Sentences with phrase «immunity law on»

«Despite this, and despite the terrible impact of Michigan's drug immunity law on victims and taxpayers in that state, Wisconsin may be headed in the same direction, stripping away residents» access to the civil justice system and granting negligent companies extensive immunity.

Not exact matches

There is an item in today's Financial Review on cartels and the immunity process: see Hannah Low, «Cartel laws «fail whistleblowers» (Australian Financial Review, 11 July 2014, page 32)

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

Courts have generally held that due to this dual nature tribes have immunity from federal civil cases, most of the time, and are not subject to laws of States the reservation is on.

«I am here in Zenith bank, Ado Ekiti, I got a wind that the EFCC blocked my account and the accounts of some of my associates and I see this as very illegal, if you want to fight corruption, you fight corruption based on the rule of law, I am a sitting governor and under section 308 of the Nigerian constitution, I enjoy immunity.»

MADISON, Wis. (AP)-- A Democratic prosecutor says a lawsuit alleging Republicans violated Wisconsin's open meetings law in the run - up to passing Gov. Scott Walker's divisive union rights law can go on despite their immunity claims.

Colin Fricker, the director of legal and legislative affairs for the Direct Marketing Association, believes the registrar already has enough powers to investigate, provided that the government does not claim immunity from the data protection laws on national security grounds.

Scalia focused on the general understanding of the terms «equal protection of the laws,» «due process of law,» and «privileges and immunities» in the late 1860s and thereafter.

The U.S. Supreme Court agreed last week to reconsider one of its important precedents on qualified immunity, which protects public officials such as educators and police officers from liability when their challenged actions did not violate clearly established law.

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 proceedinLaw 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 proceedinlaw 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.

In 1954, the Supreme Court in its landmark Brown v. Board of Education decision ruled that separate school facilities based on race are inherently unequal and thus in violation of the 14th Amendment which states, in part: «No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.»

Other notable changes this year included Oklahoma's (17) and Pennsylvania's (42) increased penalties for harming a police animal, Colorado's (8) increased animal fighting penalties, Delaware's (12) new prohibition on leaving an animal unattended in a motor vehicle, and Tennessee's (22) new law providing civil immunity for forcibly removing an animal from a hot car.

With the new research being done on rabies immunity http://www.rabieschallengefund.org, hopefully research will soon be published documenting very long term immunity to rabies as well as likely 5 - 10 years at least, so that hopefully we can get the laws changed.

You'll need to discuss the revaccination schedule with your veterinarian, as it will depend on local or state laws and the duration of the vaccine's immunity.

All privileges and immunities of the German nobility as a legally defined class were abolished on August 11, 1919 with the promulgation of the Weimar Constitution, recognising all Germans as equal before the laws of their country.

Animal Folks also took legal action against the USDA for the removal of animal welfare documents, and they are working on a bill that will give immunity to Minnesota veterinarians who report suspected animal cruelty to law enforcement.

Functional immunity arises from customary international law and treaty law and confers immunities on those performing acts of state (usually a foreign official).

However this power «enjoys any form of immunity from the rules of the EC Treaty on freedom of establishment, can not, in particular, justify the Member State of incorporation, by requiring the winding - up or liquidation of the company, in preventing that company from converting itself into a company governed by the law of the other Member State, to the extent that it is permitted under that law to do so».

The pleas of state immunity fail, as the interests or activities covered by the UN Convention on Jurisdictional Immunities of States and their Property 2004, art 6 (2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their own laws.

The court then analyzed whether a true conflict existed between Pennsylvania and Delaware law and concluded that no true conflict existed because Pennsylvania and Delaware both afford a general contractor such immunity, albeit on different bases.

In particular, as part of a more qualitative approach, one needs to have a look whether the current perceived «turbulences» have also by now reached the more fundamental layers of international law, i.e. meta - rules such as the ones on sources, State responsibility, State immunity, treaty interpretation, or res judicata effect of international court decisions must be abided by the parties involved, to name but a few, the general acceptance of which is indispensable for a functioning international legal system.

46 To that end, it should be noted that, on the basis of customary rules of general international law and those of multilateral agreements, the Head of State enjoys a particular status in international relations which entails, inter alia, privileges and immunities.

The general rule is the a national government has sovereign immunity from the claims of everyone for any reason, unless that nation's law expressly permits such lawsuit, and even when such lawsuits are allowed, they are only allowed on the terms and conditions of the government being sued when it waives its sovereign immunity in whole or in part.

Because of her findings on the limitations period and the law society's immunity, the judge determined it was not necessary to comment on any of the other grounds Gillis had raised.

