Sentences with phrase «immunity from liability in»

whichever period expires first, the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim.

6 (1) Notwithstanding the expiration of the relevant limitation period, when a claim is added to a proceeding previously commenced, either through a new pleading or an amendment to pleadings, the defendant is not entitled to immunity from liability in respect of the added claim if the requirements of subsection (2), (3) or (4) are satisfied.

(a) to recognise the right of a mentally competent adult who is suffering intolerably from a terminal illness to request a medical practitioner to provide medical services that allows the person to end his or her life peacefully, humanely and with dignity; and (b) to grant a medical practitioner who provides such services immunity from liability in civil, criminal and disciplinary proceedings.

Not exact matches

This legislation effectively gives ISPs and other internet intermediaries virtual blanket immunity from liability for anything published on their networks or sites, (although there is an exception in the legislation for intellectual property infringements).

The policy provides immunity from liability for those evaluating a student athlete during practice or an athletic competition, other than in acts or omission constituting gross negligence or wilful, wanton misconduct.

The statute also provides immunity from civil liability for a health care provider who is a volunteer and provides clearance to participate, except in cases of gross negligence or wanton or willful neglect.

The statute provides immunity from liability of civil damages resulting from an act or omission in the rendering of an evaluation for a licensed health care provider acting as a volunteer who in good faith authorizes a student athlete to return to play.

It also provides for immunity from civil liability for the use of an automated external defibrillator unless the person was grossly negligent in the use.

The statute provides immunity from liability for civil damages resulting from any act of omission to a volunteer who authorizes a youth athlete to return to play, except in circumstances of gross negligence or willful or wanton misconduct.

She said the bill will also include immunity clauses to protect from legal liability in case someone dies in a facility.

Judge Carlos Lucero, in a partial dissent, argued against such immunity: «The notion that a device manufacturer is immune from liability for harm caused by its device when the manufacturer has pushed the device for a use that the [U.S. Food and Drug Administration] never approved is neither logical nor consistent with the Supreme Court's prior rulings about the scope of preemption of claims arising from harm caused by medical devices.»

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

Key factors the study looked at in assigning grades were whether state law mandates the appointment of attorneys for children in dependency proceedings; whether these attorneys represent the children in a client - directed manner; whether the representation continues throughout the case, including appeal; whether states provide attorneys with specialized training; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children.

Immunity laws are not the only statutes on the books protecting cities and counties from liability in slip and fall accident cases.

Presidential immunity from liability is limited to the conduct of the President while holding the office in furtherance of the governance duties of the President.

When governmental immunity exists, government entities are protected from liability in the course of their actions.

Although Makin referred to immunity in the context of legislative and policy - making functions, the Court of Appeal used the case to conclude that «Protecting administrative tribunals and their members from liability for damages is constitutionally legitimate» (at para 29).

Avvo General Counsel Josh King on the Supreme Court's decision in North Carolina Board of Dental Examiners v. Federal Trade Commission: The court made no bones about it, siding with the FTC: the regulatory bodies of self - regulated professions (like dentistry and the law) only get immunity from antitrust liability if they are «actively supervised» by -LSB-...]

(c) Any person who, in good faith, relies on a copy of an Authorized Relative Certification shall have the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided by Illinois law.

885, 890 (2)(2009)(noting that «arresting a person for conduct occurring in an officer's presence is a discretionary act»), and therefore official immunity shields the officer from liability unless he performed the arrest with «malice or intent to injure,» id.

Is there in fact explicit legal immunity from any liability for this practice?

Traditionally, such attempts have been roundly rebutted by invoking absolute judicial immunity, which protects those involved in proceedings (or in their preparation) from liability.

To clarify, plea bargaining does not constitute extortion and prosecutors have absolute immunity from criminal or civil liability for their official acts in prosecuting cases.

The function of absolute immunity in the performance of judicial duties is not to shield members of the judiciary from liability for their own misconduct, but rather «to protect their offices from the deterrent effect of suit alleging improper motives where there has been no more than a mistake or a disagreement on the part of the complaining party with the decision made.»

In their decision, a majority of judges found the act, passed in 1982, is «a complete codification of Canadian law» that grants states like Iran or Syria immunity from civil liability in Canada for acts of torture committed abroaIn their decision, a majority of judges found the act, passed in 1982, is «a complete codification of Canadian law» that grants states like Iran or Syria immunity from civil liability in Canada for acts of torture committed abroain 1982, is «a complete codification of Canadian law» that grants states like Iran or Syria immunity from civil liability in Canada for acts of torture committed abroain Canada for acts of torture committed abroad.

In some areas of the law, however, the government does not enjoy complete immunity from civil liability for negligence, and this includes roadway maintenance.

Individual members of the board, its executive director, and all staff persons assisting them shall have absolute immunity from civil liability for all acts undertaken in the course of their official duties pursuant to these rules.

Unlike in the US, the host's immunity from liability for infringement does not depend on taking down the offending content.

Government officials in the United States enjoy broad immunity from personal and criminal liability for «official» actions.

In 2008, the Court held that FDA - approved medical devices have complete immunity from product liability cases, even in instances when the devices have proven to be unsafe or defectivIn 2008, the Court held that FDA - approved medical devices have complete immunity from product liability cases, even in instances when the devices have proven to be unsafe or defectivin instances when the devices have proven to be unsafe or defective.

Not only would both bills eviscerate the immunity from liability for user - generated content that Internet intermediaries have under Section 230, the bills would also amend the federal criminal sex trafficking statute to sweep in companies who may not even be aware of what their users are doing.

immunity Legal protection from civil or criminal liability for individuals making reports in good faith of suspected or known instances of child abuse or neglect.