Sentences with phrase «in willful misconduct»

Therefore, the family court must find the allegedly at fault party engaged in willful misconduct, bad faith, intentional dissipation of marital assets, or the like before it may alter the equitable distribution of marital property based on economic misconduct.

Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs or the misuse of controlled substances.

If an employee has engaged in willful misconduct or the employer has other «just cause» for termination, they are not required to provide reasonable notice or payment instead of notice.

Not exact matches

«Responsibility remains so diffuse, and top executives so insulated,» Holder said in 2014, «that any misconduct could again be considered more a symptom of the institution's culture than a result of the willful actions of any single individual.»

Cape Air assumes no responsibility or liability for loss or damage to unchecked, carry - on baggage, or carry - out baggage, unless the loss or damage occurred while in the sole custody of Cape Air or was caused by the sole negligence or willful misconduct of Cape Air.

However, the preceding liability exclusion will not protect the Sponsor against any liability resulting from its own gross negligence, willful misconduct or bad faith in the performance of its duties.

In fact, the court did not rule on whether alcoholism is a disease or willful misconduct.

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.

All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice.

You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Claims.

For example, nearly half of all suspensions issued in California public schools during the 2011 — 12 school year were for «willful defiance,» a category of student misconduct that includes refusing to remove a hat or turn off a cell phone, or school uniform violations.

Any member of the district administrative or supervisory staff, including any principal but excluding an employee specified in subsection (4), may be suspended or dismissed at any time during the term of the contract; however, the charges against him or her must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of, or entering a plea of guilty, regardless of adjudication of guilt, any crime involving moral turpitude, as these terms are defined by rule of the State Board of Education.

Just cause includes, but is not limited to, the following instances, as defined by rule of the State Board of Education: immorality, misconduct in office, incompetency, two consecutive annual performance evaluation ratings of unsatisfactory under s. 1012.34, two annual performance evaluation ratings of unsatisfactory within a 3 - year period under s. 1012.34, three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory under s. 1012.34, gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude.

The discipline policy shifts by a range of governments have yielded real change: In 2014, California became the first state in the nation to ban «willful defiance» suspensions for its youngest students — a category of misconduct that includes refusing to remove a hat, to wear the school uniform, or to turn off a cell phonIn 2014, California became the first state in the nation to ban «willful defiance» suspensions for its youngest students — a category of misconduct that includes refusing to remove a hat, to wear the school uniform, or to turn off a cell phonin the nation to ban «willful defiance» suspensions for its youngest students — a category of misconduct that includes refusing to remove a hat, to wear the school uniform, or to turn off a cell phone.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

The Consulting Agreement with Northern Lights Compliance Services, LLC («NLCS») provides that the Registrant agree to indemnify and hold NLCS harmless from and against any and all losses, damages, costs, charges, reasonable counsel fees, payments, expenses and liability arising out of or attributable to the Trust's refusal or failure to comply with the terms of the Agreement, or which arise out of the Trust's lack of good faith, gross negligence or willful misconduct with respect to the Trust's performance under or in connection with the Agreement.

Additional punitive damages (in the case of gross negligence or willful misconduct) normally can not exceed the total of your damages for tangible and intangible losses, although in rare cases you may be entitled to up to 300 % of the amount of these damages.

The CJC alleges that the judge engaged in «willful misconduct» that was unbecoming of a judicial officer, AP reports.

In Idaho, non-economic damages can be greater than $ 250,000 except in the case of felonies or willful misconducIn Idaho, non-economic damages can be greater than $ 250,000 except in the case of felonies or willful misconducin the case of felonies or willful misconduct.

It is difficult to imagine a case whereby an employer could summarily dismiss an employee for incompetence on the basis of a single incident unless the employee had also engaged in another type of willful misconduct that had the effect of significantly magnifying the impact of the employee's act of incompetence.

The Civil Code Section under 1714.1 in California states that legal guardians or parents are liable for «Willful Misconduct.»

Under Georgia law, punitive damages may only be awarded in a tort action if «it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.»

You can seek additional damages by filing a personal injury claim if you can prove that your employer engaged in serious and willful misconduct.

Legal disciplines and claims in which we have represented clients include: breach of contract, gross negligence, willful misconduct, fraud, trade secret misappropriation, intellectual property violations, product liability, competition law violations and insurance coverage.

In Ontario, the Court of Appeal has recognized that serious misconduct, habitual neglect of duty, incompetence or conduct incompatible with duties or prejudicial to the employer's business, or willful disobedience to the employer's orders in a matter of substance may very well be «cause» for dismissaIn Ontario, the Court of Appeal has recognized that serious misconduct, habitual neglect of duty, incompetence or conduct incompatible with duties or prejudicial to the employer's business, or willful disobedience to the employer's orders in a matter of substance may very well be «cause» for dismissain a matter of substance may very well be «cause» for dismissal.

There were only six awards granted between January 1, 2010, and December 31, 2012 on contested, patent - specific judgments in the same period, where the judgment was predicated on litigation misconduct or frivolous, bad faith litigation and not on default, willful infringement, or inequitable conduct before the U.S. Patent and Trademark Office.

Boulanger's paragraph 27 is referred to in, Peracomo Inc. v. Telus Communications Co., 2014 SCC 29, (paragraph 57) in defining «willful misconduct» as being, «doing something which is wrong knowing it to be wrong or with reckless indifference»; «reckless» means «an awareness of the duty to act or a subjective recklessness as to the existence of the duty.»

Heffernan would have us believe willful blindness is endemic in all aspects of our lives — whether it's the refusal to believe our spouse is having an affair, or to see illegal misconduct in the workplace.

In addition, indemnification provisions typically will not extend to cover the negligent acts or willful misconduct of a sponsor or its representatives.

Nothing in the Marvel Unlimited Terms shall exclude or restrict liability for fraud or for death or personal injury caused by negligence, damages caused by gross negligence or willful misconduct or any other liability which can not be restricted or excluded by law.

RELEVANT EXPERIENCE Attorney Contractor for Workers» Compensation Brought in to assist in all employer defense cases on multi-claim, multidiscipline and multiparty case issues that include defense / prosecution of actions brought under CA Labor Code Section 132 (a), Serious and Willful Misconduct, Third Party Credit and Employer Contribution issues, overlap between Workers» Compensation / Social Security including Medicare set aside trust and overpayment issues.

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.»

«Mr. Schanzer's alleged willful misconduct, if confirmed, will result in serious and possibly irreversible harm to Cedar's reputation,» Snow Park said.