Sentences with phrase «policy as a matter of law»

The trial court held that the loss was covered by the policy as a matter of law.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

As a policy matter moreover, we reject the use of military force where well - established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat.»

James Blumstein, a professor of law and the director of the Vanderbilt Health Policy Center, explains that if Brown had standing when she filed suit — originally — that's what matters most, since the NFIB, which is an institutional litigant, has members who are in similar circumstances as Brown.

«Once this sort of behavior becomes normalized, it becomes harder to push back on both as a consumer and as a matter of policy,» said Woodrow Hartzog, a professor of law and computer science at Northeastern University.

Among other matters, the audit committee evaluates the independent auditors» qualifications, independence and performance; determines the engagement of the independent auditors; reviews and approves the scope of the annual audit and the audit fee; discusses with management and the independent auditors the results of the annual audit and the review of our quarterly financial statements; approves the retention of the independent auditors to perform any proposed permissible non-audit services; monitors the rotation of partners of the independent auditors on the company's engagement team as required by law; reviews our critical accounting policies and estimates; oversees our internal audit function and annually reviews the audit committee charter and the committee's performance.

«As a matter of policy, we don't confirm or comment on inquiries from regulatory agencies or law enforcement, including subpoenas,» read a statement from the bank.

In the Netherlands as in the other countries of Europe and North America, law and policy in the decades following the Second World War moved steadily away from the teaching of the Gospel and the magisterium of the Church on matters of marriage, family and life.

But to have an organisation such as the Law Society seeming to promote or encourage a policy which is inherently gender discriminatory in a way which will have very serious implications for women and possibly for children is a matter of deep concern.»

As a matter of routine, the village, which employs about 100 people, needed to update its employee policies to reflect the state breast - feeding law passed in August.

As a matter of public policy, the law of the land rewards us for taking a personal role in the advancement of society.

Evidence of any law or policy requiring this approval should as a matter of law, be presented by the petitioners.

I support it personally and as a matter of policy and law.»

A co-founder of the now - dominant Progressive Caucus, he became a regular face at Occupy Wall Street and Black Lives Matter protests, and commandeered headlines as a bitter critic of former Mayor Michael Bloomberg's policing policies and of Gov. Andrew Cuomo's handling of the city's rent laws.

But in cases like Texas v. Johnson, Scalia remained true to his legal principles and struck down an anti — flag - burning law that, as a matter of policy, he obviously favored.

I have no opinion on the ruling as a matter of law, but as a harbinger of education policy in the United States, it is a big mistake.

Additionally, he has served as an education policy analyst for the Michigan House of Representatives and as an Administrative Law Judge for the Michigan Administrative Hearing System, adjudicating unemployment matters.

The DOT Order directs the Department to consider EJ objectives when administering the requirements of NEPA; Title VI and related statutes; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA); Congressional authorized planning requirements; other laws, regulations, and executive orders, that address or affect infrastructure planning and decisionmaking; social, economic or environmental matters; public health; and public involvement.

Mackinac's director of labor policy is Vincent Vernuccio, who chairs a committee of the labor task force of the Bradley - supported American Legislative Exchange Council and previously has worked at the Bradley - supported Capital Research Center and Bradley - supported Competitive Enterprise Institute... MCLF spent much of last year helping to defend the new right - to - work law, in policy and legal arguments, as well as in the larger public discourse in the state and nationally... MCLF is working with the Bradley - supported National Right to Work Legal Defense Foundation on this and several other legal matters surrounding implementation of right to work in Michigan... On education, among other things, Mackinac is analyzing mroe [sic] than 200 collective - bargaining agreements (CBAs) in the state, covering some 75 % of the state's public - school students, to see if and if so, how, they are adhering to the teacher - tenure and - evaluation policy changes.

Some high - emitting nations have expressly stated that they will not adopt climate change policies that harm their economy — thus ignoring their obligations to others as a matter of ethics, justice, and international law.

Some high - emitting nations have expressly stated that they will not adopt climate change policies that harm their economy thus ignoring their obligations to others as a matter of ethics, justice, and international law.

60 Consequently, as the Commission observes, to regard the rules on patentable subject - matter in Article 27 of the TRIPs Agreement as falling within the field of the common commercial policy rather than the field of the internal market correctly reflects the fact that the context of those rules is the liberalisation of international trade, not the harmonisation of the laws of the Member States of the European Union.

As a matter of policy, it makes sense to immunize judges in all their judicial functions, even when a judge acts with malicious intent, University of Pittsburgh law professor Arthur Hellman tells Jones.

We think it beyond question that a union may conclude a wage agreement with the multiemployer bargaining unit without violating the antitrust laws, and that it may, as a matter of its own policy, and not by agreement with all or part of the employers of that unit, seek the same wages from other employers.

