Sentences with phrase «claims in court instead»

One of those things is that the clause must explicitly say that the provision covers statutory claims and that the employee / contractor is waiving her rights to bring her statutory claims in court instead of through arbitration.

Not exact matches

«The IRS offers no explanation as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that as long as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the Court must find that the Summons does not involve an abuse of process.

Instead of honoring this agreement, Innoson filed a new case at the Federal High Court, Awka claiming that the bank had debited his account with N559, 374,072.09, the exact sum that the bag had forgiven him in default charges.

You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site shall be determined by binding arbitration instead of in courts of general jurisdiction.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

Instead, the department is claiming «a deliberative process privilege» cited in two court rulings that have nothing to do with education issues, but involve legal battles over what records should be available to the Louisiana Legislative Auditor's Office.

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.

But HOOPP Realty lost its claim because its 1999 design - build agreement with Clark Builders had a mandatory arbitration clause, and HOOPP Realty had not served a notice to arbitrate, instead opting to sue the builder in the Court of Queen's Bench.

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 lawsuiIn 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 lawsuiin each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuiin a single state court lawcourt lawsuit.

In addition, in the Durant International case the court allowed the claimant to depart from the usual first - in - first - out or last - in - first - out tracing rules and instead permitting what was effectively «reverse tracing» through mixed funds — prioritising the larger purpose of a series of transactions over the ability to identify the precise funds to which the claim attacheIn addition, in the Durant International case the court allowed the claimant to depart from the usual first - in - first - out or last - in - first - out tracing rules and instead permitting what was effectively «reverse tracing» through mixed funds — prioritising the larger purpose of a series of transactions over the ability to identify the precise funds to which the claim attachein the Durant International case the court allowed the claimant to depart from the usual first - in - first - out or last - in - first - out tracing rules and instead permitting what was effectively «reverse tracing» through mixed funds — prioritising the larger purpose of a series of transactions over the ability to identify the precise funds to which the claim attachein - first - out or last - in - first - out tracing rules and instead permitting what was effectively «reverse tracing» through mixed funds — prioritising the larger purpose of a series of transactions over the ability to identify the precise funds to which the claim attachein - first - out tracing rules and instead permitting what was effectively «reverse tracing» through mixed funds — prioritising the larger purpose of a series of transactions over the ability to identify the precise funds to which the claim attached.

It is also clear pursuant to the requirements of Federal Rule of Civil Procedure 12 (b)(6) that plaintiffs must plead sufficient facts in their Complaint such that the Court can find that their claims are plausible instead of merely probable.

The physicians had refused to appear before the Board and instead claimed the proper venue for the dispute was in the courts as it was outside the scope of the HCCA.

If bill 15 passes in it's current form, accident victims won't be able to sue an insurance company in court, but will instead have to pursue their claim at the License Appeal Tribunal.

It is no wonder so many employees choose to claim damages before provincial tribunals instead taking their chances in the courts.

The fees are now much higher, the remission forms are more complicated and instead of taking them to the local county court hearing centre they must be posted to the County Court Money Claims Centre, which operates out of a post box in Salcourt hearing centre they must be posted to the County Court Money Claims Centre, which operates out of a post box in SalCourt Money Claims Centre, which operates out of a post box in Salford.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

Instead of looking to the patent file history, the claim term was analyzed by the court from the perspective of the person skilled in the art looking only at the patent (but not the prosecution history).

Instead, it means that the court will put a timetable in place and manage your claim towards trial.

The «Ruta» [2000] 1 Lloyd's Rep 359: Chris acted for the wages Claimants (not Defendants as stated in the report) in this action in which David Steel J. declined to follow a supposed rule set out in a number of text books and instead applied the Admiralty Court's wide equitable discretion so as to accord priority to the claims of unpaid crew members above the claims of the holders of damage maritime liens.

Under the terms of these arbitration agreements, investors are generally prohibited from suing their financial advisers in a court of law and must instead file an arbitration claim with FINRA.

Instead, in what is apparently dictum, given its decision to reverse appellant's conviction on the basis of the first due process claim, the Court maintains that a separate due process challenge by appellant arising from the Ohio Supreme Court's addition of a scienter element is procedurally barred, because appellant failed to object at trial to the absence of a scienter instruction.

denied, 541 U.S. 1085 (2004): A federal appeals court held that federal courts should abstain from hearing a constitutional challenge to the canons by a judge who was the subject of an imminent disciplinary proceeding; instead, the judge must raise his constitutional claims in the disciplinary process itself.

Instead, commencing a proceeding is appropriate once the plaintiff's claim is fully ripened and can be prosecuted in court.

The evidence was tendered by affidavit instead of a trial which, whether in Small Claims Court or the Superior Court, would likely have required viva voce evidence and inconvenienced those individuals whose evidence was tendered by affidavit.

In Johnstone, the Federal Court of Canada held that the test in Campbell River was too stringent, and instead held that family status discrimination claims should be analyzed in the same way as other discrimination claimIn Johnstone, the Federal Court of Canada held that the test in Campbell River was too stringent, and instead held that family status discrimination claims should be analyzed in the same way as other discrimination claimin Campbell River was too stringent, and instead held that family status discrimination claims should be analyzed in the same way as other discrimination claimin the same way as other discrimination claims.

The Labour court sought clarification from the ECJ as to whether the protection afforded by the Directives extended to an applicant who had no intention of seeking employment, but instead sought the status of job applicant in order to bring a claim for compensation.

A lawyer can also give you advice on whether you should go ahead and sue on your own in Small Claims Court instead of making a claim for a lien.

Nevertheless, the Master refused the claimant relief from sanctions, the effect of which was that the costs that could be claimed were limited to court fees, instead of the in excess of 500,000 pounds set out in the budget.

In a recent Federal Court ruling, the Honourable Mr. Justice Hughes, himself a member of the aforementioned subcommittee, refused a request from the defendant (Her Majesty the Queen) to strike a Statement of Claim, and instead granted the plaintiffs (5 self - represented prisoners in a federal penitentiary) a 6 - month stay to, among other things, «secure competent legal counsel»In a recent Federal Court ruling, the Honourable Mr. Justice Hughes, himself a member of the aforementioned subcommittee, refused a request from the defendant (Her Majesty the Queen) to strike a Statement of Claim, and instead granted the plaintiffs (5 self - represented prisoners in a federal penitentiary) a 6 - month stay to, among other things, «secure competent legal counsel»in a federal penitentiary) a 6 - month stay to, among other things, «secure competent legal counsel».

Adding to this site's archived cases of UFC pay per view event piracy prosecutions, reasons for judgement were released recently by the US District Court, ED California, rejecting a claim for $ 110,000 in damages but instead awarding $ 4,750 in total damages.

You and SimplyInsured agree that any dispute, claim or controversy arising out of or relating in any way to the SimplyInsured Service, our website or user interfaces, or these Terms of Use shall be determined by binding arbitration or small claims court instead of in courts of general jurisdiction.

If the liability is found to be due to your negligence or actions instead of the landlord's negligence, you can be held responsible for paying the claim or defending yourself in court.

The trolls» hope is that businesses would rather settle or pay a licensing fee instead of hiring attorneys to review infringement claims or fight back in court.

Instead, the Court held that «a patent is invalid for indefiniteness if its claims... fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.»

Then if the agreement was properly entered into and broke down, you would have the option of enforcing it in the small claims court instead of starting over with the CMS.