Sentences with phrase «of equitable claims»

There are a number of equitable claims that can be made against an estate to obtain remuneration or another benefit.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

The benefactor is being called to give neither too much nor too little but to discover due proportion in giving a fit and equitable amount, responsive to the competing claims of ever - changing human needs.17 If beneficence is accompanied by a moroseness that silently signals the recipient that it is a very heavy task indeed for the giver to provide, the touchstone of pastoral counsel is «God loves a cheerful giver» (2 Cor.

But El - Yateem, running to replace term - limited Brooklyn Councilman Vincent Gentile, claimed that BDS represents the best chance for the establishment of an independent Palestinian State and the equitable treatment of Arabs in Israeli society.

They do so today for countless purposes, typically to claim a right to free and edgy speech on T - shirts or banners under the First Amendment, to assert rights to education of the handicapped under the federal Individuals with Disabilities Education Act, and to ask for more school spending under state constitutional provisions that are said to guarantee an equitable or an adequate education.

Democrats will be steadfast in their opposition, claiming the work within the federal Office of Civil Rights to be paramount in ensuring the equitable education of all students.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Effective immediately, the IRS today reversed the 2 year statue of limitations on Innocent Spouse Relief equitable relief claims that was put into place after the Seventh Circuit Court of Appeals ruled in favor of the IRS request to put -LSB-...]

7) As I suggested regarding ACA Capital Holdings, they ended up owned by their policyholders, who get an equitable interest in the assets of the company, though not enough to settle their claims.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

Developing nations that make commitments based upon funding from developed nations should be required to explain the equity framework that led to the claim for the contribution.In this regard claims of ecological debt should include explanation of the equity framework on which the equitable debt claim is based.

They are claiming a transparent and equitable distribution of socio - economic opportunities for the best of society».

In a nutshell, our claim in that du Pont and his colleagues reach counter-intuitive conclusions (for example that the EU has made a more «equitable» pledge than either China or India) by way of a cascading series of decisions that, taken together, skew their approach towards various kinds of grandfathering, while, at the same time, appearing to be derived from a balanced and comprehensive set of high - level equity principles.

However, it says that it «reserves its legal and equitable rights in electronic files it creates and maintains, including without limitation, the right to claim copyright in any copyrightable materials, electronic files, data, source code and / or anything in addition to the statutory text and numbering in the content of the site (s).»

This seminar, given by Dov Ohrenstein, addresed the issues concerning Limitation Periods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific performance.

Depending on the facts of your case and the terms of your contract, our business lawyers can pursue claims for monetary damages and equitable relief, including compensatory damages, liquidated damages, specific performance, rescission, and attorneys» fees and costs.

«Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage».

Edward has wide experience in litigation concerning trusts of land, proprietary estoppel, equitable accounting, conveyancing disputes, boundary disputes, adverse possession claims, litigation over easements and restrictive covenants, legal and equitable charges and mortgages, landlord and tenant disputes and possession actions.

Kids Creek Partners L.P., representing Leighton Holdings, Inc. in the defense of lender liability and equitable subordination claims.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

We also prosecute and defend declaratory relief actions seeking a determination of the client's duty to defend and / or indemnify claims, as well as claims for contribution or equitable subrogation.

If a non-delegable duty can be found to apply in the arena of foster care (NA v Nottingham County Council [2014] EWHC 4005 (QB)-RRB-, it is difficult to envisage a claim where, once the five criterion are found to apply, the public body could persuade the court that it is not «fair, just or equitable» to fix it with the duty.

Joshua Munro introduces a first for English law: the equitable right of an insurer to compensation from its own insured in respect of the claim on the policy

It covers a wide range of considerations, including: the date the BIT enters into force; the timing of the alleged breach; whether there is an identifiable investor; whether there is an identifiable investment; fair and equitable treatment; expropriation; breach of the obligation to provide full protection and security, most - favoured nation provisions and their implications; «umbrella clauses» and their implications; whether there are explicitly incorporated procedural requirements to be followed; whether there is sufficient evidence to make out a prima facie case of breach of a BIT; the value of the claim; and «just and equitable» damages.

Advancing claims against a number of individuals and corporate entities in breach of contract, breach of trust, fraud and conspiracy, misrepresentation, dishonest assistance, unlawful interference with economic interests including proprietary and equitable remedies and restitution (for monies had and received).

