Sentences with phrase «common law actions in»

Full range of statutory claims before the ET and common law actions in the High Court.

Strongly enough to join many of my neighbours in a common law action in nuisance, which we hope will begin to reintroduce some sanity into this bizarre and regressive experiment.

Not exact matches

Important factors that may affect the Company's business and operations and that may cause actual results to differ materially from those in the forward - looking statements include, but are not limited to, operating in a highly competitive industry; changes in the retail landscape or the loss of key retail customers; the Company's ability to maintain, extend and expand its reputation and brand image; the impacts of the Company's international operations; the Company's ability to leverage its brand value; the Company's ability to predict, identify and interpret changes in consumer preferences and demand; the Company's ability to drive revenue growth in its key product categories, increase its market share, or add products; an impairment of the carrying value of goodwill or other indefinite - lived intangible assets; volatility in commodity, energy and other input costs; changes in the Company's management team or other key personnel; the Company's ability to realize the anticipated benefits from its cost savings initiatives; changes in relationships with significant customers and suppliers; the execution of the Company's international expansion strategy; tax law changes or interpretations; legal claims or other regulatory enforcement actions; product recalls or product liability claims; unanticipated business disruptions; the Company's ability to complete or realize the benefits from potential and completed acquisitions, alliances, divestitures or joint ventures; economic and political conditions in the United States and in various other nations in which we operate; the volatility of capital markets; increased pension, labor and people - related expenses; volatility in the market value of all or a portion of the derivatives we use; exchange rate fluctuations; risks associated with information technology and systems, including service interruptions, misappropriation of data or breaches of security; the Company's ability to protect intellectual property rights; impacts of natural events in the locations in which we or the Company's customers, suppliers or regulators operate; the Company's indebtedness and ability to pay such indebtedness; the Company's ownership structure; the impact of future sales of its common stock in the public markets; the Company's ability to continue to pay a regular dividend; changes in laws and regulations; restatements of the Company's consolidated financial statements; and other factors.

In response, Mr. Gross led the vanguard, developing the ground - breaking legal theory of applying common law to individual actions in state court on behalf of large institutional investors who purchased shares on foreign exchangeIn response, Mr. Gross led the vanguard, developing the ground - breaking legal theory of applying common law to individual actions in state court on behalf of large institutional investors who purchased shares on foreign exchangein state court on behalf of large institutional investors who purchased shares on foreign exchanges.

Modernity's emphasis on secularism involves three elements - a) the desacralisation of nature which produced a nature devoid of spirits preparing the way for its scientific analysis and technological control and use; b) desacralisation of society and state by liberating them from the control of established authority and laws of religion which often gave spiritual sanction to social inequality and stifled freedom of reason and conscience of persons; it was necessary to affirm freedom and equality as fundamental rights of all persons and to enable common action in politics and society by adherents of all religions and none in a religiously pluralistic society; and c) an abandonment of an eternally fixed sacred order of human society enabling ordering of secular social affairs on the basis of rational discussion.

Even if the justices were able to see on the basis of the French achievement that the political divisions they fear from religious controversy are not inescapable in today's democratic society, their own need for consistency as they fashion the developing common law would still prevent them from reversing themselves soon enough to enable the American people to take effective official action to save nonpublic education.

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

They also claim common law causes of action, including for the torts of misfeasance in public office, deceit, assault (trespass to the person) and negligence.

«Including e-cigarettes in New York's Clean Indoor Air Law is a common sense measure that will protect the health of our children and our hospitality workers,» said Julie Hart, New York Government Relations Director for the American Cancer Society Cancer Action Network.

«Both the law and common sense dictate that the federal government must fully assess the impact of its actions before opening the door to gas fracking in New York,» Schneiderman said in a statement.

A 2007 article in the Administrative Law Review noted how some federal agencies» usage of signing statements may not withstand legal challenges under common law standards of judicial deference to agency actiLaw Review noted how some federal agencies» usage of signing statements may not withstand legal challenges under common law standards of judicial deference to agency actilaw standards of judicial deference to agency action.

Well you see there's a common law in marketing that any one person is moved to take action, such as purchasing a product after having been exposed to it 6 or 7 times.

ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection agencies and junk debt buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources

The G7 leaders agreed to jointly take a leading role in international efforts to address pressing issues, such as downside risk for the global economy and challenges to the international order through unilateral actions, as a group guided by common values and principles, including freedom, democracy, the rule of law and respect for human rights.

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

Even so, common law action against greenhouse gas emitters via appeals to property rights violations has been tried in AEP v Connecticut.

For these and other reasons, conservative and libertarian intellectuals who embrace what is known as «free market environmentalism» have long argued that pollution is a trespass on private property that is best dealt with whenever possible by common law action — not by legislators acting to referee such trespasses via sweeping environmental laws with (heavily politicized) utilitarian calculations in mind.

