Sentences with phrase «right of action against»

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.»
Depending on your state law, there may be a contractual right of action against the seller because the cooperative commission appeared in the listing contract.
Either the customer or the service provider may not agree, as a matter of business philosophy, to allowing the other to have a direct right of action against its subcontractors or other service providers, or the arrangements it has implemented with the subcontractors or other service providers may not provide for such arrangements.
These provisions do not however provide the customer or service provider with the ability to enforce the third party's compliance with the confidentiality obligations flowed down to it or a direct right of action against any third party for the third party's breach of such confidentiality obligations.
The reasoning of the CA was that it was difficult to see on what basis the case could be distinguished from cases where a claimant has a right of action against more than one wrongdoer.
Apart from OSHA regulations, you may have a private legal right of action against the operator of the construction site.
Comment: One comment contended that the proposed regulation's requirement mandating covered entities to name the subjects of protected health information disclosed under a business partner contract as third party intended beneficiaries under the contract would have created an impermissible right of action against the government under the Federal Tort Claims Act («FTCA»).
I presume she has not yet applied or not yet received WSIB benefits since the judgement states, «She has a right to claim benefits under the WSIA, and her right of action against her employer is taken away.»
There was no assignment of a right of action against the defendant.
Because the incident happened to the worker in the course of work, they argued, she had no right of action against the employer or executive officer of the employer.
Since the executive officer was not acting in an employment - related capacity, the employee retained her right of action against the executive officer.
The Court of Appeals agreed that the EIPA does not create a private right of action against a bank, rejecting the plaintiffs» argument that such a right was implied by the statute.
Bivens is the 1971 Supreme Court opinion in which the Court held that there was an implied right of action against federal employees for violations of constitutional rights.
In similar fashion, EC Regulation 44/2001 and the EU Court of Justice decision of FBTO v Odenbreit allow British holidaymakers to initiate claims against the EU insurers of negligent third parties in the English jurisdiction, provided the country of origin permits a direct right of action against an insurer.

