Sentences with phrase «common law states under»

Not exact matches

This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 % of our common stock and persons holding our common stock as part of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.

There is no mention of changing the state's teacher evaluation law when it comes to assessing teachers under Common Core related tests.

It seems even a total delinking is under discussion, a 180 degree shift from his imposed law passed this spring hardwiring a teacher's survival to student scores on state mandated Common Core driven tests.

Common Cause New York, the good government group, has reported that tens of millions have been funneled to the state Republicans through L.L.C.s since 1996, when the Board of Elections ruled that an L.L.C. was no different under the law than a person.

Government watchdog groups — including the Brennan Center for Justice at New York University School of Law, Common Cause New York, the League of Women Voters of New York State and the New York Public Interest Research Group — sent a complaint to the state's Committee on Open Government while the hearing was still under way on Tuesday afternoon, alleging violations of the state's Open MeetingsState and the New York Public Interest Research Group — sent a complaint to the state's Committee on Open Government while the hearing was still under way on Tuesday afternoon, alleging violations of the state's Open Meetingsstate's Committee on Open Government while the hearing was still under way on Tuesday afternoon, alleging violations of the state's Open Meetingsstate's Open Meetings Law.

The governor has had DFS looking into the Common Retirement Fund, the $ 178.6 billion pension system for which Mr. DiNapoli is the sole trustee under state law.

BEDFORD - STUYVESANT — Two sex offenders live less than a five - minute walk from a Bed - Stuy daycare center — a circumstance that's common throughout the city and is legal under a loophole in state law, according to a new Senate report.

The school lotteries, which are required under the state's charter law when a school is over capacity, provide a way to answer the common complaint that the charter school applicants are «different» from their peers in the traditional public schools.

The administration has also ignored red flags raised by peer review panels it has put in place to vet the submitted proposals — including concerns that states didn't present their proposals to American Indian tribes as required under both the waiver process (as well as under federal and state laws), and that D.C.'s plan for implementing Common Core reading and math standards was not «realistic and of high quality».

Thus, the new law all but guarantees that Common Core State Standards — or a close imitation under a different name — will likely remain in place in most states.»

In order to be considered married, you and your spouse must be living together as husband and wife, living together in a common law marriage recognized by your state, married and living apart but not legally separated, or married but separated under a divorce decree which is not final on the last day of the tax year.

In a Chapter 7 case, the most common type of personal bankruptcy, the court doesn't allow an individual to keep their assets, but most exemptions allowed under state and federal law are large enough to cover a secured debt such as a house mortgage a car loan.

The New Mexico Attorney General's office has sued Fastbucks for providing unconscionable loans to New Mexico citizens, both under the common law unconscionability doctrine and the state's Unfair Practices Act's unconscionability provision.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

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In that case, the Supreme Court ruled that companies may not be forced by the states under common law to stop dumping harmful carbon dioxide into the atmosphere.

[1] Put differently, if, as the courts have repeatedly stated, [2] the class action is only a procedural device that does not alter the substantive law, has the payment of settlement monies to non-parties expanded the remedial choices normally available to a wronged party under either the common law or statute?

This ruling has substantially limited the use of the ATS in transnational cases, but does not deter cases brought under state common law.

[Where state trooper took affirmative action of allowing police dog to be off leash, there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts Tort Claims Act does not permit actions under strict liability.]

In many cases, the regulation of common carriers falls under state and federal law, which enforces a duty of care that buses and other common carriers must follow, such as:

Under New York State law, a bus is considered a «common carrier.»

He regularly represents lenders and financial institutions in a variety of consumer finance litigation matters, including disputes under TILA, RESPA, FCRA, ECOA and FDCPA, state law UDAP claims, and a variety of common law claims.

This authority arises under state common law, rather than federal law, so the relevant legal authority would differ from state to state, but would be present in almost every state.

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Under the common law in theUnited States, the employer - employee relationship is governed by the doctrine of «employment at will.»

Common carriers, under California state law, have a heightened duty of care to passengers and guests.

These cases often involve claims brought under TILA, HOEPA, RESPA, FCRA, FDCPA, ECOA, the Fair Housing Act, state unfair and deceptive practices statutes (UDAP), privacy laws, and the common law.

As stated previously, under Maine common law, a plaintiff alleging defamation must show a false and defamatory statement published without privilege to a third party resulting in harm to the plaintiff.

We represent businesses in toxic tort and common law actions, white collar crimes, CEQA actions, Proposition 65 actions, CERCLA and state Superfund cost recovery and contribution actions, as well as government agency enforcement actions arising under CERCLA, RCRA, CWA, CAA, and other federal, state, regional and local laws.

The Federal Circuit also stated that when Congress adopted the Patent Act of 1952, a laches defense existed among the «exceptions» to defenses allowed for Section 286 under the existing common law, which included «unenforceability.»

Although today most real estate laws are based upon federal and state statutes, there are still cases in which there are unique issues which arise that require judges and lawyers to follow the decisions of judges which were established under the common law system.

Finally, it states that under the common law, a judge also has «the authority to order a publication ban where various principles, including the effects on the accused's right to a fair trial, on the right to freedom of expression and on the administration of justice, are weighed».

«Victorious Lawyer in Climate Case Still Critical of Plaintiffs» Strategy»: Lawrence Hurley of Greenwire has an article (via The New York Times) that begins, «The top government lawyer who successfully argued a major climate case before the Supreme Court this year has criticized his erstwhile opponents for claiming states should be able to sue polluters over greenhouse gas emissions under federal common law.»

Legal claims brought against a Sovereign State or its instrumentalities by a foreign investor under a bilateral or multilateral investment treaty, or a contract or a domestic investment law, require a legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the world.

Privileges were, under the final enactment, left to the common law or to state law, depending on the kind of case; and a compromise was reached cutting back on liberalization of the hearsay rule.

The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus.

In addition, she has significant experience representing companies defending class actions under consumer protection statutes and state common law.

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

Furthermore, If you are working with a licensed real estate agent under an agency agreement, (i.e., a conventional, full - service commission agreement in which the agent agrees to represent you), your agent will be bound by common law (in most states) to a fiduciary relationship.

The remaining states use common law, under which the obligation to repay is that of whoever has signed the note, and assets are owned by the party whose name or names are on the mortgage or deed of trust.

However, the creditor can communicate to those consumers who are confused that the total amount of the title insurance premiums shown on the Loan Estimate are the same as the total amount of the title insurance premiums calculated under State law or common practice that are disclosed or advertised by title underwriters and title agents.