Sentences with phrase «statutory claims for»

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.

Not exact matches

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.»

State regulators, unlike class action plaintiffs, can claim statutory penalties for every violation of state law.

Peter Saunders, from National Association for People Abused in Childhood claims victims wants to see a more transparent selection process put in place ahead of any newly proposed statutory inquiry.

The Government has continually hidden behind the statutory nature of RE, claiming that it provides sufficient protection for the subject, but it's clearly not working.»

As a general point, the statutory time limit for bringing a claim for damages for personal injuries is three years from the date of the incident.

The form enables a pregnant woman to claim for: Statutory Maternity Pay (SMP) from her employer Maternity Allowance (MA) from Jobcentre Plus.

He also raised some statutory infractions he claimed, the company may have violated for government's decision.

A ruling issued on Wednesday by the Appellate Division «found no statutory support» for the competing claims for control of the party that a package of rules be approved by a majority of the candidates who ran on the ballot line last year.

During the heated and often angry debate in Commons committee, Smith claimed the government had consulted the Electoral Commission, fulfilled its statutory obligations and insisted there was «widespread support» among parties in Northern Ireland for no backdating of transparency other than from July 2017.

However, if any party prevails on a statutory claim that affords the prevailing party attorneys» fees, or if there is a written agreement providing for payment or recovery attorneys» fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

Requirements governing the initiation of statutory and collective bargaining claims remain unchanged, including the time frames for filing such claims.

In the US, registering that copyright simply provides a few statutory rights when it comes to claiming damages — and it should only cost you $ 35 to apply for it online (as of March 2018).

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

I remember looking through the claim tables in the statutory books for Penn Treaty because the GAAP statements weren't filed, and concluding that the firm was insolvent back in 2005 or so.

To make a claim please fill out this Statutory declaration for claims by shareholders of deregistered companies.

L. 97 — 34, § 101 (e)(5), revised provisions respecting additional withholding allowances for anticipated excess itemized deductions and tax credits claimed in accordance with Treasury regulations and Treasury statutory authority to provide additional withholding allowances for any additional items specified in Treasury regulations.

For more S terms: Schedules and Statements - Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell Statutory Lien - Dorota Trzeciecka Bankruptcy Blog Strip - Bay Area bankruptcy lawyer Cathy Moran Security Interest - Jay S. Fleischman Student Loans - Colorado Springs Bankruptcy Lawyer Bob Doig Spouse - Cleveland Bankruptcy Attorney Bill Balena Statement of Intention - Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein Statutory Lien - Dorota Trzeciecka Bankruptcy Blog Step Plan - Kurt O'Keefe Michigan bankruptcy lawyer Stuff - WilksLaw, — DC Metro Stuff - Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein Stuff - Jacksonville Bankruptcy Attorney, J. Dinkins G. Grange Small Claims - Wisconsin Bankruptcy Lawyer, Bret Nason Section 341 Meeting of the Creditors - Allen Park, Michigan Bankruptcy Attorney, Christopher McAvoy Sole Proprietorship - Bar Area Bankruptcy Attorney, Jeff Curl

NoteWorld's claim that it is not a debt settlement or «debt adjusting» company is particularly outrageous, since it clearly meets the statutory definition for such companies.

Pursuant to the Plan, the Company is also authorized to dispose of its remaining non-cash assets, on such terms and at such prices as the Company's board of directors, without further shareholder approval, may determine to be in the best interests of the Company and its shareholders, to pay or make reasonable provision to pay all claims against and obligations of the Company, to make such provisions as will be reasonably likely to be sufficient to provide compensation for any claim against the Company which is the subject of a pending action, suit or proceeding to which the Company is a party, to distribute on a pro rata basis to the shareholders of the Company the remaining assets of the Company, and, subject to statutory limitations, to take all other actions necessary to wind up and liquidate the Company's business and affairs.

If you believe that your work has been infringed on the Site, please send a statutory notice to our copyright agent for notice of claims of copyright infringement:

However, if any party prevails on a statutory claim that affords the prevailing party attorneys» fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

If threatening to charge statutory interest has done nothing to help, you could threaten to make a court claim for money.

The employee, Moorthy, received from his employer statutory redundancy pay of # 10,640 and, following mediation over his claim, # 200,000 compensation for loss of office and employment.

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.

