Sentences with phrase «law under statutes»

Collaborative divorce is defined in Florida law under Statutes 61.55 — 61.58.

Not exact matches

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The next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

«We have talked a lot with the DOL, and we've tried to coordinate and work with them, but they have to operate under the Employee Retirement Income Security Act (ERISA), which is quite a different statute than the federal securities laws,» Schapiro said.

* While credit cards are open accounts and thus don't fall under laws governing written contracts, Arizona passed a law in 2011 lengthening the statute of limitations on them to six years.

The earth lies polluted under its inhabitants; for they have transgressed the laws, violated the statutes.

Now, I think states can kill the law if they refuse — which is their right under the statute.

Under previous law, as interpreted by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., the statute of limitations on such suits ran out 180 days after the alleged discrimination occurred, even if the victims never knew about it.

We expect to see more consumer fraud claims based on the violation of state labeling statutes given that courts are increasingly finding a private right of action under state law concerning the FDA's labeling requirements.

You find the revised language of the statutes, adjusted to the requirements of the German law for such appointments HERE and the list of cases that will fall under the responsibility of the Executive Director after the statutes change has been registered with the courts in Bonn HERE

This is under our state law (MN Statutes 124D.114).

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

Under the new law, surrogacy arrangements are regulated by a statute which states that a «judgment or order shall establish the parent - child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children.»

Title 22, Colorado Revised Statutes: Education Article 33: School Attendance Law of 1963 Section 104.5, as amended states that Colorado's general assembly has declared that «it is the primary right and obligation of the parent to choose the proper education and training for children under his care and supervision.»

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.

Under the Constitution, a treaty, like a Federal statute, is part of the «supreme Law of the Land.»

On 15 September 2005 ECPM was officially registered with statutes as an association under Dutch law.

The Scotland Act 2016 and the Wales Act 2017 embodied the Sewel Convention in statute law for the first time, which was seen as a symbolic under - pinning for the permanence of the Scottish Parliament and the National Assembly for Wales.

The party further urged the National Assembly to scrutinise the constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country, particularly under this inherently corrupt and incompetent administration.

Under current law, the statute of limitations runs out at age 23.

However, brining under statute something that is designed to question and hold to account those who create those same laws is very, very dangerous.

But the state Republican party filed a complaint with the SEEC in late 2014, saying the Democratic Party violated the clean - elections statutes by taking advantage of the federally regulated account's ability to accept contractor contributions under federal election laws that are less restrictive than Connecticut's.

• Amending Chapter 536 of the Laws of 2010 concerning the jurisdiction of the Division of Human Rights over claims made under that statute;

[42][43] The changes to the Rockefeller laws were largely focused on inmates» ability to appeal for an early release from sentences that were passed on them under mandatory minimum sentencing statutes.

With three weeks to go in the legislative session, advocates are still pushing for passage of a Child Victims Act that would do away with the statute of limitations on child sex abuse cases, create a one - year window so survivors who can't bring cases under current law could do so, and treat public and private institutions the same.

«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional under either Due Process Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court Justice Roger D. McDonough wrote in his ruling.

Diocese Bishop William Murphy has been a loud opponent of a measure that would extend or eliminate the statute of limitations pertaining to child sex abuse cases while also opening up a one - year window for those who can no longer sue under current law to bring civil cases.

Under the state law governing employment at California's public universities, neither statute nor precedent explicitly authorizes withdrawal of signatures.

(Indeed, the latter is a felony under California state law, although it's complicated — the statute requires «specific intent to infect the other person with HIV.»)

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

States must identify low - graduation - rate high schools using the four - year adjusted cohort rate; the statute is silent on the graduation rate measure that should be used here even though the four - year rate must be used for goal - setting under the law.

The pace of decisions under TEACHNJ, the new law, has already exceeded that of the previous statute.

Any criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).

But what ultimately resulted in New Living Word's expulsion from the voucher program was not its low academic standards; rather, it was found to be charging voucher students higher tuition rates than students paying their own way — which is prohibited under Louisiana's law (nothing in the North Carolina statute specifically addresses this potential consequence).

Gresham asked Attorney General Robert Cooper whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

1) Whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

The RDSP is not exempt from creditors by statute but a recent British Columbia Supreme Court decision in November suggests the RDSP is covered under common law.

If a debt is barred under statute, it means that by law (the Limitation Act 1980), the lender has run out of time to use certain types of action to try and make you pay the debt.

Under Washington State law there are a number of statutes and regulations that afford a great deal of protection to homeowners who are faced with foreclosure.

(b) This section shall not repeal, amend, modify, or diminish any right or power to charge and collect charges, fees, interest, or an interest surcharge existing under any other applicable state or federal statute, nor repeal, amend, or modify Public Law 96 - 221, enacted by the United States Congress and approved March 31, 1980, nor Section 5 - 2A - 24.

If the state has an UGMA (Uniform Gift to Minors) law, the account was probably opened under that — in which case, your wife became the custodian by statute at age 18 or 21.

Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you live.

And while a growing number of state laws restrict the circumstances under which an employer can discriminate against job applicants on the basis of credit history (see endnotes for a list of state statutes), federal law permits employers to use credit history as a basis for denying employment.5

Adding to the conundrum are the facts that basic record keeping in animal sheltering is not mandatory, the state sterilization law actually lacks a penalty if it is violated and our humane euthanasia law exempts cities under 10,000 from mandatory compliance; this exempts over 80 % of our municipalities from compliance with this statute.

Under Oreo's Law New York shelters would have been required to turn over animals on demand to any 501 (c) 3 designated rescue unless a staff member was currently charged or had been convicted of violation of an animal cruelty «statute».

Rural Caswell County is prosecuting its first suspect under North Carolina's tougher animal cruelty statute, known as Susie's Law, but the case — in which three dogs starved to death while chained — is drawing little media attention.

The lawsuit was filed under the state's Civil Remedy for Protection for Animals statute (Chapter 19A), a North Carolina law that allows a private citizen or organization to file suit to stop animal cruelty.

Technicians in the military or naval service of the United States, United States Department of Agriculture, the United States Veterans Administration or the United States Public Health Service, in the practice of such technical procedures in obedience to the requirements of the laws of the United States, while engaged in the performance of the actual duties prescribed under the appropriate statutes of the United States;