Sentences with phrase «court claims are brought»

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Claims above the small claims limits must be brought in provincial courts through regular court proceedings, which are invariably expensive, time consuming, and backlClaims above the small claims limits must be brought in provincial courts through regular court proceedings, which are invariably expensive, time consuming, and backlclaims limits must be brought in provincial courts through regular court proceedings, which are invariably expensive, time consuming, and backlogged.

5 Although the court did not address private enforcement, it is worth noting that it does not appear that a private party could bring a claim under the CEA for fraud or manipulation in connection with the purchase or sale of virtual currencies.

You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.

Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you.

He then brought a suit demanding his freedom in St. Louis County Court under Missouri law, claiming that he was legally entitled to be free by virtue of having resided in a free state or territory.

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the English courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no breach of EU law because «if a teacher brought a claim against a school (on the basis that the school, as an employer, had discriminated against them in their remuneration, for example), then the court or tribunal would consider the legislation in this wider context.

If a new report truly is a false statement of fact that causes harm to someone's reputation, and if the news reporter has no actual factual basis for the factual claim, the First Amendment does permit the courts to impose both civil and criminal liability for the false statements, with civil suits brought by someone who is harmed and criminal liability enforced by the government.

In reality, the court denied Nilsen even permission to bring a claim, as there was no arguable case that any of his human rights were being breached.

@Anixx When you are a witness in a criminal case, you claim you don't remember anything and a court finds that to be very unlikely, it can bring you in trouble for obstruction of justice in some jurisdictions.

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

According to Chairman Christopher St. Lawrence, problems arose when insurance companies mistakenly sent reimbursement checks meant for ambulance services to patients, who were notified of the error but did not always return the funds and had to be brought to small claims court to recover the money.

A state Supreme Court judge has tossed claims brought against Vineyard 48 by the New York State Liquor Authority, which was seeking to a reverse a decision that allows the Cutchogue winery to remain open as its legal matters are sorted out.

Earlier this month, a state supreme court justice quickly dismissed a challenge to Cruz's ballot status brought by two individuals who claim the senator's birth in Canada makes him ineligible to run for president under the Constitution's requirement that anybody serving in this office be a «natural born citizen.»

Saylor's claim, which will be heard in Buffalo City Court on June 8, seeks payment of about $ 3,800 she says Artvoice founder and editor Jamie Moses withheld from her and 17 other artists after a disappointing turnout at the event brought in less money than expected.

A High Court claim brought by donor Michael Foster is currently against one named defendant - the party's general secretary Iain McNicol, who is being sued in a representative capacity.

The court documents also claim that when Mr. Lake's termination was brought up before the Town Board, Mr. Flatley opposed it.

Among the proposed laws is a bill that would create a «rebuttable presumption,» which would mean a tenant would not have to prove intent in order to bring a harassment claim against a landlord in court.

The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small - claims court of competent jurisdiction.

The U.S. Supreme Court last week let stand a lower - court decision finding that Arizona school districts could be sued for damages in federal court, in a case brought by an employee who claimed she was fired for objecting to district requests that she affix a flagpole to her wheelchair to make her more visible to studCourt last week let stand a lower - court decision finding that Arizona school districts could be sued for damages in federal court, in a case brought by an employee who claimed she was fired for objecting to district requests that she affix a flagpole to her wheelchair to make her more visible to studcourt decision finding that Arizona school districts could be sued for damages in federal court, in a case brought by an employee who claimed she was fired for objecting to district requests that she affix a flagpole to her wheelchair to make her more visible to studcourt, in a case brought by an employee who claimed she was fired for objecting to district requests that she affix a flagpole to her wheelchair to make her more visible to students.

The studies used to claim that NCLB requires a 20 to 35 percent increase in school funding are similar to those brought to court in Massachusetts.

Since the first widely publicized case in which a claim of educational malpractice was made — a 1976 California suit brought by a high - school graduate who charged he was illiterate — state courts, including New York's, have continued to turn...

The education community should be watching to see how the Supreme Court rules on a housing case from Dallas which considers whether plaintiffs can bring «disparate impact» claims under the Fair Housing Act (FHA).

The program has not been without its difficulties — a court challenge brought by the state's teacher and school boards associations has sought to eliminate school vouchers on the claim that they unconstitutionally divert public funds away from public coffers, among other reasons.

Rather than the current mode of bringing in attorneys, a small claims court lets individuals take legal action that is typically much faster and far less expensive, although the judgments and settlements tend to be on the small potatoes scale.

IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND / OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS).