Advising an international organization that functions as a Central Bank on its legal personality and immunity under both international law and UK law and on UN and UK economic sanctions

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

UK National v. State Official from Middle Eastern State (confidential): Advised the claimant on state immunity in respect of a potential private international law civil claim.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

Jessica Wells is currently appearing in the Supreme Court in an appeal concerning the interaction of the principles of international law on state immunity, Articles 6 and 14 of the European Convention on Human Rights and Article 47 of the EU Charter on Fundamental Rights and Freedoms, in the context of employment claims against embassies.

The Court went on to carry out a similar comparative law exercise with respect to s. 4 (2)(b), which requires an individual to be either British or British - resident when they are hired in order to benefit from the section's exception to the general state immunity.

In doing so, it placed especial emphasis on the fact that a similarly structured provision was dropped from the final text of the UN Convention on Jurisdictional Immunities for States and their Properties 2004, as it was considered contrary to the principle of non-discrimination on grounds of nationality, one of the cornerstones of international law.

While I agree that the Presiding Officer's decision was correct in law and within a range of reasonable outcomes, this case raises concern that the Court's broad application of the self - incrimination immunity exception to one class may have adverse effects on the public.

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-...]

Reference was made to Egyptian law (which has a restrictive doctrine of state immunity) which is sometimes a point of reference for courts but no attempt was made to show that its law on the point was applicable.

That jurisdiction is founded on statutory provision which requires the law of the DIFC to be first applied and only in absentia to move on to the cascading subparagraphs» provisions, of which the last is the law of England and Wales, which for reasons which are apparent, in the light of the decisions of the English Courts set out above (Burton J and Briggs LJ) on the absence of immunity of the KRG in the present case, does not assist the KRG.

The Court of Cassation rejected that defence of state immunity, founded, as it appeared to be, on the two conventions referred to, stating that the jurisdiction of the Dubai Courts includes all disputes save for those of a special nature as set out in Article 102 of the UAE Constitution and laws, decrees, bye - laws regulations, orders and instructions issued by the Ruler or His duly appointed delegee.

Lord Collins» judgment on this point is referred to by Lady Fox in her book, The Law of State Immunity (3rd Edition) at page 379 as the corrected view of the law prior to the 1978 ALaw of State Immunity (3rd Edition) at page 379 as the corrected view of the law prior to the 1978 Alaw prior to the 1978 Act.

Sean advises regularly on international law matters, including questions concerning treaty interpretation, State immunity, investment protection, sanctions, human rights, international humanitarian law and dispute settlement procedures.

This Article was not relied on by the KRG but is of some relevance to the debate in which the KRG contended for the applicability of what it termed «common law» in the context of state immunity.

Co-presenter at the 2014 MLRC / NAA / NAB Media Law Conference in Reston, VA, leading discussion on current First Amendment topics in areas such as defamation, publication torts, and Section 230 Immunity.

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

Even though France ratified the United Nations Convention on Jurisdictional Immunities of State and their Property of 2004 (UNCSI) with Law No. 2011 - 734 of June 28, 2011, contrary to Japan, Spain and Sweden, France did not incorporate the Convention into domestic lLaw No. 2011 - 734 of June 28, 2011, contrary to Japan, Spain and Sweden, France did not incorporate the Convention into domestic lawlaw.

Represented Republic of Congo (Brazzaville) in action to collect defaulted loan obligation under Foreign Sovereign Immunities Act, creating new Ninth Circuit law on scope of «commercial activity» exception to foreign sovereign immunity.

In addition, he represents hospitals in litigation on topics such as contractual disputes, physician hearing and appeal rights, and immunity under state and federal law.

Lord Mance (with Lords Neuberger, Clarke, Wilson and Lady Hale) held that the principle of state immunity (as provided for in both customary international law and the State Immunity Act 1978) was based on the sovereign equality of states and internationalimmunity (as provided for in both customary international law and the State Immunity Act 1978) was based on the sovereign equality of states and internationalImmunity Act 1978) was based on the sovereign equality of states and international comity.

(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.

The Protocol on the privileges and immunities of the European Union shall apply to the bodies referred to in paragraph 1 in so far as they are incorporated under the law of the Union, to the members of their organs in the performance of their duties as such and to their staff, under the same terms and conditions as those applicable to the Bank.

Chris Robinette on apology immunity laws, and PA possibly becoming the 36th state to offer one up for tort cases;

The judgment therefore is interesting firstly for its discussion of CJEU weight in residual conflict of laws; secondly for the Court's view on submission and sovereign immunity — in my view very much the right one.

Incidentally, this approach can be beneficial: it has been used recently by the Italian Constitutional Court to reject the applicability in Italy of the ICJ decision on Germany immunity, being it against the «hard cre values» of the Constitution, despite being Italy boubd - as a matter of international law and treaty obligations - to apply the ICJ decision.