Sentences with phrase «statutory claims redressable»

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief.

In Silver v. Imax, Justice Katherine van Rensburg dismissed Imax's motion for summary judgment dismissing the statutory claims of the plaintiffs for secondary market misrepresentation.

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

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.

Under English common law, a multitude of non-contractual claims (including tort, competition, intellectual property, and certain statutory claims) are capable of settlement by arbitration.

Two recent decisions have addressed the arbitrability of statutory claims.

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.

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..

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.

It is also common for private plaintiffs to argue common law causes of action together with statutory claims under the Competition Act.

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

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.

The Plaintiffs Jerzy Robert Zaniewicz and Edward C. Clarke advance common law tort claims and also statutory claims with respect to the sale of the shares of Zungui Haizi Corporation in the primary and secondary markets.

Her practice includes the defense of class actions, federal statutory claims and qui tam cases.

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

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».

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.

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

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.

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

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.»

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

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.

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.

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.

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.

The doctrine of special circumstances is of no avail to any of 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.

The statutory claim is also subject to a three - year limitation period, found at s. 138.14 (1) of the OSA.

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.

Upholding the decision of the tribunal, though on slightly different grounds, the EAT held that: his employment was indeed ultra vires; but that did not stop him being an employee within the meaning of the Employment Rights Act 1996 and so able to bring his statutory claim.

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.

Class Actions: Limitation Periods Green v. Canadian Imperial Bank of Commerce, 2014 ONCA 90 What is the limitation period for a statutory claim and a class action claim.

Not exact matches

With a registered copyright, you're entitled to claim not only actual damages, but statutory damages and attorneys» fees as well.

I still do primarily claims relating to motor vehicle accidents and I do a fair amount of statutory accident benefits, defending those on behalf of the insurance companies.

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

The program has a statutory borrowing limit of about $ 30 billion, and numerous new claims could require congressional action to ensure there is enough funding.

The exclusion may be claimed by any «taxpayer» who meets the statutory requirements.

In response, Pomerantz has innovated use of the statutory and common laws of the various U.S. states to pursue such claims.

It's not the first time Trump has made a wild claim, but in this case he's right, by one very important measure — the corporate statutory tax rate.

The Massachusetts judge who found in favor of Chevedden and McRitchie observed that seeking a declaratory judgment in the courts amounts to ««reversing the statutory scheme,» and would also deny the SEC of its role, as the procedures of the SEC provide shareholders with a «relatively inexpensive opportunity to get claims disputes resolved,»» according to the investor letter.

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.»

That is, the claim here is that Federalist # 65 is open to a broader sort of impeachable offense than specific statutory crimes or violations of the Constitution.

I confirm that no part of the Content violates or will violate, or will infringe, any trademark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, music, dramatic, personal, private, civil, property, privacy or publicity right or «moral rights of authors» or any other right of any person or entity, and shall not give rise to a claim of slander or libel.

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.

You can take this leave only if your child's mother was entitled to maternity leave and pay, and has now returned to work and stopped claiming any relevant pay, with at least two weeks of unexpired statutory pay period remaining.

Additional Parental Leave was introduced by the coalition government in 2011, in which extra leave was given to employed fathers if the mother returned to work and was not claiming statutory maternity pay.

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