Sentences with phrase «contracts under the statute»

Florida Statute 627.737 relates to insurance policies (called contracts under the statute) and car accidents, and other motor vehicle accidents, that occur in the State of Florida.

Not exact matches

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).

* While credit cards are open accounts and thus don't fall under laws governing written contracts, Arizona passed a law in 2011 lengthening the statute of limitations on them to six years.

The collective bargaining bill stalled in the Wisconsin Legislature can modify state statutes, said Madison attorney Lester A. Pines, but lawsuits could pop up over whether abolition of bargaining rights supersedes the ability of union employers to withhold dues under existing contracts.

Charter schools are nontraditional specialty schools operating under a contract that outlines powers, responsibilities and performance expectations replacing many state statutes governing public schools.

Under written credit contracts such as car loans, mortgages, and so forth, creditors retain the right to decide which state to sue in, so always expect creditors to choose the state with the longest statute of limitations and / or the state with the greatest amount of award!

Also covered under most State's statutes of limitation are oral agreements, promissory notes, written contracts, loans, mortgages and car payments as well as foreign and domestic judgments.

State statutes of limitation on debt collection apply to open ended contracts such as credit cards and store credit accounts and contracts for sale under the Uniform Commercial Code (UCC).

It depends on the contract but generally adding a «signed under seal» will enforce a longer statute of limitations.

And remember that the disapproval resolution requires only 51, not 60 votes in the Senate, under the rules of the enabling statute, the Congressional Review Act of 1996 (signed by President Clinton, and part of the Republican «Contract with America»).

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).

She has experience in handling investigations and prosecutions brought under a wide variety of federal criminal statutes, including banking fraud, health care fraud, bitcoin schemes, computer crimes, securities fraud, mail and wire fraud schemes, Ponzi schemes, insider trading, government contracting fraud, commercial bribery, Anti-Money-Laundering violations, and conspiracy offenses.

Another example requiring signatures is the statute of frauds as it applies to contract modifications that, while alone do not require signatures and written agreements, if together the original agreement and new modificed agreement would fall under the statute of frauds, then signature and written agreement is required.

Also, under the statute of frauds, absent a writing and the signature of the party against whom the contract will be enforced, a court can only enforce an oral agreement if part performance has been established.

(Under the old rule, for example, fees recoverable by contract would be subsumed in the offer; fees recoverable by statute would not.)

(2) The rights and interests of a beneficiary for value under a contract that was in force immediately before the 1st day of July, 1962 are those provided in Part V of The Insurance Act, being chapter 190 of the Revised Statutes of Ontario, 1960, as it existed immediately before that day.

«Under the statute's plain meaning, therefore,» writes Justice Ming Chin, «an employer can not by contract restrain a former employee from engaging in his or her profession, trade, or business unless the agreement falls within one of the exceptions to the rule.»

... We affirm because the requirement that prenuptial agreements be in writing under California law is a statute of frauds provision, and to satisfy the statute of frauds, a writing must state with reasonable certainty what the terms and conditions of the contract are.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

The first law provided Mexico's tax court with the exclusive jurisdiction over claims relating to public contracts (which the dispute in the arbitration arose under) and moreover, retroactively changed the statute of limitations to make a claim under public contracts from 10 years to 45 days.

After moving for $ 241,647.20 in attorney's fees under Business and Professions Code section 7168 (a fee shifting statute allowing mandatory fees to a «prevailing party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

Mr. Tucci provided an overview of the False Claims Act (FCA) and the various theories of liability that have advanced under the law, including the «implied certification» theory whereby each entity that submits a claim for payment to the government (such as through Medicaid) is deemed to implicitly certify compliance with the statutes, regulations, and contract terms applicable to the subject matter of the claim.

However, the use of the expressions «at will» and «a right to terminate» must not obscure the reality that the employer's right to terminate an employee without cause is a breach of contract that carries with it consequences for the employer, both under statute and at common law.

She has been with NLRG since 1990 and specializes in Bankruptcy, Creditors» Rights, Commercial Contracts, Church Law, and other issues involving commercial litigation and consumer protection issues, including issues arising under the U.C.C., Carmack Amendment disputes, employment contract disputes, and issues arising under federal and state consumer protection statutes.

Our total aggregate liability (including liability for interest) whether in contract, tort (including negligence), under statute or otherwise arising from or in connection with the services we agree to provide to you pursuant to the Engagement Letter (including any addition or variation to that document) shall be limited to the amount specified in the Engagement Letter and if no amount is specified there, to the sum of # 5 million (five million pounds sterling).

The California Supreme Court interpreted this statute to require judicial consideration of claims brought under the state statute, and accordingly refused to enforce the parties» contract to arbitrate such claims.

The first is to ensure that the parties to the contract are competent under both common law (in respect of age or mental capacity, among others) and statute, which mainly relates to the indigenisation component discussed above and any specific qualifications which may be required by a party.

The tribunal relied on the relevant statutes for their finding that when the App is switched on, a driver within the territory authorized to work, and willing to accept assignments, is under a worker contract.

the damages payable to the landlord under the statute should be assessed in exactly the same way as for a repudiatory breach of contract.

The court agreed with the state and said that if the provisions under the statute or rules or there is a contract between the parties then right to claim pension is available to employees.

BitcoinRewards will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, subject to the relevant provisions of the Australian Consumer Law, as it may apply.

Subject to any non-excludable rights and to the maximum extent permitted under the law, in no event will Relationships Australia (NSW) Limited and its employees be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials or information contained at any or all such sites, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Civil claims (those arising from fraud or negligence) are based upon Florida common law and Florida statute; however, whether or not the controversy will be litigated in a courtroom or instead forced into arbitration proceedings under the terms of a contract will depend on the disputed issue.

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.