Sentences with phrase «for willful»

The PCDA was held not to create a strict liability cause of action or any cause of action for willful misrepresentation in the PCDS.

2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate

The FLSA subjects employers to civil monetary penalties of up to $ 1,100 per violation for willful or repeated violations of the FLSA, and allows an aggrieved employee to bring a private claim for: 1) back pay; 2) an equal amount in liquidated damages; and 3) reasonable attorneys» fees.

I believe it is more an indication that the agent should not be responsible for willful deceit by his clients.

Boy did I wind up paying for my willful ignorance later on!

S. 1145 would also have clearly defined situations in which defendants would be liable for willful infringement, which can result in treble damages for the losing party.

As a result of that case, enhanced damages are now only available for willful patent infringement that is at least «objectively reckless.»

July 22, 2014)(unpublished), plaintiff sued four defendants (an insurance agency, an insurance brokerage company, and certain agents) for willful violation of trade secrets.

New provisions for offences and fines for willful and deliberate contravention of these new requirements were imposed by the Digital Privacy Act.

The Fifth Amendment does not protect the recipient of such income from prosecution for willful refusal to make any return under the income tax law.

Nobody was there for the bank on the May 2012 court date, so the judge gave both Ed and Ann $ 2000 for willful damages and $ 834 in legal fees.

Since the Recreational Property Act applied to the land at issue, the pertinent question was reduced to whether there was a genuine issue of material fact as to whether the exception for a willful or malicious failure to guard or warn applied.

Thus, Article 22, entitled «Scope of Application,» states that the «Treaty shall apply to offenses specified in Article 2 committed before and after this Treaty enters into force,» and Article 2 directs that» [e] xtradition shall take place, subject to this Treaty, for willful acts which fall within any of [the extraditable offenses listed in] the clauses of the Appendix.»

In 2010, Alabama amended its trade secret law to increase the minimum civil penalty to $ 10,000 for willful and malicious misappropriation of trade secrets.

Ninth Circuit confirmed bankruptcy court's inherent authority to impose sanctions under 11 U.S.C. 105 (a) in favor of chapter 7 trustee for willful violation of the automatic stay.

[2] It should also be noted that the Federal Circuit has ruled similarly on the issue of enhanced damages for willful infringement — that a reasonable belief that a patent is invalid prevents the satisfaction of the first, objective recklessness prong under Seagate (497 F. 3d 1360 (Fed.

Second, the Act contains AMPs for willful false statements (a full mens rea AMP provision) and for summary conviction and indictable offences for flagrant non-compliance.

You're just gonna have to find some other justification for your willful disregard of the conclusions climate science.

«If we are in a position of being able to act, and we see something going on and we refuse to acknowledge the threat or act on it, we can be taken to court for willful blindness.»

Apparently not, since Gore's movie, book, and traveling road show are generally praised by scientists for accuracy with some nitpicking thrown in, while Monckton's continuous output is generally panned by scientists for his willful and mendacious avoidance of accuracy.

Yet these beautiful ballerina goddesses are dangerous, in a violent rage against humans for their willful and continual destruction of Earth.

But while there's no doubting Curry's energy or the diversity of his sources, genuine sympathy for the artist's project hinges on one's tolerance for willful — albeit playful — ugliness.

Many people just aren't prepared for the willful disobedience and hard - headedness in this breed.

First of all, it's essential that you establish routines for your willful Shorkie puppy.

This command can be a little hard for your willful Blue to master because it involves some degree of submission.

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

Under the new law, taxpayers are also subject to penalties of up to $ 1,000 for underreporting capital gains taxes, and up to $ 5,000 for willful disregard of the law or reckless conduct in reporting capital gains taxes.

Those categories include debts for alimony and child support; money obtained through filing false financial statements; debts for willful and malicious injury to person or property; debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated; and debts from fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny.

Winner of the Suntory mystery fiction Grand Prize for Death at La Fenice Winner of the Golden Book award from the Austrian Booksellers Association International Deutscher Krimi Preis, 3rd Place, for Dressed for Death Winner of the CWA Silver Dagger award for Friends in High Places Winner of the Chorine — International Book Prize for Willful Behaviour Winner of the Spoken Word Awards Silver Award for Blood From a Stone One of Time Magazine «s 6 Detective Series to Savor Named as one of The Times (London) Fifty Greatest Crime Writers

Under the Equal Pay Act, a complainant may file a civil action within 2 years (3 years for willful violations), regardless of whether he or she has pursued an administrative complaint (29 CFR 1614.409).

77 % of this reduction in total suspensions is attributable to fewer suspensions in the category of disruption or willful defiance,» demonstrating the impact of legislation like AB 420 and district policies that ban suspension for willful defiance (Losen, et al., 2015, p. 4).

Some districts have begun to look into mandating alternatives to suspension for willful defiance.

The report also called out state officials for their willful blindness to charter school practices.

Los Angeles, for example, there's a bill in California that would reduce the suspensions for willful defiance and disruption.

The statewide ban is similar but less comprehensive than those enacted in some of the local jurisdictions: California public - school students can no longer be expelled for willful defiance and children in grades K - 3 can no longer be suspended.

In recent years the state Legislature has outlawed suspensions for willful defiance of school authorities and disruption for grades K - 3 as data have overwhelmingly showed that these suspensions are disproportionately meted out to students of color and those with disabilities.

Suspensions for willful defiance — defined by state law as disrupting school activities or otherwise defying school staff — dropped 79 percent among African - Americans.

At the time of AB420's signing by Governor Jerry Brown, willful defiance was the most common offense for out - of - school suspensions, particularly for minority students.2 However, its use was already in decline, as several districts, including Los Angeles and San Francisco, had previously taken steps to limit expulsions and out - of - school suspensions, regardless of the grade, for willful defiance.3

(Calif.) Schools will no longer be able to suspend or expel any student for willful defiance no matter their age under a bill that moved out of the Senate education committee Wednesday.

And in 2013, the Board of Education, following Deasy's lead, banned suspensions for willful defiance, a policy that recently became state law.

do not seem to exhibit the penchant for willful defiance that features so prominently in some of the other books, and at year's end most things turn out all right.

Yet most of the students at Pennsbury do not seem to exhibit the penchant for willful defiance that features so prominently in some of the other books, and at year's end most things turn out all right.

In addition, in response to data that revealed disparities in discipline between minority and white students, Washington, DC, pushed for more data transparency and specialized annual Equity Reports, and California lawmakers eliminated suspensions for willful defiance.

But this blithe desire to reinvent herself is par for the course for the willful, oblivious, funny and achingly sincere young woman Ronan animates with a delicious performance that is natural, unaffected and absolutely on target.

And I could see putting it in the bottom tier for its willful obscurity and utter lack of interest in the usual aesthetic and emotional compensations of cinema.

Admittedly stunning visual style and left field music can't quite compensate for the willful eccentricity which often seems forced and unnecessary.

The most severe penalty, for willful trade in species known to be endangered, is capped at $ 50,000 and / or one year in jail.

The state education commissioner can remove a board member for willful violation or neglect of duty, or for disobeying a law, or a decision, order or regulation of the commissioner or the Board of Regents.

They never succeeded and I'm sure they spent plenty of time imagining how poorly it would turn out for my willful son and his «pushover» mommy.

In support of the Five Freedoms of animal welfare, we require our suppliers to have a zero tolerance policy for willful acts of animal abuse and neglect.