Sentences with phrase «purposes under a claim»

All archived works were originally published on the free Web and have been harvested for preservation purposes under a claim of fair use.

Not exact matches

Under Section 162 (m), the amount of compensation earned by the Chief Executive Officer, and any executive whose compensation is required to be reported to stockholders by reason of such executive being among the three other most highly - paid executive officers of the Company (excluding the Chief Financial Officer) in the year for which a deduction is claimed by the Company (including its subsidiaries) is limited to $ 1 million per person, except that compensation that is performance - based will be excluded for purposes of calculating the amount of compensation subject to the $ 1 million limitation.

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.

(17) The use of nutrition and health claims authorised under Regulation (EC) No 1924/2006 to promote food for special medical purposes would not be appropriate, since consumers of such products are patients suffering from a disease, disorder or condition and are, therefore, not part of the general healthy population.

In addition, food for special medical purposes is to be used under medical supervision and its consumption should not be promoted through the use of nutrition and health claims directly targeting consumers.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

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.

For all practical purposes, the collective Greenpeace organization committed outright political suicide two weeks ago, essentially telegraphing to the entire world that they never had the evidence they claimed they had, proving skeptic climate scientists lie to the public under a pay - for - performance arrangement with fossil fuel industry people just like the way shill experts lied for the tobacco industry.

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

Litigation privilege is a form of legal privilege that can be claimed over documents and information created for the dominant purpose of preparing for reasonably anticipated litigation — such as a prosecution under health and safety legislation.

14.04 (1) A statement of claim (Form 14A (general) or 14B (mortgage actions — foreclosure)-RRB- or a notice of action (Form 14C) may be filed electronically, if the statement of claim or notice of action may, under rule 13.1.01, be filed in a court location for which the software authorized by the Ministry of the Attorney General for the purpose may be used, as indicated by the Ministry.

This morning, the National Law Journal is reporting on a class action filed in California, claiming that Facebook is using names and images of minors for advertising purposes without getting parents» permission as required under California law.

Be sure that the evidence covers the relevant spousal support purposes and considerations set out in the legislation, whether the claim is under the Divorce Act or the Family Law Act.

On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSA.

«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»

For example, there is the possibility that in any case a part of an original site has ceased to be used for the purposes prescribed under the original deed, so as to give rise to a reverter at that stage, with the result that any claims by or on behalf of the grantor's successors could be out of time.

However, and in the absence of reported authority on the point, Judge Mackie QC held that a mere right to claim under I (PFD) A 1975 could amount to an interest for the purposes of bringing a probate claim.

We also looked at a decision relating to claims under the Party Walls Etc Act in Bridgland v Earlsmead Estates [2015] EWHC B8 (HC)(our blog is here); the existence of historic public rights of way in R (Andrews) v Secretary of State for Environment Food and Rural Affairs and others [2015] EWCA Civ 669 (our blog is here); and July saw a crucial decision about the status of a framework agreement for the purposes of a landlord's consultation obligations in Royal Borough of Kensington & Chelsea v Lessees of 1 - 24 Pond House [2015] UKUT 0395.

(a) the highest rate or amount in the range shall be deemed, for the purpose of subsection (6), to be the maximum rate or amount established under the Guidelines applicable to the claim; and

(2) Subsection (1) does not apply in respect of an insured person who elects to bring an action referred to in section 30 of the Workplace Safety and Insurance Act, 1997 so long as the election is not made primarily for the purpose of claiming benefits under this Regulation.

(a) the highest rate or amount in the range shall be deemed, for the purposes of subsection (4), to be the maximum rate or amount established under the Guidelines applicable to the claim; and

All of these losses can be considered under the umbrella of «pain and suffering» for the purposes of a car accident claim, and California law allows victims to seek compensation for pain and suffering in many situations.

The question of how serious must the conduct be to constitute harassment for the purpose of a claim under PHA 1997 has been considered by the higher courts.

The bankrupt claimed that he did not need to rely upon his illegal purpose in order to establish his beneficial interest under a constructive trust.

Ms Chekov argued that the judge should adopt a purposive approach to interpreting the act rather than such a literal one, that the purpose of the wording was to prevent a party from making a double claim under both titles rather than no claim at all.

Your information will be used to provide you with information and services that you request from us, deal with inquiries that you may make, to enable us to provide you with information that we feel may be of interest to you, for the purpose of compliance with applicable laws and regulations, to defend ourselves in claims under such laws, for legal, administrative and management purposes and for other legitimate business interests.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

In addition to strict liability claims, victims may also bring standard negligence cases or sue under a breach of warranty (e.g. the warranty of merchantability or fitness for a particular purpose).