The owners therefore argued a technical interpretation of section 63, that it was only intended to permit «legal» claims, rather than «equitable» claims.

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

This makes hypocrites of those who claim to (and take an oath to) earnestly analyze, understand, and administer divorce law in a just and equitable manner.

Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on - the - job injury, or even pursing a claim against a third party who caused and / or contributed to your workplace injury, the Columbia, workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the SC workers compensation claims process, including initial hearings and appellate proceedings.

In following BCE the Alberta Court of Queens Bench has firmly asserted that it has a broad and equitable discretion to allow an applicant to bring an oppression claim.

The set - off for which the section provided was not the legal or equitable set - off which provided a defence to claim and which did not involve an exercise of discretion.

In Petrella v. Metro - Goldwyn - Mayer, Inc., 134 S. Ct. (2014), the Supreme Court ruled that the equitable defense of laches is not available when a copyright owner brings a claim for damages under the Copyright Act within the Act's three - year statute of limitations period.

Carole J. Brown, J. held that the equitable claims were barred by the doctrine of laches.

The «Ruta» [2000] 1 Lloyd's Rep 359: Chris acted for the wages Claimants (not Defendants as stated in the report) in this action in which David Steel J. declined to follow a supposed rule set out in a number of text books and instead applied the Admiralty Court's wide equitable discretion so as to accord priority to the claims of unpaid crew members above the claims of the holders of damage maritime liens.

The blog is managed by Juan C. Antúnez, who is a partner with Stokes, McMillan, Antúnez P.A. Essential probate and trust litigation concepts are covered in the blog's articles, with a focus on Florida Supreme Court cases, mediator ethics, equitable law, and even financial exploitation of the elderly claims, as seen in this article.

Many generations of Ontario lawyers were taught that equitable claims are not subject to any limitation period.

But the court should have decided that the particular second buyer couldn't take the benefit of this, because the second buyer was still bound by the personal claim for equitable rectification.

Where a claim is brought more than three years after the injury occurred (or more than three years after the date the claimant had knowledge of it) and is thus time - barred, the court has a discretion under s 19A to disapply the limitation period and allow the claim to proceed, if it is equitable to do so.

Frankel J.A. finds the actions of the predecessor in title can not support an equitable claim against it.

James also regularly advises in relation to shareholder disputes and has recent experience of large s. 994 petitions, derivative claims and just and equitable winding up petitions.

(3) Only the Court of Appeal and the Superior Court of Justice, exclusive of the Small Claims Court, may grant equitable relief, unless otherwise provided.

On April 4, 2016, a tribunal constituted under the Additional Facility to the World Bank's International Centre for Settlement of Investment Disputes (ICSID) upheld Crystallex's claims that Venezuela failed to accord fair and equitable treatment to the Vancouver - based company's investment in the Las Cristinas mining project and unlawfully expropriated the company's investments without compensation.

Negotiated the settlement of complex litigation among shareholders of two closely - held international plastics, companies involving various business torts, contract claims and equitable remedies; coordinated the transfer of stock, the implementation of a security agreement and indemnification for international financing obligations

ABN AMRO Mortgage Group v Household Mortgage Michigan Court of Appeals Docket Nos 265518, 266274 (August 8, 2006)(affirming lower court decision to grant summary disposition to client on equitable subrogation and slander of title claims)

AAA Mortgage Corp v Legghio Michigan Court of Appeals Docket No 239016 (October 28, 2003)(affirming lower court decision to grant summary disposition to clients on claims of equitable subrogation, indemnification and contribution)

Edward Denehan successfully acted for the Defendant in a claim in the Chancery Division of the High Court for equitable and other relief arising out of an alleged oral agreement or understanding concerning the acquisition of four properties back in the 1990s.

Prevailed in a trial in the U.S. District Court for the Eastern District of New York on behalf of a company that provides licensure and educational services to financial institutions against allegations, including breach of contract, breach of fiduciary and equitable claims, initiated by a sales and marketing company after termination of the relationship for poor performance

While equitable laches was rarely successful as a defense, now patent owners can wait to file patent claims to allow the value of a potential infringement judgment to develop.

Rather, as the Supreme Court has explained in a series of decisions over the past decade, the rule in patent cases should be the same as in any other sort of litigation — in this case, the equitable doctrine of laches may not be used by accused infringers as a defense because there is a statute of limitations present to limit claims.