Sentences with phrase «claims asserted under»

While claims asserted under the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Equal Pay Act (EPA) typically do not permit emotional distress damages and limit punitive damages (also known as «liquidated damages») to the amount of the back pay award, they carry a two (2)- year limitations period which can be extended to three (3) years in the case of a willful violation.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

We also defend title insurance underwriters in consumer class actions, and serve as national counsel for a major title insurance underwriter defending claims asserted under closing protection letters.

And former Kozinski law clerk Circuit Judge Sandra S. Ikuta issued an opinion concurring in part (and by implication dissenting in part) in which she makes clear that, in her view, the Communications Decency Act should protect the web site from all claims asserted under the Fair Housing Act that are based on information supplied by the web site's users.

Not exact matches

No taxing authority is asserting or threatening to assert a claim against the Company under or as a result of Section 482 of the Code or any similar provision of any foreign, state or local Tax law.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

Plan sponsors using our Fiduciary Investment Services can expect protection from liability arising from third - party claims asserting a failure to exercise the appropriate standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.

Chapter 4 makes the modest claim that Solomon «was wiser than all other men» (v. 31) It asserts in v. 20 that under Solomon «Judah and Israel were as many as the sand by the sea: they ate and drank and were happy.»

Disposition: Canadian Epicurean Foods refused to settle trademark infringement of our SMOKEY CHIPOTLE trademark as of August 15, 2005 asserting that no claim could be made under Canadian trademark law, however, after admitting in the same conversation that Epicurean Foods sold products to U.S. consumers via the internet and regularly exhibited at the annual International Fancy Food & Confection Show in New York City sampling their product line (in the USA) to procure sales.

Based on an initial study of cranial morphology it was asserted that Kennewick Man was neither Native American nor closely related to the claimant Plateau tribes of the Pacific Northwest, who claimed ancestral relationship and requested repatriation under the Native American Graves Protection and Repatriation Act (NAGPRA).

They do so today for countless purposes, typically to claim a right to free and edgy speech on T - shirts or banners under the First Amendment, to assert rights to education of the handicapped under the federal Individuals with Disabilities Education Act, and to ask for more school spending under state constitutional provisions that are said to guarantee an equitable or an adequate education.

If at the time information or documents are furnished by a Settling Defendant to the United States, the Settling Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure, and the Settling Defendant marks each pertinent page of such material, «Subject to claim of protection under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceeding.

Additionally, «we» or «us» shall mean any third party providing benefits, services, or products in connection with the Account (including but not limited to credit reporting agencies, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.

With respect to a consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee.

Rights of the buyer under this section can only be asserted as a matter of defense to or setoff against a claim by the assignee.

The holder of software patents for lip - sync animation technology urged the Federal Circuit on Wednesday to not rehear its September decision that found the asserted claims patent - eligible under Alice, arguing that Electronic Arts and other gaming companies are trying to gin up a...

Pop Art, Minimalism and the myriad tendencies grouped under the term postmodernism asserted their claims after the heady days of Abstract Expressionism.

Client manufacturer found not liable to the plaintiff who asserted claims under Massachusetts franchise law.

Solicitors for the Council wrote to the GMB and UNISON unions notifying them that should the claimants succeed in their group claim under the Equal Pay Act 1970 and the Sex Discrimination Act 1975 (SDA 1975) then the Council would seek a contribution under CLIA 1978, which the Council asserted the tribunal had jurisdiction to determine.

In this groundbreaking case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal malpractice suit against the attorney and his law firm because the underlying product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).

The plaintiffs could not assert a claim under the CPA because their complaint failed to state that they had sent demand letters to the defendants, a requirement of the CPA.

They asserted that their claim had priority over the DIP lenders because the unfunded pension liabilities created a statutory deemed trust under the PBA; and

Such rights must be asserted within the time allotted under the law, however, so it is important to contact a wage law lawyer who is familiar with the applicable statutes and regulations and can help investigate your case and file a formal claim with the appropriate court or agency.

No subsequent notice of lien may be given for the same claim nor may that claim be asserted in any proceedings under the Illinois Business Brokers Act of 1995.

If your employee has a fall at home, on property over which you have no control and perhaps no knowledge, they are likely going to be able to assert a claim under the Workplace Safety and Insurance Act.

Furthermore, Ryans expressly states that the CBA is not the source of any claim asserted herein and expressly disclaims any potential remedy or cause of action that could be brought under the CBA for the injury and / or occurrence in question.»

