Sentences with phrase «liability action when»

Belongings, life quality and lease aspects are covered — and they're subject to liability action when one party fails to adhere to supposed terms.

Not exact matches

When the judges ruled that the school officer's actions were protected under qualified immunity, which shields public officials from liability for civil damages, Gorsuch issued a colorful dissent arguing that the student should have been able to sue the officer for using excessive force.

No Penalty Teams and leagues are usually shielded from liability when spectators are injured during action, but that doesn't mean Brittanie Cecil's family won't be compensated

When books deal futures markets, they try to maintain a semblance of balanced action and attempt to limit liability on the worst case scenario.

The reason for this is that when sportsbooks deal futures markets, they try to maintain a semblance of balanced action and attempt to limit liability on the worst case scenario.

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.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

ICFE DCCS ® Independent Study Guide Table of Contents Consumer Financial Protection Bureau to oversee debt collectors Collection agencies and junk debt buyers - Mini-Miranda What to do if a debtor is contacted about past debts Sample cease and desist letter Fair Debt Collection Practices Act Summary from the CFPB Debt that is covered Debt Collectors that are covered Debt Collectors that are NOT covered Debt Collection for Active and Veteran Military Personnel Communications connected with debt collection When, where and with who communications is permitted Ceasing Communication with the consumer Communicating with third parties Validation of debts Prohibited Practices: Harassing or abusive Practices False or misleading representations Unfair Practices Multiple debts Legal Actions by debt collectors Furnishing certain deceptive forms Civil liability Defenses CFPB / FTC staff's commentary on the FDCPA Common debt collector violations How to document a collector's abusive behavior What to do if a collector breaks the law How collectors are trained - examples of collector training courses FDCPA Sample Exam from ACA for Collectors How collectors are using Social Medias in collections Dealing with creditors and third party collectors Other factors for a debtor in collection: Credit reports and scores Reviewing credit reports with debtors - Permissible uses Rules about credit decisions and notices Debtor education about credit reports and FICO scores Specialty Report Providers Rules to protect consumers in credit card debt How to read and understand credit reports How to make changes or dispute accuracy Freezing Credit Files FCRA / FACTA Provisions of ID Theft victims How credit scoring works The Credit Card Accountability and Disclosure Act Credit Rules CFPB rules establish strong protections for homeowners facing foreclosure Other Resources

CRISNET, CAR, DRE and most of the local associations are recommending - regardless of your expertise in negotiating - to have all of these performed by an attorney... COMPLETELY eliminating your liability when the class action suits begin.

When your insurance company denies a claim, delays payment of a claim or refuses to defend you against legal action under a commercial general liability insurance policy, seek legal assistance from experienced insurance law attorneys.

So today you see punctuational solecisms like this: «When a direct action against a liability insurer is permitted -LSB--RSB-, joinder has not been required.»

Therefore, when applying the section to any specific action, it is understood that joint and several liability to the plaintiff can and will attach only to a party defendant, although others who may also have been at fault could potentially have been found jointly and severally liable had they been sued by the plaintiff.

In some cases, however, school districts have been relieved of vicarious liability when an employee's negligent actions departed significantly from normal school duties.

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

Insufficient emergency action plans (EAPs) might open the school up to liability when students are injured.

Even when a vehicle or vehicle component has been designed and manufactured in strict compliance with current industry standards and applicable regulations, the vehicle may still be found defective in a personal - injury or wrongful - death products - liability action if it is determined to contain a defect in its design, manufacture, or warnings that renders it unreasonably dangerous for consumers» use.

There is no question that there can be no infringement liability of an invalid patent claim, but does that matter when an accused infringer knows that its actions would otherwise infringe?

When Laura Cabutto joined Baron & Budd's litigation team in 1999, her practice concentrated on personal injury, product liability, toxic torts and wrongful death actions involving individuals who had been exposed to asbestos.

Related Posts: Injuries and Liabilities When Your School Lacks an Adequate Emergency Action Plan Did a Recently Recalled Product Injure You?

People often sustain injuries as a result of their own carelessness, however, when an injury is caused by the negligence of another individual or entity, medical error, or a defect in a product, the injured person may be able to recover financial compensation from the responsible parties through the institution of a negligence, product liability, or medical malpractice action.

Defense of Deseret Medical in Massachusetts federal court product liability action alleging physical injuries and severe emotional distress when portion of intravenous catheter separated and became lodged in plaintiff's body

For more than 20 years, Action Law Offices, in Racine and Milwaukee, has handled complicated school bus accident claims when liability was initially unclear.

In addition to filing private complaints, our Atlanta product liability lawyers also file class action lawsuits when many people have been injured or killed by the same product.

When people file personal injury or premises liability actions, it is seldom due to an activity that occurred on their own property.

When an aggressive driver causes an accident, that driver may face liability for his or her actions.

For this reason, many people who are considering a wrongful death or survival action wonder if they can avoid incurring a significant tax liability when they receive a settlement or award.