In addition to our advocacy services, we advise employers in matters such as collective bargaining, creating compliant human resources policies and avoiding the adverse labour relations and employment law consequences associated with the purchase, sale or restructuring of a business.

For the reasons given by the Court of Appeal, we are all of the opinion that the exclusion from the insurance policy based on art. 2402 of the Civil Code of Québec may not be set up against the heirs of the insured, as that article must, even in light of s. 34 (1) of the federal Interpretation Act, R.S.C. 1985, c. I - 21, be interpreted having regard to the principles of interpretation that apply in the area of insurance law so as to favour the precision and certainty of the grounds for exclusion in such matters.

There was some difference of views whether such agreements could bind courts, as evidence law is at least in part a matter of public policy.

Her areas of employment law experience includes acting for clients on Employment Tribunal matters involving claims for unfair dismissal and discrimination and providing advice to a variety of clients on day - to - day employment issues such as disciplinary and performance management, sickness, redundancy, contracts of employment, HR policies, recruitment and managing staff exits.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

His arguments on how the limits of EU competence in criminal matters may have in fact the opposite decriminalising effect, as well as the information he supplies on the EU criminal law policy in practice are fascinating and reinvigorating.

In general law enforcement may have a duty under department policy as a matter of employment law, but there is no general legal duty for a police officer to report a crime committed in their presence.

I'm not sure about the juvenile death penalty as a matter of policy, but I found Justice Scalia's powerful dissent pretty tough to refute as a matter of constitutional law.»

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

... As a matter of public policy, we want all drivers to obey all traffic laws, not just the prohibition against following too closely.»

The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution as to the organ which should determine such questions, falls away once it is seen that waiver of immunity is a question to be determined by the judiciary as part of the contractual and procedural law of the DIFC.

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM - related issues.

The legacy of thousands of our children who died as a matter of state law and policy should at least have included a promise to stop stealing our children.

As an Executive Committee member of the Law Society of Singapore, he also provides feedback on policy matters to local authorities.

As a matter of policy, the law required an objective standard to screen claims: «[65]... Given the frequency with which everyday experiences cause transient distress, the multi-factorial causes of psychological upset, and the highly subjective nature of an individual's reaction to such stresses and strains, such claims involve serious questions of evidentiary rigour.»

Prior to joining JMBM, Matthew worked for five years as an appellate attorney in the Environment & Natural Resources Division at the U.S. Department of Justice, where he represented federal agencies in the federal courts of appeals; for four years as an attorney at Paul Hastings, where he advised and represented corporate clients in environmental and real estate matters; for two years as a law clerk to the Honorable Consuelo M. Callahan on the U.S. Court of Appeals for the Ninth Circuit; and for two years as a supervising attorney and lecturer at the Stanford Law School Environmental Law Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy mattelaw clerk to the Honorable Consuelo M. Callahan on the U.S. Court of Appeals for the Ninth Circuit; and for two years as a supervising attorney and lecturer at the Stanford Law School Environmental Law Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy matteLaw School Environmental Law Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy matteLaw Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy mattelaw and represented grass - roots and national organizations in environmental litigation and policy matters.

As a matter of public policy, the English Courts will not enforce the obligations under the Purchase Undertaking because it was entered into for a purpose which is unlawful under the law of friendly foreign state.

At trial Dana Gas instead sought to rely on the more general principle that, as a matter of public policy, the English Courts will not enforce a contract which is entered into for a purpose which is unlawful under the law of a friendly state.

Recommended by Legal 500 and Chambers & Partners as a leading junior in Education law, Holly regularly advises on the full range of public and private education law matters, including special educational needs / disability discrimination, educational negligence, Academies, further and higher education issues, local authority policy matters, claims by and against state and independent school, regulatory matters, Ofsted and the OIA.

From an employment law perspective, Chanani advises his clients on a range of employment - related matters outside the United States, including global / local offer letters and employment contracts, HR policies and handbooks as well as termination and settlement agreements.

Located in Montreal, and fluently bilingual, Ava works with clients on a wide array of matters, ranging from licensing, copyright clearance, incorporation and service contracts to web - related issues such as vetting content, social media copy, privacy policies, terms and conditions, language / privacy laws, and website guideline, development and hosting contracts.

Statutory limitation periods are prescribed as a matter of Qatari law and therefore parties should treat them as principles of public policy that can not be varied by contract.

Does that make sense to you, as a matter of policy, law or technology?

The Disability Discrimination Act 1995 (DDA 1995) has had a major impact on employment law, with the received wisdom being that it was intended to go beyond ordinary notions of equality (the basis of the rest of discrimination law) and give greater rights to disabled employees, as a matter of social policy.

«Companies in Canada and the U.S. have a real dilemma because if as a matter of corporate policy you are making facilitating payments then you're condoning the violation of local law.

As a matter of law, an exception clause that results in a policy insuring nothing is nullified: Cabell v.