Sentences with phrase «not de minimis»

Moreover, the breaches were in bad faith and were not de minimis, which prevented recovery under a quantum meruit theory.

Not exact matches

Worth noting is that in November 2017, the Cryptocurrency Tax Fairness Act (which proposed a $ 600 de minimis exemption for VC) was not adopted as part of the House tax reform bill.

«Along with dairy access, de minimis is one area where Canada has not moved so far, but has room to do so.»

For example, if you have a special dining room for executives and no dining room (or no similar dining room) for other employees, you can't claim that the executive dining room was de minimis.

«It can not be right that the IDEA generally contemplates grade - level advancement for children with disabilities who are fully integrated in the regular classroom, but is satisfied with barely more than de minimis progress for children who are not,» read the opinion, signed by Chief Justice John Roberts.

Benefits, including employee contributions, are not payable for employee hardships, unforeseeable emergencies, loans, medical expenses, educational expenses, purchase of a principal residence, payments necessary to prevent eviction or foreclosure on an employee's principal residence, or any other reason except a requested distribution for retirement, a mandatory de minimis distribution authorized by the administrator, or a required minimum distribution provided pursuant to the Internal Revenue Code.

It's not that people aren't aware of the fact that a bottle of Dasani is drastically overpriced in comparison to its cost of production, it's that the overall price is still de minimis.

Even if a trader does not meet Interactive Brokers» minimum trading requirement, the monthly fee is so low that it is possible that a buy and hold investor could benefit from the de minimis trade fees.

The replication costs of broad - based, passive indices are de minimis, but we should not undervalue our unique insights (we are replicating a hedge fund, after all).

You will only be asked to do this if you have more than 15 % equity in your property (banks have traditionally not lent money in excess of 85 % of the property's value), if the amount being released was above a de minimis value (i.e. your IP usually wouldn't expect you to remortgage to release less than # 5,000) and if your IP believes you can afford the repayments (see IVA Remortgage).

WASHINGTON, DC -»... provides the Secretary of Agriculture with the authority to determine that animal dealers and exhibitors are not required to obtain a license under the Act and regulations if the size of the business conducting AWA - related activities is determined to be de minimis by the Secretary.»

This rule does not apply when there is no transfer of ownership or control of a dog to another person for more than de minimis consideration after the dog's importation into the United States.

Federal court precedent says that where a tribe opposes a project based on its impacts on treaty - reserved fishing, a federal agency can not authorize anything more than a «de minimis» impact.

Sarnecka compares the «don't leave kids in cars» argument to other «de minimis» (trivial) risks:

It is an abbreviated form of the «Maxim de minimis non curat lex», «the law cares not for small things.»

In short, the crack can not be de minimis, or so small that it shouldn't create a dangerous condition and as such, a municipality does not have a duty to repair the crack.

I think that such a «configuration» or «delineation» of the Community interest is not near (although authors like Townley may disagree), since the requirement seems to me to be more of a threshold nature (that is, closer to a de minimis rule) or a screening device (such as a fumus mali iuris, or existence of sufficient indicia of infringement) than of a justificatory nature (as you indicate in your very interesting comment).

If the consumer is not mislead because she has full, proper information of the de minimis costs required to claim the prize, there seems to be no need to extend the protection.

That wording does not allow for any exception, meaning that it is evident that the expression «incur a cost» does not allow the consumer to bear the slightest cost, even if it is de minimis compared with the value of the prize or a cost which would not procure any advantage for the trader, such as the cost of a stamp.

47 Equally, that objective would not be achieved if traders were allowed to impose on the consumer costs which are «de minimis» compared with the value of the prize.

Given that paragraph 20 deals with the concept of «free» (a rather absolute and appealing concept) and still allows for de minimis charges that are the unavoidable cost of responding to the commercial practice, it seems to impose a clear de minimis threshold for the analysis of the relevance of the costs retained by consumers (ie not internalized by the trader running the promotion).

34 In addition, given the absolute nature of the prohibition on imposing any cost, the offer of a number of options can not eliminate the unfair character of the practice if any of the proposed options were to require the consumer to bear a cost, even a de minimis cost compared with the value of the prize.

A natural parent's consent is not required if the parent failed «without justifiable cause to provide more than de minimis contact with the children for at least a year immediately preceding the filing of the adoption petitions.»

According to the EEOC, administrative costs for an accommodation such as rearranging an employee's schedule would be a de minimis cost, and therefore, would not usually be considered an undue burden.

In Chambers, the Eighth Circuit clarified that a plaintiff is not required to show more than de minimis injury in order to prevail on a claim of excessive force.

In Chambers, the Eighth Circuit clarified that a plaintiff need not show more than de minimis injury in order to prevail on a claim of excessive force.

In finding that the de minimis defence applied the Court approached the applicability of the defence in consideration of the purpose of the Government Liquor Control Act concluding «the Act was not intended to prosecute for having 10 drops of liquor.»

If we say that a necessary cause was de minimis cause, we're saying (somehow) that whatever injury that cause has been found to have caused did not alter the injured person's «original position» in any legally material way.

They posited a distinction between «material contribution» in the material contribution test and the phrase «materially contributed», with the latter but not the former being defined by Athey «s «[a] contributing factor is material if it falls outside the de minimis range».

It seems to me that if the causal «contribution» of some causal act to the plaintiff's injury is so minor as to be de minimis (trivial) that is a damages question, not an causation of injury question.

In each case, the trial judge seems to have held that a prior event which was necessary for the occurrence of the injury — an event offered by the defendant as something which would have at least been a partial defence — was not a but - for cause because its causal contribution was less than de minimis.

On the de minimis front, a prior factor (event, condition, whatever) is either necessary for the occurrence of the injury (harm, damage) or it is not.

I'll repeat: the trial judge held that a but - for cause was not a legal but - for cause because it was a a de minimis cause.

I would like it if you developed your argument that de minimis is a damages issue, not a causation issue, more fully.

Any contribution of the motor vehicle accident to the plaintiff's symptoms after January 12, 2007 did not fall outside the de minimis range.

The defendant's negligence need not be the sole cause of the injury so long as it is part of the cause beyond the de minimis range.

Of course, there are sometimes some unusually mysterious usages of the de minimis not curat principle, but I won't go there (now).

[11] Thus, in applying the «but for» test, the trial judge was required to consider not just whether the defendant's conduct was the sole cause of the plaintiff's disabling pain, but also whether the plaintiff had established a substantial connection between the accident and that pain, beyond the de [minimis] level.

It didn't quite say de minimis about that — it said no injury — but that's the air.

Since the Company continues to assess the contingent events from occurring on the date of, and subsequent to the issuance of the call option as remote, the initial fair value of the call option was deemed to be de minimis and therefore not recorded in the consolidated financial statements.

Gift certificates that can be used like cash do not fall under the de minimis exception.