Sentences with phrase «class certification under»

Slade ruled that First Nations could be classified as a band and therefore could meet the test for class certification under the Indian Act as members of a shared culture with similar interests.

Not exact matches

These are given under the pretense that the teacher will eventually take all of the required courses for valid certification (so the teacher must take classes outside of work while they are teaching).

Under the conditions specified by the certification rules the S - Class as a full hybrid generates 69 g CO2 per kilometre.

«We are thrilled to announce the certification under American Humane Conservation of Woodland Park Zoo, a world - class institution dedicated to the responsible, humane treatment of the remarkable animals in its care,» said American Humane President and CEO Dr. Robin Ganzert.

Thus, the Plaintiff satisfied four parts of the five - part test for certification under s. 5 (1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 (the «Act»).

For class actions in particular, the Court pointed out that Congress also has provided the remedy of enlarged removal jurisdiction under CAFA, and that, once in federal court, class actions may be transferred and consolidated in one court, and that «we would expect federal courts to apply principles of comity to each other's class certification decisions when addressing a common dispute.»

In response to the policy argument against allowing relitigation of class certification, the Court noted that stare decisis and comity are the legal system's remedies for repetitive litigation that falls outside of the rules of preclusion, and that once a class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.Sclass certification, the Court noted that stare decisis and comity are the legal system's remedies for repetitive litigation that falls outside of the rules of preclusion, and that once a class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.Sclass action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.SClass Action Fairness Act of 2005 (CAFA), 28 U.S.C.??

A request for class - action certification was under consideration.

In rejecting this point, Justice Perell held that the internal administrative process established by the Code is subsumed by the «preferable procedure» requirement for certification under Ontario's Class Proceedings Act.

Theses rulings will impact standing concepts and jurisdictional challenges, liability under the WARN and the ERISA, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on American Pipe tolling and application of statute of limitations in class actions.

Successfully represented secondary - market purchaser of mortgage loans in interlocutory appeal of district court decision denying certification of a class under Fair Housing Act

In certifying the class action against the settling defendants, Perell J. noted that even in situations where certification is sought for settlement purposes, all of the criteria for certification under s. 5 (1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settlemeclass action against the settling defendants, Perell J. noted that even in situations where certification is sought for settlement purposes, all of the criteria for certification under s. 5 (1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settlemeClass Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settlements).

The Eighth Circuit granted discretionary appellate review under Rule 23 (f) and reversed both the order on the motion to dismiss and the class certification ruling, remanding with direction to dismiss the complaint.

Second, allowing this type of appeal would be contrary to the purpose and intent of Rule 23 (f) and its enabling statutes, under which appeals from class certification orders may be heard only in the discretion of the court of appeals.

In order for the group health plan to disclose protected health information to a plan sponsor, the plan documents under which the plan was established and is maintained must be amended to: (1) Describe the permitted uses and disclosures of protected health information; (2) specify that disclosure is permitted only upon receipt of a certification from the plan sponsor that the plan documents have been amended and the plan sponsor has agreed to certain conditions regarding the use and disclosure of protected health information; and (3) provide adequate firewalls to: identify the employees or classes of employees who will have access to protected health information; restrict access solely to the employees identified and only for the functions performed on behalf of the group health plan; and provide a mechanism for resolving issues of noncompliance.

Pro-Sys sought certification of the action as a class proceeding under British Columbia's...

[1] Lorne Waldman moves for certification of a proposed class action under the Class Proceedings Act, 1992, S.O. 1992, c. class action under the Class Proceedings Act, 1992, S.O. 1992, c. Class Proceedings Act, 1992, S.O. 1992, c. C. 6.

Under the amendments, if a proceeding was certified prior to the coming into force of the amendments, a party may apply to amend the certification order to include non-residents as members of the class.

The question considered was whether, under Smith, federal judges must afford «comity» to each other's orders denying class certification.

To place, carve and finish amalgam restorations under the direct supervision of a dentist, a dental assistant must: (1) Be at least 18 years of age, AND (2) Hold current DANB CDA certification or have been employed as a dental assistant with a minimum of two years (4,000 hours) hands - on experience, AND (3) Take and pass a pre-examination on basic dental procedures and techniques, as well as the basic fundamentals of dentistry, AND (4) Complete a 40 - hour course given by an approved continuing education sponsor and taught in an institution with a CODA - accredited dental, dental hygiene or dental assisting program, AND (5) Pass an exam that is psychometrically sound, such as a combination of DANB's Anatomy, Morphology and Physiology (AMP), Isolation (IS) and Restorative Functions (RF) exam, or equivalent *, AND (6) Maintain proof of BLS certification A supervising dentist must attend a required orientation class with the applicant and sign an agreement that he or she will follow the required guidelines regarding supervision and clinical application of specific techniques being taught between scheduled classes.

Requirements to maintain certification through continuing education classes are currently under review by the SLCC.