Sentences with phrase «claims courts require»

Not exact matches

One of the most common reasons a court will toss a non-compete claims is when the employee did not receive consideration; a non-compete agreement is a contract, and contracts require the exchange of consideration in order to be valid.

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigCourt of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigcourt on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

«By requiring more precision in initial pleadings, the bill would allow courts and defendants to better assess the legitimacy of infringement claims,» notes the Internet Association, a group that supports the bill.

By requiring more precision in initial pleadings, the bill would allow courts and defendants to better assess the legitimacy of infringement claims.

While predatory pricing technically remains illegal, it is extremely difficult to win predatory pricing claims because courts now require proof that the alleged predator would be able to raise prices and recoup its losses.405 Revising predatory pricing doctrine to reflect the economics of platform markets, where firms can sink money for years given unlimited investor backing, would require abandoning the recoupment requirement in cases of below - cost pricing by dominant platforms.

Judge Noonan points out that the employee was not required to participate in or even listen to the services; he then recounts the historical record of free exercise claims under the Court's «compelling state interest» standard:

At the time plaintiff filed the motion for default judgment in default of defence, the defendants had not been served with any Statement of Claim as required under the Rules of Court in support of the amended Writ of Summons to which they could respond by way of a statement of defence.

This is because the Court in Miller was not claiming that a well regulated militia is required for gun ownership, but rather that it can be used as a guide as to the appropriate manner and intent of individual gun ownership.

After initially planning to testify in a Manhattan federal court trial in which he's accused of pocketing $ 22,000 in bribes, the Bronx pol changed his playbook on Friday by opting to remain mum, claiming he was wrongfully under the impression that he was required by law to take the witness stand as a defendant.

Class Action Litigation — Vote Passed (220 - 201, 1 Present, 7 Not Voting) The bill would prohibit federal courts from certifying proposed classes of individuals for a class - action lawsuit unless each member of the class has suffered the same type and degree of injury, and it would require quarterly reports by asbestos trusts of claims made against the trusts and any payouts made by the trusts for asbestos - related injuries.

Some prisons officials were said to have issued a medical report to the court claiming that Ngilari was sick and would require medical attention in a Canadian hospital in the United Arab Emirates.

Forced arbitration clauses, which can be included in employee hiring documents, require employees to waive their right to seek settlements for sexual harassment claims in court or through law enforcement.

In a statement, Garner's mother, Gwen Carr, said, «De Blasio should be ashamed of himself» for appealing a court decision requiring him to release a summary of substantiated claims against Pantaleo.

The court held that the contracts upon which Mr Woyome made and received the claim were in contravention of Article 181 (5) of the 1992 Constitution of Ghana, which requires such contracts to be laid before and approved by Parliament.

Barker sued, claiming that the Supreme Court's decision in Town of Greece v. Galloway, which had ruled permitting ministers to pray before legislative gatherings, requires his inclusion as a guest chaplain.

The case has gone through multiple hearings (details below), resulting in a court order that requires DEMS scientists to turn over all data related to DEMS, including drafts of scientific papers based on that data, to the mining coalition and to the U.S. House of Representatives Committee on Education and the Workforce, which claims jurisdiction over the study.

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.

The studies used to claim that NCLB requires a 20 to 35 percent increase in school funding are similar to those brought to court in Massachusetts.

Opponents would claim that the inclusion of religious schools among the choices for parents violated the separation of church and state, required by the federal constitution, and they challenged the program in court.

The defendants claimed qualified immunity, which requires courts to rule in favor of a government employee unless the conduct violates «clearly established statutory or constitutional rights of which a reasonable person would have known.»

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distclaims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distClaims Act on negligence claims against school distclaims against school districts.

Leadership for Educational Equity may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law.

(c) Violation of 14th Amendment procedural due process The court granted the defendants» motion for summary judgment for this claim, finding that Ms. I did not meet the applicable precedent, which requires at the threshold an allegation that the reason for the forced discharge was to avoid a pre-termination hearing.

After concluding that the plaintiffs in both suits had standing to pursue their claims, the state supreme court began with a discussion of whether the ESA program violates Article 11, Section 2, which requires the state legislature to provide for «a uniform system of common schools.»

If there is a dispute the law may require mediation or small claims court.

BECAUSE YOUR PURCHASE AND USE OF OUR PRODUCT REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING, EXCEPT FOR SMALL CLAIMS COURT.

If there is a creditor who holds a second mortgage on a property and has not filed a lien, there is the likelihood that a bankruptcy court will require the creditor to file a proof of claim, and the debt will be treated like an unsecured claim.

