Sentences with phrase «other state statutes»

The trial court had declined to apply this standard, instead applying the statutory requirements which a landlord must comply with when it attempts to eject a tenant from its premises, finding that the business judgment rule did not apply when it was in conflict with other state statutes.

The California law, and most other state statutes that have followed it, requires that a sales contract include a «notice of cancellation,» which gives a seller a clear method for stopping the sale of a home within a certain time frame — typically five business days.

However, in a twist here that other state statutes do not have, Florida law places a duty on the injury victim to show with admissible evidence that the business failed to meet its legal duty to the victim.

Many other state statutes are drafted differently and allow dealers or the state's attorney general or a motor - vehicle board standing to enjoin direct motor vehicle sales by a manufacturer (see e.g., Tex..

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 next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.

And it's worth noting that there are now 28 states whose statutes allow directors to consider the interests of «other constituencies.»

State statutes restrict the use of drones by law enforcement, the use of drones over critical infrastructure, and flights over private property, among other types of operations.

To accomplish that, the bill adds a definition of virtual currency to the state's money services statute (8 V.S.A. § 2500 et seq.): «stored value that (A) can be a medium of exchange, a unit of account, or a store of value; (B) has an equivalent value in money or acts as a substitute for money; (C) may be centralized or decentralized; and (D) can be exchanged for money or other convertible virtual currency.»

Fundamentalist Mormons, Muslims, and others argue that federal and state statutes on religious freedom protect the practice.

After 1941 investigations revealed corruption in horse racing, several states broadened their statutes to include sports other than baseball.

Maine statute directed the committee to develop this model policy based on the current research and best practice guidelines from the national Centers for Disease Control and Prevention and other states» concussion management documents.

Presents State statutes on postadoption contact agreements, which are arrangements that allow contact between a child's adoptive family and members of the child's birth family or other persons with whom the child has an established relationship.

Variations among states in the degree to which they define through statute or common law the legal relationships of spouses and sperm donors to children conceived using assisted reproductive technology compound the insecurities confronting New York lesbian parents contemplating travel or potential relocation to other jurisdictions.

While practice act oversight varies by state, athletic trainers practice under state statutes recognizing them as qualified health care professionals similar to physical therapists, occupational therapists and other health care professionals.

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

-LSB-...] in «pink slime» defamation litigation, but suit against ABC and others continues [Bettina Siegel / Lunch Tray] Suit against ABC based in part on state food - disparagement statute occasionally criticized in this -LSB-...]

Indeed, a review of the statute's legislative memoranda and other supporting materials on file in the state library indicate lawmakers who voted in favor of the statute never considered that it would be used to conceal misconduct by police or correction officers.

New York had the first such law in the country and today 18 other states have adopted similar statutes.

There are other areas where New York law and courts differ from other states as well as from federal statutes.

The statute continues on, giving other paperwork - type jobs to this office (and his staff), which all relate to the fact that he was to be the keeper of the Seal of the United States (and thus had to handle all official correspondence).

«Jackie's Law» will prevent GPS stalking by updating New York State's stalking statutes to allow law enforcement to pursue criminal charges against those who use GPS or other electronic devices to stalk their victims.

«Creation of the Justice Center and other provisions of the new statute will ensure new safeguards for over a million New Yorkers with special needs who are in the care of the state or community - based organizations, preventing neglect and abuse and appropriately addressing neglect and abuse when they do occur,» said John Coppola, with the Alcoholism and Substance Abuse Providers, in a statement.

While Democrats in other states have mentioned potential legal action, New York would be the first state to take such aggressive action, potentially elevating Cuomo's statute as a leading progressive voice against Trump.

«Our law is very clear that you may not solicit contributions of any amount from other sources and if you do then you're in violation of the public financing statute and you have to refund all of the unexpended state monies in your account as of the date of the violation.»

A City Council bill that creates an alternative to the state's «disorderly conduct» statute, and mandates lower punishment for the infraction, became law on Friday along with numerous other bills relating to protecting undocumented immigrant New Yorkers.

