Sentences with phrase «civil remedies»

Should any harm done to an allergic person be a matter of civil remedy rather than prohibition?
While this is true, there are also civil remedies which can be pursued if you are injured due to an assault or battery.
This decision was notably decided under a very particular statutory regime, and a rather unique civil remedy that was ultimately rejected.
However, a different analysis should apply to historic contamination in the context of civil remedies, the enduring common law struggle to reconcile competing interests and principles.
The Court noted that refusal to comply by occupiers would likely result in civil remedies for contempt of court.
Here's a writeup on the English Protection from Harassment Act 1997 — which provides civil remedies including injunctions for harassment.
Attorneys with experience in this area could pursue civil remedies on behalf of workers who have been discriminated against or harassed because of their race, age, gender, religion or ethnicity, and they may encourage employers to settle these matters quickly to avoid protracted litigation that could damage their reputations.
Lastly, it contended that any action based on customary international law should be quashed, over the assertion that no right to civil remedies in Canada for torture if an incident occurs in a foreign country.
Represented a regional construction firm and its owner in a five - year federal grand jury investigation of minority business enterprise fraud, persuading federal prosecutors not to pursue criminal charges or seek civil remedies against the firm or any of its employees.
In it, the organization makes 35 recommendations dealing with areas such as bill C - 13, the protecting Canadians from online crime act, as well as civil remedies such as the creation of a new cyber-bullying tort in British Columbia.
Such activity, if unlawful under statute, may also give rise to statutory civil remedies for the victim, including a statutory civil cause of action or grounds for injunctive relief to be granted by the courts.
There are also civil remedies under RICO available to any person injured by a RICO defendant, which include treble damages sustained by the injured party and the cost of the lawsuit, including reasonable attorneys» fees.
The language for this is essentially drawn from Criminal Code offence of distributing an intimate image without consent, but this bill provides civil remedies including an order for removal.
This section does not, however, expressly support investigation of a registrant for «unsatisfactory conduct», or for any violation of the law generally, or for any conduct that giving rise to civil remedies such as negligence or overbilling.
The Kentucky General Assembly did not intend for KRS 446.070 to embrace the whole of federal laws and the laws of other states and thereby confer a private civil remedy for such a vast array of violations.
Part three covers enforcement powers of public enforcers and new civil remedies which can be imposed by a public enforcer on a business.
I. Accessible civil remedies for negligence and breach of other duties owed, and 16 disciplinary sanctions for misconduct, and advancement of appropriate preventive or wellness programs.
in June of 2008 provided for a much - awaited civil remedy for human rights claims.
Section 1278.5, coupled with the Supreme Court's holding in Fahlen, undoubtedly assists in promoting that policy for protecting patients and consumers across the state by enhancing protections for healthcare whistleblowers, who now have an immediate civil remedy without the delay of administrative exhaustion.
DPA 1998 provides civil remedies too, but these are not in popular use, despite the ground - breaking decision in favour of Naomi Campbell.
The Report also notes how civil remedies for cyberbullying may not easily be accessible to victims of cyberbullying with limited resources — a sad irony for a remedy given that economic vulnerability probably co-exists with social vulnerability where the illness of cyberbullying also thrives.
No doubt the lack of a ready civil remedy reinforced his case.
The UK authorised criminal prosecutions for torture in the Criminal Justice Act 1988 but has failed to provide a universal civil remedy.
As a result, Congress» statute provides strong civil remedies but no right to suppression of evidence unlawfully obtained.
Thankfully, workers» access to civil remedies when their tips are stolen means greedy food industry bosses may be less apt to go for seconds.
The Supreme Court disagreed, holding that when a plaintiff sues under Section 1278.5 and claims that his or her staff privileges have been terminated in retaliation for reporting patient safety concerns, that plaintiff can pursue civil remedies immediately without first obtaining a mandamus judgment in his or her favor to overturn the hospital's administrative decision.
The starting point is the Criminal Code which provides that «[n] o civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence».
After completing this interactive workshop, participants will be able to identify some of the unique issues confronted by victims of non-intimate partner sexual assault, and better understand what advocates, lawyers, and other responders can do to access civil remedies to promote victim healing and recovery.
(a) develop a principled framework for a breach notification scheme that could be used in all jurisdictions, together with an examination of related civil remedies and processes; and
Such activity, if unlawful under statute, may provide the victim with statutory civil remedies, including a statutory civil cause of action or grounds for injunctive relief.
«It should also be noted that investors may also have civil remedies against persons or companies that fail to comply with securities laws, including a right to withdraw from the transaction and / or damages for losses on the grounds that such transactions were conducted in breach of securities laws.»
Jeff Dion, director of the National Crime Victim Bar Association, explained the importance of civil remedies for crime victims in a Slate article:
The CAD as transposed into UK law puts enforcement solely in the hands of public authorities without providing any private civil remedies.
To strengthen the barratry statutes, state lawmakers added new civil remedies.
BY SIMRAN BAKSHI, STUDENT - AT - LAW, WISE LAW OFFICE The enactment of section 46.1 of the Ontario Human Rights Code in June of 2008 provided for a much - awaited civil remedy for human rights claims.
This case will act as a strong precedent for fraud - victims seeking civil remedies and provide a process for appealing ex parte orders where stealth is key.
The lawsuit was filed under the state's Civil Remedy for Protection for Animals statute (Chapter 19A), a North Carolina law that allows a private citizen or organization to file suit to stop animal cruelty.
Therefore, the board of education should not file criminal charges against the parent of the child due to the fact that the due process procedure provides a civil remedy enabling it to recover the assessment for tuition.»
If a board of education prevails at the hearing before the State Department of Education, the local or regional board may seek to recover the amount of assessment for tuition through available civil remedies.
(b) In appropriate cases, the Office of Inspector General may pursue criminal or civil remedies against a service agent.
The handler of the service animal incapacitated, injured or killed shall have the right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.
The lawsuit is being filed under the state's Civil Remedy for Protection for Animals statute (Chapter 19A), a law unique to North Carolina that allows a private citizen or organization to file suit to stop animal cruelty.
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