Sentences with phrase «claims under state»

Since the Owner had made his claims under state law, the Court sent the case back to the state courts for a determination whether Florida law entitled the Owner to compensation for these potential constitutional violations.

The personal property must be exempt (1) under Florida Statute 732.402 or (2) constitutionally exempt from creditor's claims under state constitutional provisions (i.e., homestead protections).

Mr. Lopez has defended numerous school districts, charter schools, other governmental entities and private employers from claims under state and federal constitutional claims, Title VII, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Americans with Disabilities Act, the Texas Commission on Human Rights Act, workers» compensation retaliation, the Texas Whistleblower Act and state law tort claims.

Instead, injured workers are generally required to file a claim under the state's workers compensation procedure.

Not exact matches

Aaron Lamstein was totally up - front about the fact that he can't vouch for every condition under which workers manufacture his products, since the factories he uses are spread out across the United States, nor can he claim that all the components that accompany WorldWise's goods are recycled or organic.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and / or these arbitration provisions in Section 26 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.

In October, California's state appeals court ruled that a housekeeper could bring a claim against her employer under the state's Fair Employment and Housing Act.

The next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.

After making one $ 10 million payment in 2014, the complaint states that Goguen ceased payments, claiming the initial agreement was invalid because it was «procured under extortion.»

As with diet supplements, a product must meet the claim all the time; if they don't, it must be stated under which conditions these types of products should be used.

Up to $ 1 billion will go to local governments, $ 4.9 billion will be paid to five states that border the Gulf, a $ 5.5 billion penalty will be paid for violating the Clean Water Act, and $ 7.1 billion will be paid for natural resources damages claims under the Oil Pollution Act.

Between 2010 and 2012, taxpayers in the Peach State claimed about 36 % of all federal tax deductions for easements — despite having only 2.5 % of the nation's land under easement, according to a May 2017 report that Looney, the former Treasury official, published for the Brookings Institution, where he's now a senior fellow in economic studies.

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.

An article published this week in Nature Climate Change (article via Nature paywall) is making the rounds of the headlines because it makes some pretty bold claims — namely that the US State Department under - estimated the emissions impact of the Keystone XL pipeline by up to a factor of four.

Under the pleadings standard set forth by the Supreme Court in Ashcroft v. Iqbal, a complaint must contain sufficient factual matter, which if accepted as true, states a «claim to relief that is plausible on its face.»

To be sure, the SEC and its supporters claim that the proxy rules simply make effective rights shareholders have under state law, [6] but in fact shareholder control rights under the latter are extremely limited.

More specifically, Uber must follow particular EU states» transportation regulations and can no longer claim that its peer - to - peer ride - hailing services fall under less restrictive e-commerce rules in the EU.

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).

Avoiding unnecessarily aggressive language is also smart legally as many watching the controversy believe Kinder Morgan's endgame is not to build its pipeline, but to position itself for a massive damages claim under the investor - state provisions (Chapter 11) of NAFTA.

Under current law, taxpayers not claiming the standard deduction can deduct both their state and local property taxes, and either their state and local income taxes or their state and local sales taxes, whichever is higher.

The court judgement explicitly states that Bitcoin demonstrates all the characteristics of a «property right», and hence a claim to transfer BTC under property rights is legitimate:

Prosecutors in Switzerland are expanding their investigation into claims of fraud at the under fire Malaysian state fund 1MDB.

Kim Jong Un now claims that he can reach any part of the United States, Trump says everything is under control and he's handling it.

Mandatory Palestine was a geographic area with defined borders and under British Rule up until 1948 when the Jews decided to take UN Resolution 181 as law and claim that the borders defined in 181 defined a new State of Israel.

@KatMat: your analogy would begin approaching realism if: — during the pledge of allegiance kids were forced to say «one nation under The Orioles» — our nation's currency said «In Dallas Cowboys We Trust» — if millions were slaughtered, tortured and burned to death because they weren't fans of The Pittsburgh Penguins — if NASCAR fans endlessly attempted to have Intelligent Car Driving taught beside Evolution in science class as a possible explanation for how mankind developed — if «the 5 D's» of Dodgeball (Dodge, Duck, Dip, Dive, Dodge) were constantly attempted to be made into law so everyone would live by the same ridiculous notions, even if those notions knowingly discriminate — if nutters constantly claimed America was founded on the principles of Darts, even though our country SPECIFICALLY calls for a separation between Darts and State because the founders knew the inherent dangers of Darts becoming government instead of staying in the realm of sport where it belongs

(A decision for same - sex marriage by a state could as in the case of Massachusetts, preempts the debate in that state, but it is less far - reaching because it leaves other states to arrive at a different conclusion — unless, as some same - sex - marriage proponents have claimed, other states are required to recognize such marriages under the Constitution's requirement of giving «full faith and credit» to other states» proceedings.)