37.3 (1) This section applies to a claim for medical or rehabilitation benefits under section 37.1 or 37.2 in respect of an impairment that is asserted by the insurer to come within a Pre-approved Framework Guideline if the insurer gives the insured person a notice informing the insured person that the insurer will pay for the goods and services described in the Pre-approved Framework Guideline without the submission of a treatment confirmation form under either of those sections.

The driver's circumstances were similar to a case previously decided by the Supreme Court, in which an employee had asserted claims under the Conscientious Employee Protection Act.

Specifically, the Court found that under the controlling law in the Second Department, the negligence claims asserted accrued when the allegedly inadequate umbrella policy was procured and issued.

The Moroccan Prison Administration (DGAPR), which oversees prisons in the territory, contested this claim and asserted that prisoners in Western Sahara and Sahrawi prisoners in Morocco received the same treatment as all other prisoners under DGAPR authority.

(3) A proceeding in the Small Claims Court shall not be required under subclause (1)(e)(ii) to be asserted by way of counterclaim in a proceeding in the Superior Court of Justice without the consent of the plaintiff in the proceeding in the Small Claims Court.

The United States Court of Appeals held that Judge Castel in the SDNY had properly dismissed claims of a breach of fiduciary duty under ERISA asserted against Morgan Stanley Investment Management by the Pension Benefit Guaranty...

Any employee who feels he or she has been discriminated against because of a work injury or because he or she asserted a claim for benefits under the Workers» Compensation Act must file a Petition to Remedy Discrimination and / or Petition for Reinstatement with the Workers» Compensation Board.

Successfully defeated putative class actions asserting claims under the Truth in Lending Act and state contract law regarding repricing of credit card debt

Successfully represented national banks in appeal asserting putative class - action claims under the National Bank Act related to credit card late and overlimit fees

In contrast, the interpretation urged upon us by the appellant would result in the parties being effectively treated as legal strangers under the legislation and would force them to assert their economic claims through more limited and less predictable means, such as trust claims.

[47] Either an owner or a lessee of property, other than a lessee of residential property under a lease having a term of less than one year, may assert a claim based on injurious affection...

Our own view is that the Court may well provide clarification as to the meaning of the word «asserted» found in s. 28 (1) of the CPA; the Court may, for example, hold that the launching of a leave motion under s. 138.3 of the OSA should suffice to suspend the applicable limitation period, since that step is akin to «asserting» a claim within the meaning of s. 28 (1) of the CPA.

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

Timminco concerned a proposed class action in which the plaintiff sought to assert a claim for secondary market misrepresentation pursuant to section 138.3 of the Ontario Securities Act, R.S.O. 1990, c. S. 5 (the «OSA»), for which leave of the court is required under s. 138.8 (1).

Constitutionalism, for instance, means that the province can not prevent litigants from asserting constitutional claims (the very issue decided in Amax Potash and Air Canada), which the hearing fees will do in some cases, or for that matter from asserting their claims under federal law, which they will do in others.

The key question was whether an adjudication respondent can assert a claim or set - off under a construction contract other than the contract under which the claimant seeks payment.

The wife's request was dismissed, but the court clarified that she could be added to the civil action if she wished, for the purpose of asserting any dependent's relief claim under the Family Law Act.

In Massachusetts, product liability actions typically assert claims of both negligence and breach of warranty and normally contain a count under chapter 93A, Massachusetts's consumer protection statute

The limitation period shall cease to run when the creditor performs any act which, under the law of the court where the proceedings are instituted, is recognized as commencing judicial proceedings against the debtor or as asserting his claim in such proceedings already instituted against the debtor, for the purpose of obtaining satisfaction or recognition of his claim.

Retaliation is unlawful in California, and in this case, Vandermeyden could make the claim that she was fired for asserting her employee rights under California law.

Learned senior counsel submits that though the learned arbitrator has placed reliance on proceedings under Section 9 filed in this Court, he has however ignored the crucial and material piece of evidence which was on record of that proceeding i.e the uncontested statement of Mr Ajith Menon on oath that is paragraph 4 of his affidavit dated 23/7/09 asserting that Mr Prasantha Dissanayake had telephonically confirmed in July 2009 that the claimants were pressurizing him to execute a letter falsely claiming that he had not executed the agreement dated 1/6/07.

The panel discussed and evaluated current practical considerations in asserting and defending cybersquatting claims, trademark considerations in light of Uniform Domain Name Dispute Resolution Policy («UDRP») decisions, litigation concerns under the Anti-Cybersquatting Consumer Protection Act («ACPA») 1999 amendment to the Lanham Act, and related enforcement and defense approaches, as well as counseling strategies for assisting clients that are operating and staking claims online., Moderator, Trademarks, Domain Names & Cybersquatting, NY State Bar Association, IP Section Trademark Committee, 2016