Sentences with phrase «material facts necessary»

In other words, there are no additional material facts necessary to apprise a plaintiff that commencing a proceeding would be appropriate.

According to the SEC, the defendents, in connection with the purchase or sale of securities, had engaged in fraud and deceitful practices, made untrue statements of material fact and omitted to state material facts necessary in order for investors to properly evaluate such statements in violation of the U.S. Exchange Act and also violated the U.S. Securities Act.

The motion judge concluded that the plaintiff had knowledge of all of the material facts necessary to discover her claim prior to January 1, 2004.

The court reiterated that the test for discoverability was when a prospective plaintiff «had all of the material facts necessary to determine that she had prima facie grounds for inferring that the [defendant] had been negligent.»

For this reason, hedge fund investors and regulators expect managers to disclose (in hedge fund offering documents) all material facts necessary to understand the incentives informing a manager's investment decision - making.

Justice Logan also needed to consider the fact that some contraventions occurred prior to the increase in civil penalties which came into force on 1 January 2007; however, procedural failures prevented higher penalties from being considered (at para 25) «Neither as originally cast nor by permitted amendment did the [ACCC's] statement of claim contain an allegation of any material fact necessary to engage a maximum penalty greater than $ 10 million in respect of any of the alleged contraventions.»

a.:» Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact necessary to keep statements from being misleading; statements intended or likely to create an unjustified expectation.

Turning to the model of the securities laws, AS writes that the answer may be full disclosure, or what AS calls the «10b - 5 Oath» (named after the securites regulation that prohibits making any untrue statement or omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading).

Not exact matches

More to the point, Newton's «Scholium» which introduces the notions of «absolute, true, mathematical» space and time, and «relative, apparent, common» space and time (PNP 6 - 12), makes clear that absolute space and absolute time continua are thought to be necessary for a satisfactory theory of dynamics, that is, a theory of the forces which determine • the motion of material objects.7 The main idea in Newton's position is that not all physical frames of reference are suitable for satisfactory analysis of the motion of material objects; in fact, no physical frame of reference is completely suitable for this purpose.

One obstacle to scaling up production is the fact that scientists lack the tools to fully make use of data — often in the terabytes, or trillions of bytes — to help them characterize the materials — a necessary step toward achieving «the ideal final candy.»

But the one subject where it is most likely to happen is in fact math, where administrators may think that a certain level of accomplishment is necessary before algebra or some other advanced math material can be introduced.

In fact, according to a recent Ed Week survey, 70 percent of teachers in high - poverty schools reported that they lack the materials — such as pencils, paper, and chalk — necessary to do their jobs.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

One interpretation concludes that the format is obsolete if the equipment necessary for using the materials is in fact no longer available.

The only elements necessary to demonstrate a violation under the Martin Act is a misrepresentation or omission of material fact when inducing or promoting securities trading, without a need to show intent, reliance or damages.

The fact that both parties will have some costs liability, even if they win, has long been accepted as imposing a necessary discipline in litigation... This fact does not feature in the Law Society's campaign material,» he said.

The Court found that the facts pleaded in the struck paragraphs were material to the claims, that the Master lacked jurisdiction to decide whether the paragraphs were necessary, and that the Master failed to apply correct legal test.

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

In fact the real issue at stake was whether it was necessary to prove in each case that the proven wrongful exposure to asbestos was sufficient to have «doubled the risk» of contracting the disease in order to prove that the wrongful exposure to asbestos had made a material contribution to the onset of the disease.

If a plaintiff can ever show any tortfeasor was a necessary but for cause, material contribution is not available: the plaintiff must be» unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury»