Sentences with phrase «claims under»

She also has an active trademark litigation practice, litigating claims under the Lanham Act and state unfair competition laws.

In its final decision, the PTAB found that three claims under review were invalid as anticipated, but the remaining 14 claims under review were not invalid.

Raising the small claims cap is not the only mechanisms available (the Supreme Court in BC has «Fast Track» simplified procedures for claims under $ 100k), but I can see how a higher limit improves access to justice in at least three ways: 1.

A third limitation is that any claims under s 13 would need to be brought in the ordinary courts, and would be subject to the usual costs regime — with the loser usually paying both sides» costs.

The next, and entirely novel, claim by the trustee was that if the consent order should be set aside (as above), the mutual clean breaks fell away and H's claims under MCA 2005 for (inter alia) a lump sum therefore remained in existence and available to be pursued by the trustee.

While the outcome of this case would tend to discourage claims under the Act by adult children, it is clear on reading the case that the quality of the evidence (or lack of) was a key factor in the court's decision.

The most significant changes relate to the Expedited Procedure Rules (Article 30 and Appendix VI) which will now be the default rules for claims under USD 2 million, and may also... [more]

As for group 2, although they received relief from the MOL, using a literal interpretation of s. 97 of the ESA, these class members had not voluntarily sought relief or filed claims under the ESA, and as a result could not be barred from any aspect of the claim.

Tribunal jurisdiction to hear claims under SDA 1975 (now of course superseded) is contained within s 63 which states: «A complaint by any person («the complainant») that another person («the respondent»)-- has committed an act of discrimination or harassment... may be presented to an employment tribunal.»

They may also have claims under the Law of Property Act 1925 in relation to chattels, but these are outside the scope of this article.

Those who did not file claims under the ESA but nonetheless benefited from the ministry's orders when they were assessed (136 former employees)

The increased prevalence of attempts by employees outside the US to raise «whistleblower» claims under Dodd Frank / Sarbanes - Oxley has also affected our work, in that these claims also apply to allegations of corporate fraud on an extraterritorial basis.

But it is on mandatory use that the revamping comes into its own with a table of various obscure litigation covered including claims under the Mines (Working Facilities and Support) Act 1966 and for a detailed assessment of a returning officer's account under the Representation of the People Act 1983.

Defense of construction claims under civil statutes, including Chapter 553.84, Workers» Compensation Immunity Issues under Chapter 440

... It is well established that plaintiffs can only bring claims under a statute if they have a private right of action under the statute.

The former employees who had filed claims under the ESA and received orders in their favour from the ministry (242 former employees)

Claims under the Divorce Act: Use this column if you are legally married and seeking custody or access as part of a divorce proceeding.

There are two claims under Texas law that allow people to recover after they have lost a family member in an accident — a survival action and a wrongful death action.

Roman Kubiak acts for the husband of the deceased in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 and to set aside the deceased's last will on the grounds of lack of capacity and lack of knowledge and approval.

He represents insurance companies in cases involving first - party and third - party claims, personal lines and commercial policies, bad faith claims, complex coverage disputes, class actions and claims under California's Business and Professions Code.

Representing clients in multiple putative class action litigations including: claims under the Massachusetts independent contractor law; claims that employees were not paid for meal and rest breaks; and claimed violations of the state and federal tip credit statutes

In addition, it is important to note that Nasr does not change the law as it applies to Statutory Condition 14, [4] which bars claims under fire insurance policies brought more than one year after the date of loss.

Tim also acts, often for the National Crime Agency, in civil recovery claims under the Proceeds of Crime Act 2002.

We have litigated individual ERISA benefit claims under life, health, and disability policies, as well as bad faith and fiduciary claims.

Re MF Global UK Limited [2013] EWHC 92 («Hindsight») Instructed to act for the successful representative respondent to an application to determine the method of valuing client money claims under the FSA «client money» rules.

The amount paid in posthumous claims under the 1979 Act is, however, lower than in applications made on a living basis.

From our two offices — located in Springfield, MA and Holyoke, MA — we help clients resolve claims under the umbrellas of family, real estate, and probate law.

Quite simply, the court drew a bright - line rule, stating that when an employer makes such an admission, only claims under respondeat superior are appropriate.

I was working as an adjuster doing personal injury claims under our Florida PIP statute and also worked in our pre-litigation company

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

On November 18, 2016 at 1 p.m. EST, Amanda and Dana will cover the basics of insurance policies available on construction projects, the types of claims that may be covered, and common problems in identifying and making claims under those policies.

We advise business clients and insurers on pollution and other environmental claims, and have extensive experience litigating claims under federal and state statutes in clean - up cases, either defending against liability and allocation among defendants, or seeking reimbursement for recovery costs from responsible parties.

A court (usually provincial or territorial) in which claims under $ 25,000 to $ 50,000 (depends on the province) can be made.

Erste Group Bank AG v JSC VMZ «Red October» (above): dispute between applicability of Russian and English law to tort claims under Rome II Regulation.

However, patients would be well advised to emphasize Canada's international obligations if bringing claims under domestic legislation or the Charter, particularly given the generous scope of some provisions in international documents.

If a nation enacts substantive policy for a right to be forgotten, he explains, «it should offer itself the apparatus to judge people's claims under the policy.

Now any creditor which had commenced proceedings in Iceland could continue them or make its claims under a separate administrative claims process.

When we eliminated what was becoming an epidemic of claims under the «scaffolding law» provision of the New York labor law by trying cases to verdict, and winning a sufficient number to make contingency litigation uneconomic, my compensation was not threatened, in fact my compensation went up and would continue higher to extent that our plant operations were less costly.

The court permitted the action to continue on the basis of the social covenant and the honour of the Crown pleadings as well as claims for breach of fiduciary duty and claims under the Charter.

Steinmetz and three executives of his companies BSG Resources (BSGR) and Onyx Financial Advisors had filed claims under the Data Protection Act in the High Court, saying Global Witness's reporting on a bribery scandal in West Africa infringed their privacy.

iii) Various damages claims under UK law for distress, inconvenience, invasion of privacy and damage to property.

He wants a pretty high standard to be upheld here and CRU claims under the section 12 exceptions seemed sound and ethical.

The moral wrongness is in his willingness to beat the drum for ideas that are designed to deceive an uninformed public and to promote a political agenda using false claims under the good name of science.

Theo Goodwin says: June 16, 2011 at 2:49 pm «The moral wrongness is in his willingness to beat the drum for ideas that are designed to deceive an uninformed public and to promote a political agenda using false claims under the good name of science.

How could they not have expected myself and others to not put their claims under the microscope?

The urgency has ramped up as other countries have pushed ahead to file their seabed claims under the treaty, as high energy prices have propelled new plans to seek some of the huge deposits of oil and natural gas that geologists say are probably sitting up north, and as tourists are heading north in fast - growing numbers.

As «extraordinary claims require extraordinary evidence», it is appropriate to put papers making such claims under particular scrutiny, as we have done.

Credit card users are recommended to file claims under their network's purchase protection policy as soon as an item has been stolen or damaged.

Claims under the Price Promise will not be accepted if, in our opinion or the opinion of the third party responsible for administering the applicable Price Promise, acting reasonably, the claim has occurred as the result of a printing, uploading or other error or is made fraudulently or in bad faith.

The company says that it has paid out at least two claims under Alien Abduction Insurance when two people claimed that they have been bitten by vampires (they were actually bitten by a bat).