Cuomo's more than an hour long speech included numerous other initiatives, but he might have received the most applause when he announced a women's equality act, that, among other things would codify abortion rights in state statute.

The UC case can also serve as a model for similar prosecutions in other states with strong statutes.

The California statute's authority obviously does not extend to other states, but experts think the settlement will have a substantial national impact because it removes any moral, intellectual, or practical basis for believing that universities and PIs are entitled to provide their workers with a lower standard of safety than the standard that prevails in industry.

(Indeed, the latter is a felony under California state law, although it's complicated — the statute requires «specific intent to infect the other person with HIV.»)

Contain a cancellation provision that appears tailored to this statute and the statutes of several other states.

In Art. 5 (g) of the ICTY statute, rape is only established as a crime against humanity, not as a tool of genocide.76 Like other domestic and international forums, the ICTY is hindered by «legally institutionalized sex inequality,» 77 is easily manipulated by the historical denial of sexual and reproductive harm to women and is obligated to grant institutional deference to states.

Each state's response was carefully verified with documentation, such as a state statute or other evidence provided by the state.

Two, we wondered why some states enacted laws highly favorable to charter schools while others passed more - restrictive statutes.

Washington — State officials who oversee programs funded by Chapter 2 education block grants appear to disagree over whether master - teacher plans and other pay - incentive schemes are allowable expenses under that statute.

Though many states have special education laws of their own — a few of them as innovative as Florida's McKay Scholarship Program --- and multiple federal statutes influence how society does (and doesn't) treat disabled individuals, both in school and beyond, the principal policy engine in the K — 12 realm remains the federal IDEA statute, which has not been reauthorized since 2004 and — as many others have noted — is due for a top - to - bottom review.

Owing to this ambiguity, I penned a letter [vi] to the Department of Education during the comment period on draft regulations arguing that they should broadly interpret the ESSA statute to allow states to use status measures of performance other than percent proficient.

The Office of School Finance is responsible for the development and administration of fiscal standards and other initiatives to promote or achieve efficiency within public schools; the administration of the state aid system for schools in accordance with applicable statutes; the development and maintenance of fiscal policy for all public school districts; and the development and maintenance of procedures for safe and efficient student transportation services.

All schools must follow state and federal statutes as well as other regulatory requirements outlined by MDE and local government.

Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.

The Kentucky Court of Appeals, which was then the state's highest court, held that a statute authorizing public aid to private schools for exceptional children did not violate, among other Constitutional Provisions on Education, Kentucky's Blaine Amendment because the funds were for children's «welfare» rather than «education.»

Represented by Los Angeles law firm Gibson, Dunn & Crutcher LLP, the plaintiffs allege teacher protections such as tenure, seniority rules in layoffs and other teacher dismissal statutes disparately keep ineffective teachers in the classroom in violation of the state constitution's equal protection clause.

The bill also proposes two student count dates, but includes other changes to state school funding statute.

These grants are awarded to state educational agencies and other state entities, charter management organizations (CMOs) and other non-profit organizations and represent the first cohort of new awards under the program's new authorizing statute, the Every Student Succeeds Act (ESSA).

Nowhere in the state's General Statutes is there any provision for scholarship grants to come from any source other than taxpayer funds, Hobgood noted.

The Massachusetts decision may not give the automaker much leverage in other states, because it is highly dependent on the construction of the Massachusetts statute.

The Sky Blue team then dissects what can and can not be disputed within each credit report based on the statute of limitations and other legal criteria, some of which is federal and some of which varies from state to state.

Depending on the state you, your friend, and the LLC are located in, it can be very easy to run afoul of state banking laws, or to somehow violate some other statute pertaining to the legal activities an LLC may undertake by doing something like a loan.

The claim that all other states have similar statutes is false, it is fair to say that most states have similar statutes.

On the other hand, there are a variety of statutes regarding cash advance and payday loans that are unique to each state.