They suggested three ways in which RFRA might conceivably be interpreted (misinterpreted, really) to create bad consequences: (1) to give a church's opponents legal «standing» (a technical term meaning the right to sue) to challenge the church's tax - exempt status; (2) to allow taxpayers to claim their free exercise rights would be violated if a religiously affiliated organization receives government assistance under a secular program; and, most importantly, (3) to allow pro-abortion plaintiffs to claim a free exercise right to abortion if Roe v. Wade is overruled and states enact anti-abortion laws.

The state is not holy and should not claim God in any way (I also oppose the «One Nation under God» and «in God we Trust» blasphemy.)

The charity said because of the legal ambiguity, the laws have been abused by radical Hindu nationalist groups to «harass and intimidate Christians while claiming to be under the auspices of state law.»

The Islamic State group claimed responsibility for both attacks - just as it had for the 2011 church attack in Egypt's capital, when a bomb was left under a pew and killed 29 people as they worshiped God.

What would you think about the claims that some people make today about the United States being the best nation on earth and under the protection and blessing of God?

Roger Scruton makes the novel claim that «The emergence of the welfare state was therefore a more or less inevitable result of popular democracy under the impact of total war.»

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:

He then brought a suit demanding his freedom in St. Louis County Court under Missouri law, claiming that he was legally entitled to be free by virtue of having resided in a free state or territory.

Claim 7: «Not until the 16th century did European states begin to require that marriages be performed under legal auspices.»

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

Similarly, in McMahon v. Bumble Bee Foods LLC, the plaintiff brought a state law claim under the Illinois Food, Drug and Cosmetic Act (IFDCA) for alleged violations of FDA regulations.

The court found that the plaintiff had a private right of action under Illinois state law and the identical federal law did not apply to preempt the state law claim.

We expect to see more consumer fraud claims based on the violation of state labeling statutes given that courts are increasingly finding a private right of action under state law concerning the FDA's labeling requirements.

Because the nutrient content claim was alleged to be misleading under FDA regulations, plaintiff's state law claim that Benecol's packaging misled consumers was allowed to proceed.

In addition, the petition requested that we issue an interim final rule under section 403 (r)(7)(A) of the FD&C Act, stating that the evidence is compelling and the potential to encourage fruit and vegetable consumption is important for public health and that issuing an interim final rule would allow affected fruit and vegetable products to become eligible to bear these health claims as expeditiously as possible.

Zumbo stated that it may raise issues of misleading conduct and claimed that Coles have «backed themselves into a corner in that whenever the price goes below cost price there may be issues under the Birdsville amendment».

The last time Ohio State won was in 1974 under head coach Woody Hayes — who claims five of the nine total wins against the Trojans for the Buckeyes.

He is suing the NCAA — which relied heavily on the Freeh report in its punishment of Penn State — under federal antitrust laws, claiming that the organization had no business sanctioning the school for failing to stop a retired coach from abusing children.

On the grandest stage in 2011, Smotherman shot a 1 - under 71 to claim fourth place at the State Tournament played at Poppy Hills in Monterey.

Under new legislation, homebirth eligibility is determined by criteria created by the HSE and State Claims Agency and falls into 3 categories (i) eligible (ii) un-eligible (iii) eligibility is uncertain and must be determined by a consultant obstetrician The Master of the Rotunda Hospital, Dr Sam Coulter - Smith, informed the HSE last week that they were no longer prepared to approve women for maternity care under the HSE Home Birth Service, following unease within the consultant body to engage in this proUnder new legislation, homebirth eligibility is determined by criteria created by the HSE and State Claims Agency and falls into 3 categories (i) eligible (ii) un-eligible (iii) eligibility is uncertain and must be determined by a consultant obstetrician The Master of the Rotunda Hospital, Dr Sam Coulter - Smith, informed the HSE last week that they were no longer prepared to approve women for maternity care under the HSE Home Birth Service, following unease within the consultant body to engage in this prounder the HSE Home Birth Service, following unease within the consultant body to engage in this process.

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

A third party country that uses force in territory controlled by another sovereign state, without the express or implied consent of a sovereign state with a legitimate claim to that territory, is an illegal aggressor under international law, rather than a participant in a collective security effort which international law recognizes as a legitimate reason to use military force.