Not exact matches

I refuse to allow bullying, intimidation and threat of legal action to take away my First Amendment right to speak out against wrongdoing.»
Though many have tried to ride the success of its, um, coattails, Lululemon decided this was the right time to fight, and brought legal action against Calvin Klein in August.
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Only when you look at customer health against things like stage of customer lifecycle, customer size and industry will you be able to take the right action that will make the most significant impact.
Members of the Electronic Frontier Foundation, Demand Progress and other digital rights activists are calling for a «day of action» on Feb. 11 when they hope to rouse the internet community into collectively speaking out against the NSA and the government's other intrusive surveillance tactics.
Tesla shares were trading down on Tuesday after news of a civil rights class - action lawsuit against the automaker.
Disability Rights Advocates, on behalf of the Independent Living Resource Center and two people who use wheelchairs, filed a class - action lawsuit today against Lyft.
In an emailed statement, James Fitz - Morris, a spokesman for Indigenous and Northern Affairs Canada, said Canada is committed to righting historical wrongs committed against Indigenous people and that the federal government is working to resolve the matter out of court, as it did with the Sixties Scoop survivors» class action.
In March, Disability Rights Advocates, on behalf of the Independent Living Resource Center and two people who use wheelchairs, filed a class - action lawsuit today against Lyft.
«The DOL has created a new private right of action,» said Fleckner, who led Goodwin's successful defense of an excessive fee claim against John Hancock in the 3rd Circuit Court of Appeals in 2014, and was a signatory to an amicus brief filed with the Supreme Court on behalf of the Securities Industry Financial Markets Association in Tibble v. Edison.
Bartz argued that the Employee Retirement Income Security Act would now pre-empt state law under the rule and that the rule improperly created a private right of action that could set up class - action lawsuits against insurance companies and agents.
In the event that (i) the Board of Directors proposes, recommends, approves or otherwise submits to the shareholders of the Company, for shareholder action, a Deemed Liquidation Event, and (ii) a Holder has not received written notice from the holders of a majority of the shares of Key Holder Common Stock that such holders approve the Deemed Liquidation Event, then such Holder hereby agrees to vote (in person, by proxy or by action by written consent, as applicable) all shares of capital stock of the Company now or hereafter directly or indirectly owned of record or beneficially by such Holder against the Deemed Liquidation Event, to assert statutory dissenters» rights with respect to the Deemed Liquidation Event, and to take such other action in derogation of the Deemed Liquidation Event as shall be requested by the holders of a majority of the shares of Key Holder Common Stock in order to carry out the terms and provision of this Section x.y..
For example, the actions against Yukos and Khodorkovsky should be an investor red flag about Russia's commitment to rule of law and protection of shareholder and investor rights.
And I do speak out against actions by liberals that infringe upon the right of others.
I concluded at the time of the riots that of all the things the government now needed to do, it was the married family which most urgently needed to be rebuilt: I was and remain as certain of that as anything I have ever written, and I have been saying it repeatedly for over 20 years: I was saying it, for instance, when I was attacking (in The Mail and also The Telegraph), as it went through the Commons, the parliamentary bill which became that disastrous piece of (Tory) legislation called the Children Act 1989, which abolished parental rights (substituting for them the much weaker «parental responsibility»), which encouraged parents not to spend too much time with their children, which even, preposterously, gave children the right to take legal action against theirparents for attempting to discipline them, which made it «unlawful for a parent or carer to smack their child, except where this amounts to «reasonable punishment»;» and which specified that «Whether a «smack» amounts to reasonable punishment will depend on the circumstances of each case taking into consideration factors like the age of the child and the nature of the smack.»
I have protested against confining the significance of Jesus Christ to a divine rescue expedition, but the plain testimony of two thousand years of Christianity is that Jesus Christ does rescue us in the supreme sense that through his deed, culminating on Calvary, he opens up the right road to fulfillment and provides grace — which, as Kenneth Kirk once said, is God's love in action — to enable us to walk that road, even in times of stress and even though we are quite likely to stumble and fall again and again.
Gee, an event promiting action AGAINST other people's civil rights has gotten out - of - hand?
It's a sad commentary that the actions of those that are set to lead many times act in the ways they preach against — and inturn the passion and love of the religion take a backseat to the «I'm right, you're wrong» attitudes that many many Christians have towards other religious people.
Decisions had to be made from time to time as to where or when services of the church would be held; the church needed to be told of the impending visit of an apostle, or of some prophet or teacher from abroad; a question has been raised as to the good faith of one of these visitors, and there must be some discussion of the point and a decision on it; a fellow Christian from another church is on a journey and needs hospitality; a member of the local congregation planning to visit a church abroad needs a letter of introduction to that church, which someone must be authorized to provide; a serious dispute about property rights or some other legal matter has arisen between two of the brothers and the church must name someone to help them settle the issue or must in some other way deal with it; a new local magistrate has begun to prosecute Christians for violating the law against unlicensed assembly, and consideration must be given to ways and means of meeting this crisis; charges have been brought against one of the members by another member, and these must be investigated and perhaps some disciplinary action taken; one of the members has died, and the church is called on for some special action in behalf of his family in the emergency; differences of opinion exist in the church on certain questions of morals or belief (such as marriage and divorce, or the resurrection), differences which local prophets and teachers are apparently unable to compose, and a letter must be written to the apostle — who will write this letter and what exactly will it say?
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«We got this plan in the first place by South Australia threatening to take High Court action against the eastern states and the Commonwealth because of our constitutional rights to water,» he said.
Even with full clearance, though, Bryant is not expected to jump right back into game action Friday night against Golden State or even the next week of Thanksgiving.
True justice would be Bryan accepting this beatdown from Owens and Zayn as part of a long - con to get Shane into the ring so that Bryan could lay hands on the guy who has made his job significantly harder for months and months, and the crowd realizing through Bryan's actions that yes, it is Shane O'Mac who is in the wrong and is the bad guy, and Bryan, Owens, and Zayn deserve to be cheered for standing up against the injustices of their patronizingly paternal corporate overlord, but I'm also not going to hold my breath on the Right Story being told here.
With Morata out of the Spain game against Ukraine tonight, and with them already confirmed as group winners, we should get a good chance to see Nolito in action and get a good idea if he would be the right player for Arsenal.
After that Man City's problems were compounded when David Silva was also taken off while playing for Spain with «a bad sprain of the internal lateral ligament of the right ankle», which means he is also likely to miss the next few weeks of action for City, and we have to remember that both of them are likely to be unavailable for the six - pointer against Man United.
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Right back Jones has joined defensive colleague Wes Brown on the sidelines and their midfield is looking a bit thin as well, with Rodwell, Gomez and Alvarez out of action so you would expect them top struggle against our fluent and dangerous attack.
That is why a lot of Arsenal fans are so upset right now and why we wanted some serious transfer action after the shaky start, but Granit Xhaka has offered a different take on the early stages of the new season, reports Metro, suggesting that apart from the below par showing against Liverpool at Anfield, the Gunners have not been as bad as painted.
Nadal has been out of action since pulling out of his Australian Open quarter - final against Croatia's Marin Cilic due to a right foot injury in January.
This match was Wheeler's first action since Marquette gave away a three goal lead against UWM in the match right before the start of conference action.
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Baby Milk Action and all IBFAN groups support the IBFAN - GIFA office in its work with the various human rights treaty bodies that meet in Geneva: the Committees on the Convention on the Rights of the Child (CRC), the Convention on the Elimination of Discrimination against Women (CEDAW) and the Human Rights Corights treaty bodies that meet in Geneva: the Committees on the Convention on the Rights of the Child (CRC), the Convention on the Elimination of Discrimination against Women (CEDAW) and the Human Rights CoRights of the Child (CRC), the Convention on the Elimination of Discrimination against Women (CEDAW) and the Human Rights CoRights Council.
Disability Alliance (now Disability Rights UK) stated that it was «very concerned» the timetable allowed for the passage of the Bill could «prevent adequate analysis of the potential impact of plans to be undertaken» and warned that it may take legal action against the DWP over some of the proposed changes.
Pressure mounted for Fox News to take action against its top - rated host, Bill O'Reilly, as a series of prominent companies pulled advertising from his show and a leading women's rights group called for his ouster.
Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constitutional Republic.
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