securities issuers in matters before the SEC, advises companies conducting internal investigations and represents companies in the coordinated defense of parallel government and private party civil proceedings.

The main thing to note is that the parties involved must have been in a Civil Partnership for at least 12 months before proceedings are able to commence.

EU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) applicable to judgments given in legal proceedings instituted before 10 January 2015.

Where a company subject to investigation is also involved in ongoing civil proceedings (before the courts or an arbitral tribunal) that relate to the conduct under investigation, the parties may seek to stay those proceedings pending the outcome of the investigation.

If both civil and criminal proceedings are before the same court, then a judge in either proceeding can hear the motion for directions.

The Court Rules for civil claims, known as the Civil Procedure Rules (CPR) also make it very clear that the court either expects or requires a clear pre-action letter of claim to have been sent before a Claimant starts proceedcivil claims, known as the Civil Procedure Rules (CPR) also make it very clear that the court either expects or requires a clear pre-action letter of claim to have been sent before a Claimant starts proceedCivil Procedure Rules (CPR) also make it very clear that the court either expects or requires a clear pre-action letter of claim to have been sent before a Claimant starts proceedings.

A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings.

A personal injury case is formalized through civil court proceedings, which seek to find someone legally at fault through a court judgment; however, a more common resolution is an informal settlement before a lawsuit has been filed.

This omission might be explicable on the basis that proceedings before the FTTP are not «civil proceedings» as defined by CEA 1995, s 11.

Students also assist our civil litigators with all kinds of civil litigation files, including court actions, applications, motions and appeals as well as proceedings before a variety of administrative tribunals.

His practice includes both civil litigation and regulatory proceedings, including enforcement proceedings before the Securities and Exchange Commission and the Public Company Accounting Oversight Board.

She is experienced in successfully resolving disputes in both state and federal courts and in administrative proceedings before the EEOC and Michigan Department of Civil Rights.

This statement of Sullivan J was made by him in the judgment five paragraphs before he stated explicitly that one should not confuse and read across the provisions of POCA 2002 relating to civil recovery proceedings with those provisions that relate to summary proceedings for cash forfeiture and detention.

The issue before the Court of Appeal in Phillips was whether the English court or the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.

He has also worked on two treaty infringement proceedings by the EU Commission against Germany in which Deutsche Bahn worked for the Federal Government, as well as several proceedings before the civil and administrative courts in various jurisdictions for the Deutsche Bahn companies on regulatory and antitrust issues including private enforcement cases.