The lawyers claimed they were improperly classified as contractors rather than employees of the company and, pursuant to Ontario's employment standards legislation, they sued for unpaid overtime, vacation and statutory holiday pay.

These include for example, the right to claim unfair dismissal, to receive statutory sick pay maternity, paternity and parental rights; to be paid the national living or minimum wage depending if they are aged 25 or more; to have working time rights such as not to be forced to work more than 48 hours per week, regular rest breaks and night working health and safety standards; to receive a statement of terms and conditions of employment.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not otheFor example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not othefor an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not othefor failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

There are statutory time limits to filing a civil claim for damages, and we recommend that you engage the services of a competent quadriplegia accident lawyer as soon as is reasonably possible after the accident.

Although indemnity exposure to a nonsettling defendant is certainly a factor to be gauged in the good faith determination calculus, PacifiCare could not recover fees under Health and Safety Code section 1371.25 given that the statutory provision's first sentence prevented plaintiffs from holding PacifiCare vicariously liable for Bright's conduct or for recovering the attorney's fees PacificCare incurred in its defense of plaintiffs» claims.

I acknowledge that by settling for the lump sum, I have compromised my claim for statutory accident benefits and I will never be able to claim again for medical, rehabilitation, attendant care and weekly indemnity payments that would be available to me.

The complexity of bringing a lawsuit against the government, including the need to comply with statutory requirements in filing a notice of claim for injury, make the assistance of an experienced attorney a valuable asset in any accident or injury case in which a government entity may be at fault.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

As a result, Sondhi claims she and her colleagues were for years denied statutory labour protections, such as notice of termination.

If the registered proprietor refuses to do what is right, the Court has full power direct the register to be rectified in such manner as it thinks just... I can not doubt that the sections above referred to suffice to enable the court, in all cases for which no express provision is made... to cause the register of proprietors be rectified, so as to confer the statutory benefits of registration upon any person who, in the opinion of the Court, is entitled to claim those benefits.

n If a claim for possession in respect of residential property let on a tenancy relies on statutory grounds, then they must be specified in the particulars of claim — on and off line.

Interestingly, the state is not claiming copyright on the text itself but on such things as the «arrangement and subject matter compliation... the leadlines and numbering for each statutory section, the tables, index and annotations...» -LRB-(From the order posted... [more]

For instance, within the context of a motor vehicle collision, any such contractual term establishing a subrogation claim would be contradicted and overruled by the specific provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way arouFor instance, within the context of a motor vehicle collision, any such contractual term establishing a subrogation claim would be contradicted and overruled by the specific provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way aroufor LTD benefits paid, not the other way around.

The AIA included a statutory right for patent owners in all three AIA trial proceedings to move to amend claims.

He advises and acts in the full range of statutory dismissal and discrimination claims, with a focus on those involving claims for substantial compensation or serious reputational issues for the respondent organisation or its senior management or where there are related High Court proceedings.

This is because there is a $ 36,000 statutory deductible for all pain and suffering claims.

With the ever - decreasing Statutory Accident Benefits available to injured persons in Ontario, many plaintiff lawyers will be facing the dilemma of how to bridge the financial gap for their clients until their tort claim can be settled.

Generally speaking, aside from very specific types of cases involving contracts, or specific types of statutory relief, a Plaintiff typically includes counts for things like NIED (negligent infliction of emotional distress), pain and suffering, loss of consortium, loss of future earning capacity — these are a few of the types of counts whereby there is no specific value a defendant could ever point to being «fully satisfied» — the reason being, a jury needs to determine the legitimate value of these claims unless the Plaintiff accepts a settlement award whereby he / she / it feels as if it's fully satisfied.

It is remedial because it is intended not only to compel compliance by insurers with an important statutory purpose, but also to provide a remedy to the other party who was deprived of the opportunity for an early settlement of the claim.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

258.2 Sections 258.3 to 258.6 apply only in respect of a claim for loss or damage from bodily injury or death arising from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule.

(b) hold himself, herself or itself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an insured or an insurer for which indemnity is provided by a motor vehicle liability policy, including a claim for Statutory Accident Benefits.

It's that time of year where compensation limits for claims such as unfair dismissal and for statutory redundancy payments are reviewed.

Ontario Court Provides «Appropriate» Relief Against Statutory Limitation For Insurance Claims