Sentences with phrase «civil tort under»

A private nuisance, however, is a civil tort under which the plaintiff can sue for damages or injunction if the public nuisance substantially interferes with the use of an individual's adjoining land.

Not exact matches

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.»

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

According to the most recent National Center for State Courts (NCSC) data, in 2012 medical malpractice case filings represented well under 1 percent of all incoming civil cases and less than 7 percent of incoming tort cases in the courts of 8 states reporting.

Tom has experience across a wide range of commercial cases, including disputes regarding contractual construction, duties under contracts and in tort, issues of quantum and substantial banking & finance and civil fraud claims.

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.

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

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 rigtort 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 rigTort 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.

Recent examples include defending against a civil RICO claim, allegations of discriminatory lending practices under the Fair Housing Act and Equal Credit Opportunity Act, breach of fiduciary duty claims, and insurance coverage claims, as well as prosecuting a breach of construction contract claim and various tort and contract claims related to a real estate dispute.

Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law «tort» of harassment.

Snyder's father sued the Church and Phelps under five tort law claims: defamation, publicity given to private life, intentional infliction of emotional distress, intrusion upon seclusion, and civil conspiracy.

During his clerkship, Mr. MacDonald drafted numerous opinions in civil cases on complex legal issues, including claims against state sponsors of terrorism brought under the Foreign Sovereign Immunities Act and claims against the United States brought under the Federal Tort Claims Act.

Since Ghana repealed the Criminal Libel Law (July, 2001), libel cases in Ghana will now come under the aegis of civil torts action.

Compensation is available regardless of the fault of the deceased under the SABS and a civil tort claim under the Family Law Act («FLA») may be commenced as against an at - fault or negligent party that caused the death.

Louisiana's tort laws vary because the state was historically under the French, or Roman Civil Law system.

The appeal deals with whether a U.S. court has jurisdiction under the Alien Tort Statute to award civil damages for human rights abuses committed by Lt. Pedro Barrientos, a former member of General Augusto Pinochet's dictatorship, against deceased folk musician and political activist Victor Jara nearly 45 years ago in Chile.

Similarly, in state court Mr. del Russo has defended clients against claims brought under the Florida Civil Rights Act, the Florida Whistleblower act, the workers compensation retaliation statute, and related retaliation and tort law claims.

In private civil actions under the Competition Act, «economic torts» are commonly plead together with allegations of breaches of the Competition Act.

Under the California Tort Claims Act, government bodies are generally immune from civil lawsuits.

Tenant must have felt pretty good after winning $ 49,500 in attorney's fees under Civil Code section 1717 after Landlords voluntarily dismissed with prejudice a mixed contract / tort case after Tenant filed a summary judgment claiming that he was not a party to a leasing agreement and that his signature was forged on the document.