Sentences with phrase «stated claims for relief»

This week, U.S. District Judge Anna J. Brown dismissed Andersen's complaint, finding that she «has not adequately stated claims for relief» — but the judge gave her 30 days to cure those deficiencies in an amended complaint.

When the Chaparros filed their lawsuit against Carnival arising out of their daughter's death, and also brought a claim on behalf of her brother for the intentional infliction of emotional distress, the United States District Court Judge dismissed the claim, ruling that under the federal pleading standards, the Plaintiffs had failed to properly state a claim for relief.

Allegations that a municipal actor knew of and disregarded a substantial risk of harm are sufficient to state a claim for relief.

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 Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

BBC reports that United States prosecutors are investigating claims that money — $ 750,000 in total — donated by the Korean football association and FIFA for Haiti earthquake relief instead went into Warner's own accounts for «personal use.»

Notes to Editors Paragraph 2.3 of the Overview of Tax Legislation and Rates budget book states that for anyone seeking to claim more than # 50,000 in otherwise unlimited reliefs, a cap will be set at 25 % of income (or # 50,000, whichever is greater).

For example, Secretary of Education Arne Duncan claims that states have «dummied down» their standards yet at the same time, his department is giving states waivers to provide «relief» from the unrealistically ambitious expectations of NCLB.

58 As Catharine MacKinnon argues in the pages of this Issue, these decisions have undermined efforts to hold schools accountable through the private right of action because schools can do very little and still satisfy the standard.59 As such, it is possible that this state of affairs further encourages individuals to seek relief from OCR, elevating the need for OCR to provide «effective protection» and decrease the time it takes to investigate claims.

Judge Hobgood granted his injunction to temporarily halt the school voucher program on the basis of voucher challengers» first claim for relief: that the state constitution requires that state funds be used exclusively for establishing and maintaining a uniform system of free public schools.

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

The defense and prosecution of claims for unfair competition, unfair business practices and injunctive relief in state and federal courts.

Fortunately, Illinois state laws are designed to protect victims who are injured in collisions by allowing them to seek relief for their losses through the use of a civil claim for damages.

Though these victims can not erase a collision, they may be entitled to relief through the use of a civil claim for damages, which is separate and distinct from any traffic - related charges that may be brought by the State of Illinois.

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

As noted by American law professor Myrna Raeder, «the Osborne majority ceded DNA post-conviction relief to state and federal legislators, claiming for the most part they had already enacted statutes with varying requirements to provide relief.»

Back to South India for the only Bill I've ever heard of that names Coca Cola: the Plachimada Coca - Cola Victims Relief and Compensation Claims Special Tribunal Bill 2011 passed by the Congress controlled (UDF) state legislature in Kerala.

Reported cases include: Gill v Meyers (reasonableness and UCTA), Films Rover v Cannon Film Sales (test for grant of mandatory interlocutory injunction), Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint (acted for defendant in successfully resisting claim for finder's fee in respect of stolen painting), Yukong Lines v Rendsburg — The Rialto (tortious conspiracy and ancillary injunctive relief against controller of corporation), REC v Thames Water (test for grant of interlocutory injunction in field of electricity supply), De Molestina and Others v Ponton (acted for defendant in successfully rescission of share distribution agreements), and Marubeni Corporation v Government of Mongolia (claim on state guarantee)

Notable mandates: Acted for Soltoro Ltd. in connection with its successful disposition by plan of arrangement to Agnico Eagle Mines Ltd.; co-counsel for Trillium Motor World Ltd. in class action against General Motors of Canada Ltd. and Cassels Brock & Blackwell LLP; acted for Canadian Solar Inc. in connection with raising an aggregate of US$ 50 million in equity and US$ 100 million in debt financing for acquisition financing and working capital purposes; external counsel to the Regional Municipality of York, providing a wide range of municipal, real estate, expropriation, litigation, and commercial law advice and services; counsel to minority shareholder of a Nevis LLC worth more than US$ 500 million with respect to a claim for relief from unfair prejudice in litigation in Nevis and the Commercial Division of the Eastern Caribbean Supreme Court in British Virgin Islands, and in contemporaneous related actions in Belize and the United States.

The «local controversy» exception applies when the following criteria are met: (i) greater than two - thirds of the putative class members are citizens of the forum state; (ii) at least one defendant from whom «significant relief» is sought, and whose conduct forms a «significant basis» for the asserted claims, is a citizen of the forum state; and (iii) principal injuries related to each defendant's alleged conduct were incurred in the forum state.

ISDS provisions allows investors from the signatory states (whether individuals or corporations) to bring a claim for compensation or other relief directly against another signatory state where an investment in the host state has been subject to treatment that breaches the investment protections set out in the TPP.

Because the dismissal was technically for plaintiffs» failure to state a claim upon which the Court could grant relief, it was dismissed without prejudice to refiling.

This type of relief is authorized by state law but the claims must be brought within a specified time period, so if you have been injured, you may want to speak with a personal injury lawyer to learn about your rights and your options for help.

Until a new agreement is reached with the EU, the EU State Aid rules continue to have direct effect and therefore claims for damages and injunctive relief against recipients of alleged aid can continue to be brought in the domestic courts.

Our lawyers acted for a US Investment Fund claiming US$ 250m against a European state for unfair treatment in connection with a tender for the privatised telecommunications industry under a bilateral investment treaty and related court proceedings for injunctive relief.

the non-resident subsidiary has exhausted the possibilities available in its state of residence of having the losses taken into account for the accounting period concerned by the claim for relief and also for previous accounting periods; and

As we argue (in some detail), the Supreme Court's Supremacy Clause jurisprudence, especially the 2009 decision in Haywood v. Drown, establishes that the constitutionally required collateral remedy recognized in Montgomery must be available, in the first instance, in state courts — even if the state has not chosen to provide collateral post-conviction relief for comparable state - law claims.

P. 12 (b)(6)(for failure to state a claim upon which relief can be granted).

He also accepted that the second letter was negligent in not explaining the options to Levicom clearly enough and for giving a misleading impression in relation to the prospects of Levicom succeeding in the arbitration in a claim for declaratory relief against the Swedish companies (where the chances of success in establishing a breach of contract were stated as «in the region of, but not less than, 70 %»), rather than concentrating on how to quantify and make a claim for substantial damages.

Legal Assistance to Institutionalized Persons, Location 2011 — Present «Legal Aid» Clinical Intern Accountable for representing state prisoners in civil and criminal claims, including post-conviction relief and appeals.