However, in the event that any action is ever brought related to claims against CR Publishing LLC, the parties agree that exclusive jurisdiction of such claims shall be with The Chester County Court of Common Pleas in Chester County Pennsylvania.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

The inventor usually knows this and will take a moment before bringing a costly suit against a worthy competitor who would be able to show the invalidity of the claim in the court of law.

Ha.The California - based Newport Trial Group brought the suit in a U.S. District Court on behalf of individuals seeking restitution for these false claims, which are thought to be responsible for a significant amount of Fiji's increased market share.

And the route to justice is so much simpler than for defamation: the claim can be brought in the county court, the issues are simple, jury trial is not available and you might even obtain legal aid, while stocks last.

Tomorrow, Tuesday 27th March, an application for a Group Litigation Order will be heard at the High Court of Justice as part of a three - day hearing to decide the deadline for claims to be brought against Volkswagen in England and Wales.

«Justice is asking the court to take these well - established rules to the logical next step and recognize that as a member of the class intended to be protected by Oregon's anti-cruelty statute, Justice may bring a negligence per se claim based on the standard of care in the anti-cruelty statute.»

For example, as opposed to investor - state dispute settlement a requirement to exhaust local remedies could be established akin to the requirement before ECHR claims can be brought by individuals before the European Court of Human Rights.

Fifth, private claims before MS courts are launched according to MS procedures, while before the CJEU a private party can bring a case directly as an action for annulment (Article 263 TFEU), an action for failure to act (Article 265 TFEU) and an action for damages (Article 268 & 340 TFEU), or indirectly via the preliminary reference procedure (Article 267 TFEU).

The High Court ruling — only the second successful follow - on damages claim brought under the Competition Act — resulted in Comair being awarded damages, including interest and costs, that came to around ZAR1.15 bn (# 60m).

The optimal outcome for investors is if they have the possibility to bring a claim based on an EU FTIA before an investor ‑ state tribunal and before domestic courts, while the optimal outcome for civil society is if investors can not bring an FTIA claim before any of the two judicial avenues; (ii) problems facing the domestic enforcement of ISDS awards; (iii) the need to keep the investment protection standards in the agreements or not.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

In allowing the appeal as it related to «collective» claims by creditors, the Court of Appeal observed that there are no policy reasons for artificially limiting the procedural options open to a Trustee in fulfilling its core obligation of bringing in the assets of the bankrupt.

While it appears that no recorded cases have considered human rights legislation in the context of patients with rare diseases seeking treatment, this avenue has been successful in analogous situations, and thus a review of cases sheds light on how courts may decide claims brought by patients with rare diseases.

Thus, claims can be brought to challenge both EU and MS measures before the CJEU or MS courts for their compatibility with various international agreements.

Shadi Amin, otherwise known as Soheila Amintorabi, brought claims against Arsham Parsi, otherwise known as Alireza Abrishami, in Toronto Small Claims Court because she believed he was behind anonymous posts on multiple websites and letters sent to Amnesty International and thclaims against Arsham Parsi, otherwise known as Alireza Abrishami, in Toronto Small Claims Court because she believed he was behind anonymous posts on multiple websites and letters sent to Amnesty International and thClaims Court because she believed he was behind anonymous posts on multiple websites and letters sent to Amnesty International and the BBC.

Two Supreme Court of Canada cases will be relevant to any claim brought under section 15.

ICBC argued she should not be awarded costs as the action could have been brought in small claims court.

Thus, in Gradek the Court accepted the trial judge's finding that Mr. Gradek, due to language difficulties, required the assistance of counsel and it would be unjust to require him to bring his claim in the Small Claims Court where he would be denied costs that would partially offset the expense of retaining counsel (para. 18).

Nevertheless, the arguments are frequently crunched through, probably because of an important Illinois Supreme Court ruling from 1990 which is still good law, Rollins v. Ellwood, involving claims brought against a Baltimore police officer, among others, sounding in intentional tort for his role in the apprehension of a misidentified criminal defendant and Illinois resident in Illinois, for which the Court found the officer was not subject to Illinois jurisdiction.

While the BC Supreme Court Rules generally deprive a Plaintiff of costs who bring an action to trial that could have been brought in small claims court the BC Court of Appeal clarified that having «sufficient reason'to sue in the BC Supreme Court is not limited to quantum of damages aCourt Rules generally deprive a Plaintiff of costs who bring an action to trial that could have been brought in small claims court the BC Court of Appeal clarified that having «sufficient reason'to sue in the BC Supreme Court is not limited to quantum of damages acourt the BC Court of Appeal clarified that having «sufficient reason'to sue in the BC Supreme Court is not limited to quantum of damages aCourt of Appeal clarified that having «sufficient reason'to sue in the BC Supreme Court is not limited to quantum of damages aCourt is not limited to quantum of damages alone.