When another person places you at risk due to their actions (or inactions), and you sustain an injury, liability laws may be applicable.

And when litigation is necessary, our team of trial lawyers provides incisive legal counsel in class actions, product liability claims and other forms of complex litigation tied to such products.

Topics discussed include: strategies for identifying the required elements for a potential malpractice action; the evaluation of the defenses that might bar recovery or defeat a claim; establishing or refuting the applicable standard of care with expert testimony; identifying when a conflict of interest results in divided loyalties, when such a conflict may form the basis of a claim, and the defenses to such conflict of interest claims; and distinguishing malpractice liability from a violation of professional ethical standards and if or when such standards are relevant to litigating a malpractice claim.

If an insurer either refuses to defend a claim on behalf of an insured or to pay a claim when liability is obvious, it may be necessary to file a seperage action directly against the insurance company, alleging bad faith insurance practices and attempting to force them to fulfill their duties.

We leverage our trial skills as a negotiating tool when defending private or public agency lawsuits, handling cost - recovery actions, negotiating environmental remedies, and compelling insurance coverage for environmental liabilities.

Finally, when amusement park and water park accidents result from defectively designed or manufactured equipment — like a ride or a component of a ride — a products liability action against the manufacturer may be appropriate.

Case summary This case concerns when and how civil liability can arise from the actions of child protection workers Read More

Canadian authorities suggest that concerted action liability arises when a tort is committed in furtherance of a common design or plan, by one party on behalf of or in concert with another party.

Thus, imposing liability on Google in a defamation action based on its Autocomplete function is justified in a notice - and - takedown regime when a substantive complaint has been made.

When the action was begun the defendant admitted liability for causing the collision.

On January 6, 2012, the Nebraska Supreme Court decided the hotly contested issue of whether a court may apportion liability to an employer in a third - party action for peronsal injuries when the employer is immune from suit in tort under the Nebraska Workers»... Continue reading →

Acuity's business liability insurance protects you when someone takes legal action against you, including your defense costs when a customer slips on a wet floor or falls on incorrectly installed stairs.

Liability Coverage - is protection from court action when you are responsible for the cause of damage of other people's car or body injuries.

When driving in Mexico, the safest action is to purchase Mexican liability coverage from an authorized Titan agent.

Claims Management Duties & Responsibilities Utilize efficient workflow organization to improve departmental efficiencies while ensuring effective client response and diligent analysis of claims, with extensive experience in both commercial and personal lines Provide relevant administration and direction to multi-million dollar staff budgets, quality control, fraud investigations, and complex claims reviews, earning denial authority over high - level claims cases Identify and develop talent among team members with focused training efforts, performance reporting and analyses, and operational efficiency initiatives Deliver continuous assessment of work force, while furnishing oversight and guidance regarding effective service strategies and techniques, loss liability monitoring, and claim litigation assistance Develop and implement the marketing and sales efforts of customer service team while tracking progress versus established internal and external benchmarks, providing disciplinary actions when necessary Construct customer service and claims team through effective staff hiring to aid in efficient operations and execution, delegating important tasks / assigments to line supervisors while providing branch - level guidance Aid in strategic planning and capital budgeting based on improving operating efficiency and reducing service - related production losses, collaborating effectively with senior - level management Maintain a strong working knowledge of important industry topics, company programs and policies, and overall regulatory environment, including state - level responsibility for process changes in casualty / PIP Address important client and staff queries, resolving them in an expedited manner Lead through example with consistent work ethic, attitude and professionalism

This especially applies to the dating or courting period when parents may feel their children's actions can pose a greater liability to the family; given that the romantic union has not yet been legitimatized through marriage, the risk of children disobeying parents or tarnishing the family's reputation is particularly high [47].

When disputes arise over the disbursement of earnest money funds, you may find yourself caught in the middle, facing civil liability, forfeiture of compensation, or disciplinary action by the real estate commission.

The Court determined that the Act did not vary the traditional rules of vicarious liability (or, when an owner can be liable for the actions of its employees) and so directed the appellate court to consider the allegations against the Broker under the traditional principles of vicarious liability.

CRISNET, CAR, DRE and most of the local associations are recommending - regardless of your expertise in negotiating - to have all of these performed by an attorney... COMPLETELY eliminating your liability when the class action suits begin.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

However, there are numerous facts and actions that can affect the outcome of this short - term tax deferral strategy, so the Investor should always have his technical advisors carefully evaluate the 1031 exchange agreements and specific fact pattern involved with any potentially failed 1031 exchange transaction to determine when the Investor had the right to obtain access to or receive the benefits from the 1031 exchange funds in order to determine whether the capital gain income tax liabilities can be deferred into the following income tax reporting year.

The good news is that brokers can limit their liability when there's been no adverse employment action by demonstrating that the company exercised reasonable care to prevent or correct problems and that the employee failed to take advantage of preventive or corrective opportunities provided by the employer.