The Court of Queen's Bench focused its analysis on whether the dual - purpose of the investigation (first, carrying on an investigation in the context of a statutory requirement under the OHSA, and second, conducting an investigation in anticipation of litigation) frustrated Suncor's claim of litigation privilege.

Under the legislation, the corporation (i.e. the directors) is not required to comply with the requisition if, for example, it «clearly appears that the proposal has been submitted by [the group] primarily for the purpose of enforcing a personal claim or redressing a personal grievance against the corporation, its directors, officers or security holders -LSB-...].»

(7) The salary, pension benefits, other benefits and allowances of the Small Claims Court Administrative Judge are subject to the recommendations of the Provincial Judges Remuneration Commission and, for the purpose, the Small Claims Court Administrative Judge is deemed to be a provincial judge under the framework agreement set out in the Schedule to this Act.

These features of PBO programs mean that, after reviewing and approving a program for the purpose of our special policy terms, LawPRO has confidence that claims risks associated with work done under the program are appropriately managed.

For example, if a person is charged with observing for a sexual purpose under s. 162 (c), he or she can claim that there was no sexual purpose.

After reaching the conclusion that plaintiffs» contractual interpretation position was not frivolous in nature, it was no far stretch to conclude the claim was not brought for an improper purpose under section 128.5.

appropriate under the Constitution where, as in this case, special racial impact, but no discriminatory purpose, is claimed.

Attorney — client privilege may only be claimed under Nigerian statutory law where a legal practitioner has been engaged and has received information from his or her client «in the course of and for the purpose of his employment as such legal practitioner by or on behalf of his client».

Explanation VI to section 11 of the CPC explains that where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.

For the purposes of an ethics inquiry against a claims adjuster employed by the Respondent, the syndic of the Chambre de l'assurance de dommages, requested documents concerning the claims adjuster from the Respondent under s. 337 of the Act respecting the distribution of financial products and services.

In SOCAN v Bell, the court had to determine if an online preview of a song could be considered «research» for the purpose of avoiding a claim of copyright infringement under a fair dealing exception.

Forthcoming cases in the Court of Appeal include Amissah & Ors v London Underground Ltd [2017] I.C.R. 581 (compensation under the Agency Worker Regulations 2010) and Agarwal v Cardiff University [2017] I.R.L.R. 600 (jurisdiction of the ET to construe contractual terms for the purpose of unlawful deduction of wages claims).

The wife's request was dismissed, but the court clarified that she could be added to the civil action if she wished, for the purpose of asserting any dependent's relief claim under the Family Law Act.

Like you, I purchased an iPad under the cover of claiming some valid business purpose.

The limitation period shall cease to run when the creditor performs any act which, under the law of the court where the proceedings are instituted, is recognized as commencing judicial proceedings against the debtor or as asserting his claim in such proceedings already instituted against the debtor, for the purpose of obtaining satisfaction or recognition of his claim.

The purpose of the transfer is to take advantage of the tribe's claim to «sovereign immunity,» under which an Indian tribe (the usual legal term), as a sovereign nation, is immune from being sued unless it consents or Congress abrogates its immunity.

The Second Motion Judge concluded «In my view, it is essentially an alternative theory of liability for the same complaint... I agree with the Plaintiffs that the Amended Claim does not advance a «new cause of action» for the purposes of the Limitations Act and under normal circumstances an amendment would be permissible under Rule 26.01 [of the Rules of Civil Procedure, R.R.O. 1990, Reg.

(vi) You consent to and authorize any of insurance company's authorized representatives not being direct employees of the company to seek medical information required for the purpose of policy issuance or claim settlement under this policy from any hospital / medical practitioner that you or any person proposed to be insured / insured has attended or may attend in future concerning any disease or illness or injury.

For purposes of an underinsured motorist claim asserted by a person injured in an accident where more than one person is injured, a highway vehicle will also be an «underinsured highway vehicle» if the total amount actually paid to that person under all bodily injury liability bonds and insurance policies applicable at the time of the accident is less than the applicable limits of underinsured motorist coverage for the vehicle involved in the accident and insured under the owner's policy.

For taxation purposes, the policy can be used to claim a deduction on business taxes under the category of business expenses.

Coverage for an accident that occurred while the vehicle was used for commercial purposes if the claim is made under a personal policy.