Sentences with phrase «liability in the civil action»

Not exact matches

If your mistake will likely result in legal action or criminal or civil liability, any good attorney will tell you to remain silent to protect your fifth amendment privilege against self - incrimination.

We shall have no Liability to You for any delay in performance of this Service and / or any other matters to the extent that such events and / or matters are due to any events outside Our reasonable control including but not limited to acts of flood, fire, war, labour disputes, strikes, any kind of god, lock - outs, riots, civil commotion, hijacked airplanes, malicious damage, explosion, aliens from outer space, governmental actions and any other similar events.

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.

Ironically, in the New York Times case, the Supreme Court decided that the newspaper was protected from liability for an ad it ran that was critical of Alabama officials and their actions against the civil rights movement.

The third segment, Individual Liability Cases, is designed for actions against individuals in violation of the safety laws, including civil penalties, disqualification orders, and warning letters.

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

[FN17] Civil liabilities include actual [FN18] and punitive damages, [FN19] as well as attorneys» fees and costs for the prevailing party in a successful action to enforce liability.

You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.

A facility that provides a dog or cat to a rescue organization under this section is immune from any civil liability that otherwise might result from its actions, provided that the facility is acting in good faith.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

Best known for handling large - scale international mandates including class actions and liability matters, Freshfields Bruckhaus Deringer has been representing Volkswagen and its subsidiaries Audi, Porsche and Skoda in several product - related civil actions in various jurisdictions.

Tom practices in the area of civil litigation focusing on corporate / commercial litigation, securities litigation, product liability defence and class action defence.

He has represented a broad spectrum of clients in products liability and class action matters, breach of warranty claims, wrongful death claims, tort and personal injury claims, professional liability claims and other areas of civil litigation.

We have neutrals with extensive experience in virtually every practice area, including antitrust, banking, civil rights, consumer actions, employment, environmental / toxic tort, healthcare, insurance coverage, intellectual property, product liability / torts, pharmaceutical / medical devices, securities, and unfair business practices.

Ms. Henderson has experience in general civil litigation, as well as construction defects, labor law, premises liability, employment disputes and cost recovery actions.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

Ms. Luther represented a commercial lender in an action brought by a managing member of a limited liability company who alleged that the lender violated the Unruh Civil Rights Act by declining to make a loan to managing member's limited liability company based on managing member's prior felony convictions.

Initially, David represented clients in work - related accidents, product liability lawsuits, medical negligence litigation, and employer - employee civil rights actions.

Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.

Scott focuses his practice on general commercial litigation, including: bank regulatory and enforcement matters; defending directors and officers of failed banks in FDIC actions; commodities and securities regulatory enforcement and civil actions; professional liability claims; directors and officers liability insurance matters; and employment and restrictive covenant matters.

Puri, with Osgoode J.D. research assistants, has compiled the first ever independent academic study of statutory secondary market civil liability class actions in Canada and provides recommendations for reform.

He has also represented corporations in professional malpractice, breach of contract, consumer rights, real estate, civil rights, product liability, construction, whistleblower, medical malpractice, class action and mass tort litigation.

Securities fraud, for instance, can give rise to criminal liability and to civil liability in parallel private actions.

The firm, which has grown to 80 attorneys with offices in Long Beach, San Francisco, Seattle, Anchorage, and Hong Kong, has developed expertise in many specialties of civil litigation including class and mass actions, securities and banking litigation, mortgage litigation, employment, energy, environmental, admiralty and maritime, bankruptcy, business litigation, products liability, real estate, toxic tort, professional malpractice defense, professional design & construction, all types of civil appeals, mortgage banking, real estate, corporate / transactional and other commercial matters.

If the lawyer has been charged criminally or is subject to civil liability or disciplinary action or any other adverse proceeding in relation to the lawyer's representation of the client, the lawyer may disclose confidential information to defend herself.

Recourse to a civil lawyer occurs in all sorts of situations of civil litigation: this litigation may concern failure to respect a contract, damages involving third party liability, neighbourhood trouble, damages caused by actions performed in bad faith or the incompetence of a person, personal injury, etc..

