Sentences with phrase «claims under this statute»

To recover damages for a claim under this statute, a plaintiff must prove that the defendant engaged in a deceptive or unfair business practice, which was so severe that it «rises to a level of rascality» which would «shock the conscience» of a judge or juror hearing evidence.

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

Though the public policy behind statutes of repose is based on the policy judgment that a potential defendant should have no reasonable expectation of responsibility for injuries that occur after the passage of a number of years, the Court held that such a policy rationale does not apply to asbestos cases because: (1) the potential dangers associated with asbestos exposure were well known by 1971; and (2) the typical latency period from asbestos exposure to disease is much longer than the six - year window for filing personal injury claims under the statute of repose.

In Colorado, dog bites are governed by statute, and claims under the statute can be brought in addition to negligence claims, claims for negligence per se, and sometimes outrageous conduct claims.

Although Menchaca is not a case involving payment of an appraisal award, the Texas Supreme Court used it to provide clarity regarding the relationship between claims for an insurance policy breach and Insurance Code violations and applied five rules governing how claims under the policy and claims under the statute relate.

The court dismissed the fraud and negligence claims under the statute of limitations, but found that the broker breached an implied agency contract under which she, as agent, owed a duty to act in the best interests of the buyer / principal.

Not exact matches

You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other NBCUniversal Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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.

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).

A federal district court judge has found that claims against Intel Corporation's Investment Policy Committee for its retirement plans is time - barred under the Employee Retirement Income Security Act's (ERISA)'s three - year statute of limitations.

Intel defendants moved for summary judgment on all of Sulyma's claims, arguing that the claims are time - barred under the statute of limitations.

A friend contacted me to indicate that «Mr. Driscoll has been named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

Well, soon it could be official as Mark Driscoll, fallen megachurch pastor, found himself named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

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.

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.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

• Amending Chapter 536 of the Laws of 2010 concerning the jurisdiction of the Division of Human Rights over claims made under that statute;

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

Because of the shift in claims from these federal statutes to claims being made under the Missouri Human Rights Act, today, our attorneys are often asked to defend claims of discrimination and harassment under state discrimination statutes and do so on a regular basis.

They can compare the income you claimed on your applications to federal tax returns, and if there is a discrepancy, charge you with fraud under federal statutes.

In its original Complaint, the Government made four claims against Defendants under three federal statutes.

Since then, the statute has seen a well - documented coming of age and an incredible rise to power transforming into the primary law in which unfair competition, unregistered trademarks, and trade dress claims are challenged under.

A person claiming to be a refugee has a due process right to individualized consideration of their circumstances, either by statute, by treaty, or under the constitution, which the EO does not respect.

As you may recall, in a 5 - 4 decision back in 2007, the Supreme Court ruled that Ledbetter's claim against her employer for paying her less than her male counterparts because of her gender was time barred because her present lower pay arose out of salary decisions made years earlier, well outside of the 180 - day statute of limitations for discriminatory employment practices under Title VII of the Civil Rights Act.

I think this strange and troubling situation is at the root of all the dismay with these proceedings, and that Michael Schiavo's illegitimate status as guardian by operation of Florida law raises a claim under the 14th Amendment that ought to have been examined fully and ruled upon, and that there is at least an arguable claim of unconstitutionality of any «guardianship» statute that ignores such facts.

Judge Richard E. McCormick overruled Extendicare's objection, finding that Michael Pisano, as Vincent Pisano's son, was entitled under statute to file a wrongful death claim.

Proving that a defendant violated a statute or regulation may help a victim or their family bring a claim under a theory of negligence per se.

Mr. Regar settled the patient's claim for $ 250,000, which was the maximum recovery under the California statute capping medical malpractice lawsuit recoveries.

«Claims devoid of the proper factual and legal support, brought as part of a strategy to squelch competition, will not find protection under the anti-SLAPP statute.»

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.

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

The deadline for filing suit under ERISA for denial of long term disability benefits is established by the State's statute of limitations for contract claims (usually a period of two years to six years).

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

His current practice focuses on defending loan servicers from claims made under the FCRA, FDCPA, TCPA and various state law consumer protection statutes.

In a blog post, John McFarland of Graves, Dougherty, Hearon & Moody discusses a lawsuit over a petroleum lease dispute that led to a claim under Texas» Anti-SLAPP statute.

Under Morgan, the Court concludes that Plaintiff's race discrimination, promissory estoppel, and fraudulent inducement claims are in part barred by the one - and two - year statutes of limitation under MUnder Morgan, the Court concludes that Plaintiff's race discrimination, promissory estoppel, and fraudulent inducement claims are in part barred by the one - and two - year statutes of limitation under Munder Minn..

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

The group, the United Seniors Association, a conservative alternative to the American Association of Retired Persons, sued Philip Morris, R.J. Reynolds and other cigarette makers, claiming standing as a private attorney general under the Medicare Secondary Payer statute, which creates a private cause of action against those primarily responsible for Medicare - covered medical expenses.

Main No Fed statute of limits for retaliation claims brought under Qui Tam»

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Essentially, the New Mexico work comp statute traps the claim under work comp law.

Under Georgia wrongful death statute, the surviving spouse has the right to file a wrongful death claim.

Under Texas law, personal injury claims have what is known as a statute of limitations.

For more information on the steps that you should follow to reduce your risk under the False Claims Act and overpayment statute, feel free to contact health care compliance attorney John Fisher.

Under New York State laws, the statute of limitations for personal injury is 3 years from the date of injury, while wrongful death claims are within 2 years from the date of death.

Under section 13-80-102 of the Colorado revised Statutes, an injured party only has two years to pursue an injury claim against the responsible party.

The claims included their claims under the wrongful death statute as well as claims on behalf of all parties for negligent infliction of emotional distress.

However, although they comprise a relatively small subset of § 1983 cases, claims under § 1983 can, under certain circumstances, be based upon violations of federal rights derived from federal statutes, not from the U.S. Constitution.

Putting aside that no case has ever claimed that contribution applies only to but - for causes — good thing because there's many a defendant held liable who received contribution where the conduct wasn't a but - for cause and there's no reason to read any of the apportionment statutes that way — I suppose the conclusion that contribution is limited to but - for causation does follow if the Court believes that the only way there can ever be factual causation is under the but - for test.

Generally, in Florida, the following are the statute of limitations for a personal injury claim; however, we suggest always speaking to an experienced St. Petersburg personal injury attorney as soon as you think you have a case, to ensure that you retain your rights under the law: