Sentences with phrase «statutory damages under»

The AG, Maura Healey, is asking for statutory damages under Massachusetts consumer and data security law on behalf of every state resident whose private information was exposed when hackers broke into Equifax's systems — regardless of wheth

Not exact matches

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

c) that the Applicant has not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and / or amending such Act).

Our policy is to immediately file DMCA complaints and federal copyright infringement lawsuits against any webmaster caught stealing content from Sex-Dating-Reviews.com and to press for statutory damages as high as $ 150,000 as set forth in Section 504 (c)(2) under 17 U.S.C. Section 101 et seq..

Under some state fair debt collection acts, you can get more than $ 1,000 in statutory damages.

The purpose of section 36 of the Competition Act is to create a statutory cause of action entitling a victim to recover damages caused by conduct that is a criminal offence under the Act.

This is obviously a different standard and each case should be looked at under its specific facts to determine whether it falls under a statutory punitive damages claim or a common - law punitive damages claim.

The Court also held that the plaintiffs» recovery, even if sustained, would be limited to $ 20,000 by virtue of the application of the statutory cap on damage awards arising out of charitable activities under G.L. c. 231, § 85K.

If you have a contract with the Federal government, are a provider entitled to Medicare or Medicaid payments, or have any other relationship which is covered under the Prompt Payment Act or other statutory damages laws, you may be entitled to damages when the other party fails to live up to the contract.

That is the range of statutory damages allowed under federal law for copyright infringement.

Ms. Bhatti has been successful in obtaining substantial statutory damages and attorneys» fees on behalf of clients under the ACPA.

225 Except as provided in the Statutory Accident Benefits Schedule, the insured under a contract shall be deemed not to include any person who sustains loss or damage while any automobile insured under the contract is being used or operated by an excluded driver.

A difference of view has been developing between two Family Division judges — Cobb J and Keehan J — over whether the legal aid statutory charge applies to damages recovered by children and their parents under the Human Rights Act 1998 (HRA1998), s 8.

Does the legal aid statutory charge apply to damages recovered by children & their parents under the Human Rights Act 1998, asks David Burrows

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

Prior to August 1, 2015, the statutory deductible for non-pecuniary damages in Ontario was $ 30,000 under the Insurance Act.

We are also well - versed with state and federal laws governing intellectual property, and will aggressively seek all remedies available under appropriate statutes, including statutory damages.

The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of «voluntarily» remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the policyholder.

The national law firm of Watts Guerra can work with you to help collect what you're owed under statutory damages laws.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

Under the Copyright Act, an infringer is subject to statutory damages raising from $ 750 to $ 30,000 for any single infringed work.

To determine whether the scope of the Defendants» (First Choice Holidays & Flights Ltd) obligations in contract and / or tort and / or under statutory regulations; Whether the Defendants or its suppliers of services were in breach of those obligations; If so whether the Defendants» breaches of those obligations caused the Claimants to suffer injury; In the event that the Defendants are liable to the Claimants quantification of damages.

The FTCA is the «exclusive means by which a party may sue the United States for money damages... in tort» pursuant to 28 USC § 2679, but this is really something of an exaggeration as there are lots of constitutional and statutory grounds upon which the United States government can also be sued for money damages that naively appear tort - like, such as a reverse condemnation action under the 5th Amendment to the United States Constitution.

However, another recent American decision resulted in a $ 1.2 million dollar award for copyright infringement of another photograph, this time under statutory damages.

The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of «voluntarily» remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...

The plaintiff must prove the damage results from action taken under a statutory authority and from the construction and not the use of the works.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

Many copyright owners and litigants, and even quite a few of their lawyers, fail to comprehend how statutory damages are actually to be assessed under the Copyright Act.

For illegally under - paying songwriters while handing «outrageous annual salaries to its executives,» Wixen is seeking statutory damages in excess of $ 1.6 bn — or $ 150,000 per song — for «willful copyright infringement».

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract