Sentences with phrase «of claim asserted»

Furthermore, Ryans expressly states that the CBA is not the source of any claim asserted herein and expressly disclaims any potential remedy or cause of action that could be brought under the CBA for the injury and / or occurrence in question.»

Particulars of claim The council's particulars of claim asserted that «permanent injunctive relief pursuant to s 222 of the 1972 Act restraining each defendant's behaviour was likely to achieve the promotion or improvement of the economic, social or environmental wellbeing of the council's area or alternatively that it was expedient for the promotion or protection of their area that the defendant be restrained from committing tortious and criminal acts».

His notice of claim asserted that Mahoney was violating her «fiduciary duty» to county taxpayers by socializing with Dixie.

Last March, Antonacci filed a notice of claim asserting his right to sue the county over the incident.

The agreement precludes further litigation of the claims asserted in the current lawsuit.

[Similarly pleadings would look markedly different] if the level of the initial filing fee [was] tied to the quantum of damages sought or the number of claims asserted -LSB-.]

He handles an array of complex cases involving diverse and complex subject matters, ranging from the defense of claims asserting violation of federal consumer protection statutes such as the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, to the prosecution and defense of shareholder disputes and derivative actions.

The court dismissed all of the claims asserted by the purchaser.

Not exact matches

Waymo (googl) has asserted claims that Uber stole several of its trade secrets.

In a ruling last week, Judge Ernest Goldsmith said Google could arrange its search results however it wants, as it «met its burden of showing that the claims asserted against it arise from constitutionally protected activity.»

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost - prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faith;

The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBCUniversal; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $ 10,000 in aggregate, by telephone or by written submission.

Sessions himself has said a «properly exercised» Civil Rights Division «provides tremendous benefit to American citizens» but should not be used as «a sword to assert inappropriate claims that have the effect of promoting political agendas.»

Using real - life anecdotes from busy professionals (check out the complete post for lots of interesting personal stories) who claim to «have it all,» Vanderkam asserts that with thoughtful use of checklists or intensive scheduling (one interviewee dutifully adds sleep and «unexpected pursuits» to his calendar), you really can shoehorn all your priorities into your allotted hours.

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

When an investment firm requested a search of documents related to Sino - Forest Corp., the Chinese forestry giant once listed on the Toronto Stock Exchange, a due diligence software engine dubbed The Brain came up with an article that asserted the company didn't appear to own as much land as it claimed to.

But at least a few of TDCJ's other claims seem suspect: TDCJ posted to Facebook a series of photographs and videos of staff handing food and water to inmates in a dry prison yard, but inmate family members and NLG assert that some of the employees pictured were no longer working at those units, and allege that TDCJ must have recycled the photographs from a previous event.

No taxing authority is asserting or threatening to assert a claim against the Company under or as a result of Section 482 of the Code or any similar provision of any foreign, state or local Tax law.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

Of the 1,266 Irma - related claims filed against Citizens in January and February, 59 percent challenged the company's decisions about the scope of damages, asserting that the amount of money paid to restore homeowners to their pre-loss conditions was inadequatOf the 1,266 Irma - related claims filed against Citizens in January and February, 59 percent challenged the company's decisions about the scope of damages, asserting that the amount of money paid to restore homeowners to their pre-loss conditions was inadequatof damages, asserting that the amount of money paid to restore homeowners to their pre-loss conditions was inadequatof money paid to restore homeowners to their pre-loss conditions was inadequate.

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

On June 11, 2015, the Court issued an order (the «Claims Procedure Order») approving the claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31,Claims Procedure Order») approving the claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31,claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31, 2015.

«It is hereby stipulated and agreed, by and among Benchmark, Kalanick and Uber, through their undersigned counsel,» wrote Delaware Court of Chancery Judge Sam Glasscock III in his order, «that this Action and the claims asserted therein are dismissed with prejudice, and that each party shall bear its or his own costs, fees and expenses.»

Spoiler Alert: To my surprise, the first sentence of the opinion's discussion section said, «As explained below, the Court has determined that the Asserted Claims are not directed to patentable subject matter.»

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

After listing some instances of Halliburton overcharging alleged by Pentagon auditors, Mr. Kerry asserted: «While Dick Cheney claims that he has gotten rid of all of his financial interests in Halliburton, he's actually received $ 2 million in bonuses and deferred compensation from his former company since taking office in 2001.

