Sentences with phrase «statutory claims»

He defends employers in a variety of claims, including common law and statutory claims of discrimination, harassment, and retaliation.

This raised the implication that the clause intended to cover only terms and conditions of the contract, rather than statutory claims like discrimination or minimum wage.

In addition to the defense of state and federal statutory claims, the Firm also defends claims alleging deceptive and unfair trade practices and invasion of privacy.

Our environmental litigation experience includes citizen suits, toxic tort claims, common law tort claims, federal and state statutory claims, class actions and cost - recovery cases.

The consequences of the interaction between the common law action for breach of contract and its associated remedies and the newer statutory claim for unfair dismissal and the remedies available from the tribunal have been described by various law lords as «awkward», «unfortunate» and «anomalous» and in need of «urgent attention by the legislature».

In the case of one Rahway dancer, the dancer was able to avoid being forced into arbitration after the Third Circuit Court of Appeals ruled that arbitration clauses must have specific language to include statutory claims like minimum wage and discrimination, and the dancer's clause didn't have that wording.

Mediated consumer class actions involving false advertising claims, RESPA, TCPA, Privacy, and other statutory claims

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

Litigation: We have represented Towns in Federal civil rights litigation and employment litigation as well as various statutory claims made in State Court.

Statutory claims management regulation only came into force in April 2007 when it became an offence to provide such services without authorisation under the Compensation Act 2006.

She's also won challenging cases involving statutory claims per the Maryland Consumer Protection Act (MCPA).

The English Court of Appeal has held that (i) statutory claims relating to minority interests in a company (unfair prejudice) are arbitrable, but (ii) arbitrators have no power to order the winding up of a company (see Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855 and Salford Estates (No. 2) Ltd..

Although it was an independent contractor agreement, rather than an employment contract, it had a similar arbitration clause, and that provision similarly was lacking in specific statutory claims that were covered by the clause.

An important fact that worked in that employee's favor was that the clause in her contract did «not mention, either expressly or by general reference, statutory claims redressable by the LAD.»

In reaching this decision, the court placed statutory claims like minimum wage actions under the Wage Payment Law in the same category as discrimination lawsuits brought under the Law Against Discrimination.

The Court of Appeal confirmed, as it had done before, that the key elements of the Tutor Time Exception (the legal elements to enforce a negotiated release, despite the statutory prohibition against releases) require a voluntarily - negotiated settlement of existing statutory claims, agreed with the benefit of legal advice, in settlement of a dispute for existing and known breaches.

Full range of statutory claims before the ET and common law actions in the High Court.

For example, it will prompt questions such as: Are you pursing a common law or statutory claims for damages, or both?

Andrew has obtained favorable results across the country on a host of claims involving allegations of fraud, breach of contract, misrepresentation, false advertising, unfair business practices, product defect and the violation of RICO laws, Fair Credit Reporting Act, Truth - in - Consumer Contract, Warranty and Notice Act and other statutory claims.

This makes them eligible for statutory claims like PF, Gratuity, and Pension.

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

Their corresponding state constitutional and statutory claims, which included freedom of religion, similarly lacked an evidentiary foundation.

However, Strauss has been quite clear that the claim is not based on contract or a statutory claim.

First, the statutory claim under Section 3344 was disposed of on summary judgment, and that dismissal was affirmed.

She has more than three decades of experience navigating business disputes, contractual and statutory claims, business torts, product liability, class actions, mass actions, and licensing matters.

We agree with the motion judge that Private Lending's statutory claims for unfair and deceptive business and insurance practices rest entirely upon its contract

They do not apply when looking at termination dates for statutory claims — e.g. for working out whether an employee has been employed for long enough to bring an unfair dismissal claim, or for statutory redundancy purposes.

The Donovan Commission in 1968 wanted tribunals to deal with «all disputes arising between employers and employees from their contracts of employment or from any statutory claims they may have against each other».

As we have discussed previously, a Georgia wrongful death case has two components, the statutory claim for the value of the life and the claim by the Estate of the deceased for pain and suffering, medical expenses, fear of imminent death and funeral expenses.

In Smarr, Counsel for the family of the young man chose to allocate $ 99,900.00 of the Allstate money to the statutory claim and $ 100.00 to the Estate claim.

Consider that where a spouse dies, the surviving spouse might be entitled to recover 100 % of the Estate claim if there is a will and has to divide the statutory claim with the children.

One of those things is that the clause must explicitly say that the provision covers statutory claims and that the employee / contractor is waiving her rights to bring her statutory claims in court instead of through arbitration.

While courts have the inherent jurisdiction to issue orders nunc pro tunc for leave to proceed with an action where leave is sought prior to the expiry of the limitation period, the doctrine of special circumstances is of no avail to the plaintiffs herein since neither the limitation period in s. 138.14 nor the leave requirement in s. 138.8 can be defeated by amending the pleadings to include a statutory claim under s. 138.3.

An action with respect to this statutory claim may be commenced only with leave of the court as prescribed by s. 138.8 and within the limitation period specified in s. 138.14, that is, three years after the date of the alleged misrepresentations in the instant cases.

In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate...

On this basis, Belobaba J. concluded that he could not say that it is plain and obvious that the limitation period defence applies and the statutory claim is certain to fail.