Led by co-founders and senior partners Mary Quinn Cooper and William S. Leach, ECSL specializes in commercial litigation, products liability, class actions and complex civil litigation on a regional and national level for clients ranging from small privately owned companies and government entities to Fortune 100 companies.

In addition, two newly - enacted laws risk expanding civil liability through class actions.

The plaintiff will now bring his action to the Supreme Court under civil negligence liability attempting to prove the college was negligent in failing to protect him from the hazing — a «reasonably foreseeable» danger.

Stéphane's practice is focused on construction, engineering, sureties and product liability, particularly in the areas of insurance, civil liability, commercial litigation and class actions.

[154] It is now submitted on behalf of the defendant in this civil action that the issue of liability has been decided in his favour by the previous criminal proceedings.

Peter has practised Civil Litigation at Borden Ladner Gervais LLP for over forty - one years, specializing in resolving insurance, commercial and construction disputes of various categories, including coverage issues; commercial, property, professional and other liability policies; product liability; class actions; and construction law.

Hernán is a widely - recognized civil litigator with over twenty years of broad experience in class actions, product liability, financial services and intellectual property.

Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker - dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues.

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claiIn the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claiin favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claiin support of his medical malpractice claim.

1.1 Whether officers of the South Yorkshire Police and / or the West Midlands Police acting as public officers sought to deliberately conceal the true circumstances of the Hillsborough tragedy in order to deflect blame from South Yorkshire Police for the deaths and injuries caused and suffered as a result of the Hillsborough tragedy, and to avoid criminal and civil liability and public censure over the part played by the actions and inactions of the police officers in the tragic events.

CASL violations can result in potentially severe administrative monetary penalties (up to $ 10 million per violation for organizations and $ 1 million per violation for individuals), and civil liability through a private right of action (commencing July 1, 2017).

Violation of CASL's CEM rules can result in severe administrative penalties (up to $ 1 million per violation for individuals and up to $ 10 million per violation for organizations), civil liability through a private right of action (commencing July 1, 2017) and vicarious liability on employers, directors and officers.

There is a growing trend towards seeking punitive and personal legal action against executives for failure to follow regulations and standards which could result in costly investigations, criminal prosecutions or civil litigation putting the company's assets, or their own, at risk, AGCS says in its new report D&O Insurance Insights: Management liability today.

I. Whether differences among individual class members may be ignored and a class action certified under Federal Rule of Civil Procedure 23 (b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample; and

She has experience in all areas of civil litigation including medical malpractice, motor vehicle accident claims, long term disability claims, occupiers liability claims and professional negligence actions.

The Ninth Circuit Court of Appeals, having read the social workers» argument that they were immune from liability in the civil rights action, was ready.

In addition to our nationwide litigation experience representing businesses in sophisticated contract, construction and employment matters, we have successfully represented municipalities, other public entities, insurance carriers, their insureds, and private clients in many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligencIn addition to our nationwide litigation experience representing businesses in sophisticated contract, construction and employment matters, we have successfully represented municipalities, other public entities, insurance carriers, their insureds, and private clients in many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligencin sophisticated contract, construction and employment matters, we have successfully represented municipalities, other public entities, insurance carriers, their insureds, and private clients in many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligencin many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligence.

Our civil litigators deal with complex issues in areas such as civil liability (product liability, bodily and psychological injuries, material damages and economic loss), business contracts, professional regulation and liability, defamation, commercial litigation and extraordinary remedies, disputes relating to successions, wrongful dismissal actions, and claims of discrimination, sexual harassment and breach of fiduciary duties.

The Second Motion Judge concluded «In my view, it is essentially an alternative theory of liability for the same complaint... I agree with the Plaintiffs that the Amended Claim does not advance a «new cause of action» for the purposes of the Limitations Act and under normal circumstances an amendment would be permissible under Rule 26.01 [of the Rules of Civil Procedure, R.R.O. 1990, Reg.

This is intended to prevent criminals, particularly organised crime, from obtaining liability insurance to cover the costs of defending themselves in criminal actions brought by the state or civil actions brought by their victims.

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.