In February 2014, JPMC agreed to pay $ 614,000,000 to settle charges asserted by the United States Attorney's Officer for the Southern District of New York, the Federal Housing Administration, the United States Department of Housing and Urban Development, and the United States Department of Veteran Affairs resolving False Claims Act, FIRREA and other civil and administrative liability for FHA and VA insurance claims that have been paid to JP Morgan Chase since 2002 through the date of settlClaims Act, FIRREA and other civil and administrative liability for FHA and VA insurance claims that have been paid to JP Morgan Chase since 2002 through the date of settlclaims that have been paid to JP Morgan Chase since 2002 through the date of settlement.

Adjusted EBITDA, as adjusted for organizational and separation related costs and claims asserted related to a Luxury segment project, was $ 28 million in the second quarter of 2012, an increase of $ 6 million from Adjusted EBITDA on a pro forma basis of $ 22 million in the second quarter of 2011.

Plan sponsors using our Fiduciary Investment Services can expect protection from liability arising from third - party claims asserting a failure to exercise the appropriate standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.

He then goes on to assert that it is simply not true that strength and weakness in gold stocks tells us anything about the future performance of gold, which as anyone with a little bit of experience in trading this sector knows is incorrect, even if he tries to support his claim with presumably carefully cherry - picked statistics.

He also dismissed the complaints of those who claim that he wants to create a state church, but at the same time asserted that Ukraine needs an independent church, free from Moscow and Russian attempts to dominate Ukraine.

Asserting that all innocence has been lost, Zizek claims that an object is no longer considered art «simply [on] its direct material properties, but [by] the place it occupies, the (sacred) Place of the Void of the Thing.»

«To assert that the earth revolves around the sun is as erroneous as to claim that Jesus was not born of a virgin.»

I don't see any claim that mercy is the greatest attribute or is essential to God, nor am I aware of any place where Aquinas asserted that mercy is of God's essence.

When Jesus claims that he is the truth, he asserts that truth is a relationship and part of an encounter, and it can never be seen as a contextless principle that can be used to hurt others.

Although, according to Keen, we can not claim any sure knowledge of God, theology can nevertheless use the word God to serve an indispensable function 36 We need to remain hopeful if we are to maintain our sanity, Keen asserts.37 Thus the idea of God can function to unify our needful affirmations about this unknown source - affirmations of «the trustworthiness of the mystery which surrounds [our] existence.»

He was at work in the company of friends when his mother and brothers came and asserted a claim to his attention.

When the teacher dies he leaves behind him no claim upon the soul of the disciple, just as the disciple can assert no claim that the teacher owes him anything.

To assert that Wesley was an evangelical is the most obvious of my claims.

Von Hayek and his comrades assert that the roots of the crisis are to be found in the ominous and excessive power of unions, and in a more general way, of the labour movement; according to them, unions have undermined the base of private accumulation (of investment) by their salary claims and by their pressure against the rise by the State of the parasitical social expenses without end.

Each one of us must eventually face the real issue, which is quite simply: do I believe after adult examination of the evidence that Jesus Christ was what he claimed to be, or am I prepared to assert quite definitely that he was wrong in his major claims and that, though much of his teaching is beautiful, he himself was a self - deceived fanatic?

Harping on this formulation of the question in terms of what constitutes the «I,» where man finds his «true self,» Ziegler claims that this «reveals Soloveitchik's true orientation,» which he asserts is essentially individualistic.

Nor can any factual warrant be claimed for asserting the biological harmfulness of miscegenation — the alleged «contamination» of «superior» racial stock by crossing it with «inferior.»

No uniform pattern emerges, but the variety will be a source of ferment as the Holiness and Pentecostal churches continue to assert themselves and to emerge from isolation to claim a significant place among other churches of Christendom.

Their author writes to warn the churches against false teachings, particularly the claims of entire sanctification and the Gnostic heresies asserting a special illumination, which were upsetting them and causing divisions.

Stein's life and work can help women in all walks of life reclaim a feminine ethos without saying that biology is destiny, or asserting that women can only be fulfilled as biological mothers and companions to men, or claiming that to earn respect women have to act like men twice their age.

Now there are men who find it edifying that the demand to will one thing be asserted in all its sublimity, in all its severity, so that it may press its claim into the innermost fastness of the soul.

Spirit, then, is one of the categories which are fundamental for our knowledge of God, and yet which we hold as analogies and symbols, for we can never claim full understanding of them even as they apply to our being, nor can we assert that we know their full meaning in God.

However, unless it is asserted simply to be theology for the oppressed classes of Latin America, it must claim broader relevance, and in fact it does so.