«ST. JAMES, N.Y., June 30, 2010 — Gyrodyne Company of America, Inc. (NASDAQ: GYRO), a Long Island - based real estate investment trust, announced today that the Court of Claims of the State of New York issued an opinion requiring the State to pay to Gyrodyne an additional $ 98,685,000 for land appropriated in 2005.

Paid $ 5,000 a month by an industry association of CBEs, his goal in making the claim was to get the court to overturn a law that makes it illegal for pet stores in Grove City, OH, to sell puppy mill dogs; the law requires pet stores to work with rescues and shelters to adopt out rescued animals instead.

Court upholds the majority of vzbv's claims against Facebook: default privacy settings require users» informed consent, «real - name» clause and other -LSB-...]

Prince is widely seen as having set his own case back by claiming in his 2009 verbal deposition (compiled as a book, Canal Zone Richard Prince YES RASTA: Selected Court Documents, & c., & c., by filmmaker / artist / writer Greg Allen) that «I don't really have a message» or any comment on the originals, which, Cariou's lawyers argued in this case, should be required for protection under fair use.

In this case, the Court considered whether the family member who claims to be a «dependant» of an EU citizen can be required to produce documents which would prove that there is a factual situation of dependence.

The article states that the majority of courts now appear to require the proponent to authenticate a Web site under Rule 901 (b)(1) of the Federal Rules of Evidence, which permits authentication by» [t] estimony that a matter is what it is claimed to be.»

However, he argued that the court should dispose of the case because the plaintiffs failed to exhaust their remedies under the Civil Service Reform Act, which required plaintiffs to first bring their claims to the Office of Special Counsel.

Even small claims require expenditures for the costs of obtaining medical records, court filing fees, and similar costs.

Thus, in Gradek the Court accepted the trial judge's finding that Mr. Gradek, due to language difficulties, required the assistance of counsel and it would be unjust to require him to bring his claim in the Small Claims Court where he would be denied costs that would partially offset the expense of retaining counsel (para. 18).

[44] In summary, the plaintiff has met the burden of proof required, albeit not by a large margin, but I am satisfied on balance that considering the potential damages that could be awarded for the plaintiff's claim and the complications raised by the minimal damage and worker - worker defence, the plaintiff had sufficient reason to bring the action in the Supreme Court of British Columbia.

Claims against your own insurance company do not generally require filing any lawsuits in court.

She is proficient in all aspects of file management, legal research, and the drafting of pleadings, motions and other court documents required to successfully prosecute our clients» claims.

In a detailed and carefully reasoned decision, the Court ruled that the law requires the Refugee Appeal Division (RAD) to conduct its own independent assessment of the refugee claim.

Work highlights Appeared in the Supreme Court for the Match - E-Be-Nash-She-Wish Band of Pottawatomi Indians to defend a federal statute ratifying the trust status of property taken into trust for the tribe and requiring the dismissal of any suit in federal court relating to that property, following a claim that the statute violates constitutional separation of power princiCourt for the Match - E-Be-Nash-She-Wish Band of Pottawatomi Indians to defend a federal statute ratifying the trust status of property taken into trust for the tribe and requiring the dismissal of any suit in federal court relating to that property, following a claim that the statute violates constitutional separation of power princicourt relating to that property, following a claim that the statute violates constitutional separation of power principles.

In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawCourt is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawcourt lawsuit.

A useful clarification that the Supreme Court could have made if it had granted leave is the extent of the causal connection required between provisions of the ITA and the adverse impact it has on a particular group in order to make out an adverse effects discrimination claim.

Rule 26 deals with disclosure obligations in most BC Supreme Court lawsuits and subrule 26 (2.1) requires that «the nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable parties to assess the validity of the claim of privilge `.

The Court of Appeal found that all four elements required to prove a claim for civil fraud were established in this case.

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

The Supreme Court has unanimously allowed an appeal, in a case that required the court to consider whether a claim to damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured driver while on holiday in GrCourt has unanimously allowed an appeal, in a case that required the court to consider whether a claim to damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured driver while on holiday in Grcourt to consider whether a claim to damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured driver while on holiday in Greece.

The court stated that allowing this to be certified would essentially require hundreds of mini-trials to determine these professional liability claims.

it is only common sense that where a claim of privilege is contested, a court would normally require something more than counsel's opinion offered in the course of argument.

At the same time, the court deferred ruling on the bar's claim that LegalZoom is engaged in unauthorized practice, concluding that a more extensive factual record is required in order to explain questions such as how LegalZoom's process prepares complex documents for its customers.