Sentences with phrase «civil suit under»

Instead, according to the Colorado Supreme Court, criminal defendants seeking a return of funds paid in conjunction with a later - vacated conviction must bring a separate civil suit under a Colorado statute — the Exoneration Act — in which, among other burdens, plaintiffs apparently have to prove their actual innocence by clear and convincing evidence in order to recover.

Victims who accept a settlement from the Archdiocese surrender their right to file a civil suit under the program's rules.

Not exact matches

Previously, Flood worked under President George W. Bush as head of the White House Counsel's Office, and represented Vice President Dick Cheney in a civil suit.

The president lies publicly and then under oath in the course of a civil suit.

They include the «chilling effects» of libel suits, the perennial conflicts between property and access, the three out of four publishers who intervene in news decisions affecting their local markets, the advertisers» freedom to move their money to where their interests are, industry self - regulation in broadcasting and advertising, the backlash against conveying under duress (as in a hostage crisis) points of view that are never aired as directly without duress, the flareups of book banning and censorship of textbooks, the rout of the civil rights movement, the retreat from principles of fairness and equality (even where never implemented), the attack on scientific and humane teaching, the threat of self - appointed media watchdogs to also spy on teachers in the classroom, and the general vigor of ancient orthodoxies masquarading as neo-this and neo-that.

The measure, first introduced years ago by Margaret Markey, a New York State Assembly Democrat, would extend the statute of limitations for civil suits against alleged sexual abusers of children and against institutions that fail to act against such abuse under their roofs.

In addition to lifting time limits for child victims to file civil suits against their alleged abusers, and against institutions that failed to act against abuse under their roofs, the current bill would provide a one - year window during which past victims who have already exceeded the statute of limitations could go to court.

Share this story Leave a comment What others are reading Special Prosecutor's Bill finally passed Police blame Kasoa violent attacks on under - staffing Cedi at 8 - month low as corporate dollar demand surges Special Prosecutor, staff to enjoy immunity from civil suit Source: myjoyonline.com

A San Francisco attorney has settled his civil law suit against MeetMe, regarding the safety of users under the age 18.

The issue arises fairly often for school administrators and other government officials sued under the federal Civil Rights Act of 1871, a Reconstruction - era law that is frequently the basis for suits alleging that government officials have deprived someone of...

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.

And even if this isn't prosecuted under criminal charges, it's still a heck of a cause of action for a civil suit.

(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.)

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.

Despite the fact that section 97 of the Employment Standards Act (ESA) specifies that an employee who files a complaint with the MOL for unpaid termination and severance pay under the ESA can not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same matter, 236 of the class members who had filed a complaint under the ESA had joined the class action suit.

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.

What rules exist to govern whether and under what circumstances this material could be released to the other party as part of the civil suit?

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.

The Supreme Court analyzed the issues in Altman and determined that although the Chapter 558 process did qualify as a «civil proceeding» under the policy, it did qualify as a form of «alternative dispute resolution» and therefore met the definition of a «suit» under the policy.

The California statute of limitations regarding personal injury cases can be found under California Code of Civil Procedure, Section 335.1, and allows you two years from the date of the accident to file suit against those responsible for your injuries.

Under this act, any claim of medical malpractice must be screened by a «medical review panel» before a civil suit can be filed in court.

Public entities seeking to recover fees and costs under Code of Civil Procedure section 1038 — a fee - shifting section allowing such entities to recoup fees and costs if they can demonstrate a suit was brought in bad faith or without reasonable cause — should take extra care to review the next decision.

Under this doctrine, the onus is on the convicted party, or the non-offending defendant in the civil suit who seeks to challenge the wrongdoing that the conviction represents, to prove that re-litigation would prevent a potential miscarriage of justice.

Under the old evidentiary system, therefore, when a Texas driver or passenger involved in an accident had failed to buckle up, he or she faced the anomalous situation of being subject to a criminal sanction for that omission while facing no adverse consequences for it in a civil suit arising from the same events.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

[that wouldn't be allowed in under normal circumstances] and the very fact that deposed officers in a major civil case * where their own assets were on the line as the insurance for wrongful conviction suits dropped them * were allowed to step one foot on that property?

Section 164.512 (e) addresses when a covered entity is permitted to disclose protected health information in response to requests for protected health information that are made in the course of judicial and administrative proceedings — for example, when a non-party health care provider receives a subpoena (under Federal Rule of Civil Procedure Rule 45 or similar provision) for medical records from a party to a law suit.

The prospect of class actions is an unpleasant reality for companies considering whether or not to «go in» to the Bureau under its immunity or leniency programs, given that neither program provides any safe harbour from potential civil suits.

We also have significant experience in administrative and other regulatory litigation, including agency rule challenges, regulatory investigations under state and federal false claims acts and unfair trade practice statutes, and defending clients in related individual and class action civil suits.