Carriage Horses, Animal Abuse, and A Little Perspective Rachel writes, «The incident has much in common with recent events in Ohio, where dozens of exotic animals (some of them endangered species) were killed last week... There's talk of fixing the nation's laws to prevent issues with exotic animals in the first place, but individuals also need to take responsibility for their own actions — for example, does buying a baby monkey to live with you in a Louisiana home really seem like a good idea?»

The most common call to action — among the best law firm websites and law firm websites in general — is some variation on Contact Us.

It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as guaranteed by Art 5 of the Convention.

We are now defending the board of a publicly traded company in three shareholder derivative and class action complaints challenging the fairness of a $ 2.5 billion merger transaction, and we are handling a matter of first impression involving the intersection of same - sex and common - law marriage.»

The action was initially dismissed on the grounds that the tort of invasion of privacy did not exist at common law in Ontario.

At common law, what was expected in these circumstances was that the attorney general would institute proceedings to uphold public rights and duties either acting ex officio or through a «relator action», ie one in which the attorney general proceeded to assert a public right on the relation of a private person or a corporation.

Historically actions around privacy stemmed from concepts of trespass in the common law, and were only recognized as cearly actionable where stipulated by statute.

Judgments in areas of law under provincial jurisdiction might also be translated if they deal with principles similar to those applied in analogous areas of law in common law provinces, such as youth protection, labour law, or motions for leave to bring class actions.

One item that all great law firm websites have in common is a clear call to action — telling the reader what his or her next step is.

Such a provision is frequently recommended by business lawyers in US and common - law Canada as a means of avoiding class actions by consumers — so it's not surprising that consumer advocated do not like them.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

Under Canadian common law, in order to succeed in an action for negligence (including for a failure to warn), a plaintiff must establish the following five elements:

Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies

Lorand Bartels addresses the legality of the scheme under WTO law whereas Joanne Scott and Lavanya Rajamani stress the relevance of the principle of Common but Differentiated Responsibilities and Respective Capabilities in the context of unilateral climate action.

Action in Australia on the oversight of third party litigation funding will have a global impact, especially in common law countries.

«Now, nearly 15 years later, the outlook is somewhat different,» writes Fairfax, «with, so far, only one example of an environmental class action decided on its merits in the common law provinces, and no successful environmental class actions (putting aside settlements) to speak of in common law Canada.»

While some scholars believe class actions will become less common in the United States (see Robert H. Klonoff, The Decline of Class Actions), several European countries have recently adopted laws permitting class actions or expanding the availability of collective laactions will become less common in the United States (see Robert H. Klonoff, The Decline of Class Actions), several European countries have recently adopted laws permitting class actions or expanding the availability of collective laActions), several European countries have recently adopted laws permitting class actions or expanding the availability of collective laactions or expanding the availability of collective lawsuits.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

Stuart advises and appears in non — matrimonial property disputes (TOLATA cases), Inheritance disputes, residential landlord and tenant and disrepair cases and general common law cases including professional negligence, professional conduct and disciplinary proceedings, actions against the police, inquests, personal injury and contractual disputes.

This ending is common in law, often indicating the indirect object of some action.

Although the Martin Act did not create a private right of action to enforce its provisions, the defendant was unable to demonstrate anything in the legislative history of any of the amendments demonstrating a mandate that would abolish private common - law claims.

I believe that what I've written below is a good enough summary, for now, of what practitioners in Canada's common law jurisdictions need to know about the effect of Clements v Clements, 2012 SCC 32 on the manner in which causation is to be proved in negligence actions.

We agree with the Attorney General that the purpose of the Martin Act is not impaired by private common - law actions that have a legal basis independent of the statute because proceedings by the Attorney General and private actions further the same goal — combating fraud and deception in securities transactions.

there is nothing in the plain language of the Martin Act, its legislative history or appellate level decisions in this state that supports defendant's argument that the Act preempts otherwise validly pleaded common - law causes of action»

Thus, in a common - law action for bodily injuries caused by a dog, a plaintiff must show that:

(4) The action authorized in this section is in addition to, and does not limit or affect, other actions available by statute or common law, now or in the future.

Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes in a selected site or sites will promote the ends of justice taking into account whether the common question of fact or law is predominating and significant to the litigation; the convenience of parties, witnesses, and counsel; the relative development of the actions and the work product of counsel; the efficient utilization of judicial facilities and manpower; the calendar of the courts; the disadvantages of duplicative and inconsistent rulings, orders, or judgments; and, the likelihood of settlement of the actions without further litigation should coordination be denied.

In many situations the authority for police action is not derived from any statute; and so the responsibility falls to jurists and lawyers alike to write clear boundaries into the common law.

Defense of professionals such as attorneys, officers and directors of public and private companies in class actions alleging fraud, RICO and other statutory and common law claims

Stage one: does the action in question fall within the general scope of a police duty imposed by statute or recognized at common law?

Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgments.

Judgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgments.

When environmental disputes can not be successfully resolved, our attorneys vigorously advocate on behalf of our clients in federal and state enforcement actions, citizen suits, common law toxic tort actions and criminal actions.