Sentences with phrase «not recoverable»

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

This is normally not a recoverable occurrence under a normal renters policy, so if you are in a flood area and there is a chance your property could be damaged in this manner you will want to discuss flood coverage with your agent as well.

This plan pays up to the chosen amount of the insured trip cost in respect of loss of travel and accommodation expenses paid or contracted to be paid as a result of the Covered Trip being necessarily and unavoidably cancelled or interrupted due to any of the following causes commencing and occurring during the Period of Insurance, provided such expenses are not recoverable from any other source:

Success fees and ATE premiums were not recoverable then: claimants paid success fees out of their damages, capped at 25 % of damages, and broadly seemed content to do so.

If an agreement can't be reached for the UK to be part of a customs union with the EU, then customs duty may be charged on the import of goods from the EU, which is not recoverable, so would be an actual additional cost for UK retailers.

So most civil disputes which go to a final hearing are decided in a forum where the cost of legal representation is not recoverable and public funding is not available, the so - called small claims court.

It is often argued by defendants that diminution is not recoverable by a claimant until the vehicle has been sold, or at least put up for sale, as the loss has not been realised until this has occurred.

The doctrine of proximity is relevant, damage that is too remote from the breach is not recoverable.

If you have experienced financial losses of less than # 5,000 these cases are usually dealt with by the small claims court where costs are generally not recoverable.

The Fund argued at trial court that father's individual damages for negligent infliction of emotional distress were not recoverable under the Adult Wrongful Death Statute found in IC 34 -23-1-2.

COLUMBUS, Ohio (Legal Newsline)-- The Ohio Supreme Court has ruled that punitive damages are not recoverable in a breach of contract action in which the alleged violation stems from conduct that also constitutes a wrongful act.

The concept of proportionality meant it was absurd to give costs which are not recoverable in small claims unless there is unreasonable conduct; CPR 27 (14).

However, the Scottish Legal Aid Board (SLAB) argued that the # 40,000 ATE premium was not recoverable since, as «a matter of principle, the ATE premium is not properly an item of expenses».

You can also use specialized software that will «scrub» all data from a hard drive so that it is not recoverable.

After — the - event insurance premiums are not recoverable with the costs of an appeal, the Supreme Court has held.

In the NBCA, within the meaning of s. 5 (1) of the N.B. Survival of Actions Act (continued in 6 (1) of the current version of the Act) says no, and is therefore not recoverable by the estate in an action enabled by that very Act.

The full amount of the interest charge is not recoverable from ICBC.

While devastating, these damages generally are not recoverable.

Attorneys» fees and expenses associated with a contractual breach — costs that are generally not recoverable in the United States and in other jurisdictions without a UK - style «loser pays» rule.

Accordingly, «in automobile collision cases, «punitive damages are not recoverable [if] the driver... simply violated a rule of the road.

'' [P] unitive damages are not recoverable when liability is premised solely on the employer's violation of the Labor Code statutes that regulate meal and rest breaks, pay stubs, and minimum wage laws.»

June 12, 2015)(published) denied fees to a borrower who had obtained a preliminary injunction for «dual tracking» violations, reasoning that interim fees for winning a provisional injunction order were not recoverable under section 2924.12 (i).

In ruling that the premiums for an adverse costs policy are not recoverable as a disbursement, the Court commented:

Importantly, California courts have consistently held that damages for emotional distress are not recoverable in a wrongful death action.

Iowa's general rule is that emotional distress damages are not recoverable in tort actions unless there is «intentional conduct by a defendant or physical injury to the plaintiff.»

[5] In my view, assuming that the interest is paid, the interest on a loan to fund general living expenses including treatment costs during the course of litigation is not recoverable as damages where, as here, it is not reasonably foreseeable and arises because of the impecuniosity of the plaintiff.

It held that the cost of advertising to or identifying potential clients, and the cost of arranging a conditional fee agreement (CFA) are not recoverable costs amd that costs incurred before CFAs have been entered into can not be recovered.

Co. reaffirmed the principle that punitive damages are not recoverable for breach of contract.

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

As such, damages for the loss of Mr. Soost's book of business were not recoverable.

In his view, damages for emotional distress are not recoverable under a cross undertaking in damages, unless exceptionally there are particular facts which make such an order appropriate.

This was partly because the market was too small and partly because premiums were not recoverable, which in turn impacts on the size of the market.

If the ATE policy is not recoverable and the solicitor is taking in addition a success fee the clients may have considerable deductions from compensation.

Lord Jackson was aware of the cost regime in Scottish PI cases and page 112 (para5.5) comments «In this regard, it is significant that in Scotland personal injury cases are conducted satisfactorily on CFAs, despite the fact that success fees are not recoverable.

Overview Thanks to the Jackson reforms, when a matter is litigated in a UK court, the fees associated with third party funding are not recoverable...

Separately, proposals are afoot to raise the small claims limit to # 5,000 for road traffic accident claims — this would exclude most litigants from representation since legal costs are not recoverable in the small claims court.

The authors of this original study stressed that this coal was therefore classified as speculative resource, and that «much of this coal is not recoverable by known methods and technologies».

The ETF pays the withholding tax and this is not recoverable for Canadian investors.

Also, CLU.C costs more in tracking error when held in a RRSP (the withholding taxes paid are not recoverable).

When you hold these in a taxable account, you can recover taxes withheld by the US - listed ETF, but those withheld by non-US countries are not recoverable.

The 15 % withheld in a TFSA is not recoverable.

It was my understanding that a withholding tax paid by an entity other than yourself is not recoverable by you.

The withholding tax paid to the IRS by XIN is not recoverable and creates an additional tax drag.

Bottom line: If a Canadian ETF simply holds a US - listed ETF, an additional tax drag is created due to withholding taxes that are not recoverable when the ETF is held within a RRSP account.

As the PWL paper notes, since no tax slips are issued for dividends received in registered accounts, any foreign withholding taxes incurred are not recoverable.

Withholding taxes will be deducted from foreign dividends received in a TFSA, and these taxes are not recoverable.

Inside a RRSP account, the withholding tax is not recoverable.

Many of these residues are not recoverable printed plastic due to its high content in ink and therefore it can not even be used to produce recycled plastic.

In particular when anxiety blows up into a full - blown depressive episode, a resulting suicide is not recoverable.

ANYhoo... add to that my failed sugar cookies for Christmas last year (waaay too soft after about 12 hours) and a spectacular fail from a quick bread mix (had to throw it away, it was so undercooked and not recoverable).