Sentences with phrase «statutory limit on»

FHA stopped insuring ARMs because it was approaching its statutory limit on the number of such loans it could process in 1998.

WISCONSIN APPEALS COURT STRIKES DOWN MEDICAL LIABILITY LIMIT In July 2017 a Wisconsin appellate court struck down the state's statutory limit on noneconomic damages in medical liability cases, holding that lawmakers» $ 750,000 limit was arbitrary and unfairly burdensome to catastrophically injured plaintiffs.

(Wis., Filed August 11, 2017): Arguing that the statutory limit on noneconomic damages in medical liability cases is constitutional.

Like most states, Virginia has a statutory limit on the amount of time an injured victim has to file a lawsuit.

The issue is whether Wisconsin's $ 750,000 statutory limit on noneconomic damages in medical malpractice cases is unconstitutional.

There is no total statutory limit on IRA accumulations or rollovers from employer defined contribution plans.

Minister Flaherty went on to say, «With this enhanced transparency and accountability, the Government proposes removing the existing statutory limit on borrowings».

Hopefully, at some point in time, there will again be a statutory limit on borrowings, one that can only be changed with Parliamentary approval.

Changes to the Financial Administration Act in 2007 removed the statutory limit on borrowing.

Cuomo, who had never previously taken a public position on the issue, said in his veto message, «The existing statutory limits on the investment of public pension funds are carefully designed to achieve the appropriate balance between promoting growth and limiting risk.»

As the DfE's direction since 2010 has been to move away from top - down prescription, calls for statutory limits on working time and enforced work - life balance policies not only run contrary to this strategy but the likelihood of such dictatorial tools making a significant difference is debatable at best.

«Second, there are the numerous statutory limits on jury trials, such as workers» compensation, no - fault auto claims, state tort claims acts and the like, which remove the right to jury trial altogether or limit the damages that can be awarded,» he says.

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

Ever notice that statutory limits on contingency fees are never pushed by everyday Americans who use contingency fee attorneys, but rather by special interest lobby groups representing those who get sued?

Moreover, says the study, «Statutory limits on contingency fees, which are essentially government - imposed wage and price controls, interfere directly with the contractual arrangements between people and their own attorneys and turn a free - market approach to providing legal representation into a botched system of government regulation that harms injured victims» quest for justice.»

Indeed, a DOJ guidance bulletin, promulgated in 1997 and followed through 2015, took the position that there were no constitutional or statutory limits on police use of cell - site simulators without a warrant — a position with which EFF vehemently disagrees.

NAR opposes creating rigid statutory limits on portfolios for the sake of shrinking the GSE mission.

Reverting to the statutory limits on October 1 would reduce limits in 669 counties and 42 states and territories the average decline in loan limits will be more than $ 68,000.

Not exact matches

They do not include statutory measures such as the two provisions Trump said he would consider, or others like the inability of insurers to place lifetime limits on plans.

«Although other counties [across the country] also experienced home value increases in 2015, after other elements of the HERA formula — such as the statutory ceiling and floor on limits — were accounted for, these local - area limits were left unchanged.»

Over the years, these sectors have been exerting a lot of pressure on the limited available resources despite allocations to the Statutory Funds.

[4] CBO also assumes a similarly modest increase in FY 2019 rather than the 3.0 percent increase allowed under the budget deal, but our assumption here is that Congress will spend up to its statutory limit rather than leaving money on the table.

There is longstanding evidence that exposure to high concentrations of air pollution increases the risk for several diseases including heart attacks and European Union (EU) statutory pollution limits are based on absolute upper values.

The key points from each strand are highlighted as follows: Early Identification and support • Early identification of need: health and development review at 2/2.5 years • Support in early years from health professionals: greater capacity from health visiting services • Accessible and high quality early years provision: DfE and DfH joint policy statement on the early years; tickell review of EYFS; free entitlement of 15 hours for disadvantaged two year olds • A new approach to statutory assessment: education, health and care plan to replace statement • A more efficient statutory assessment process: DoH to improve the provision and timeliness of health advice; to reduce time limit for current statutory assessment process to 20 weeks Giving parent's control • Supporting families through the system: a continuation of early support resources • Clearer information for parents: local authorities to set out a local offer of support; slim down requirements on schools to publish SEN information • Giving parents more control over support and funding for their child: individual budget by 2014 for all those with EHC plan • A clear choice of school: parents will have rights to express a preference for a state - funded school • Short breaks for carers and children: a continuation in investment in short breaks • Mediation to resolve disagreements: use of mediation before a parent can register an appeal with the Tribunal

The statutory requirements to deliver education on sustainability topics are more limited at key stage four.

«Although other counties [across the country] also experienced home value increases in 2015, after other elements of the HERA formula — such as the statutory ceiling and floor on limits — were accounted for, these local - area limits were left unchanged.»

Down payments on FHA loans can be as low as 3 percent, and closing costs can be wrapped into the mortgage, but FHA loans can not exceed the statutory limit.

The payment of regular dividends in any 12 - month period are limited to the lesser of (i) 10 % of policyholders» surplus as shown on MBIA Corp.'s latest filed statutory financial statements and (ii) 100 % of adjusted net investment income.

Statutory or constitutional limit on the principal amount of debt that an issuer may incur (or that it may have outstanding at any one time).

-- If the offence was commited or not depends on whether the information in question was or was not exempt from FOI, so — ICO would have to make an investigation to determine that, however — the statutory time limit has passed, so the ICO is actually not allowed to press charges (and hence will not investigate?)

Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

«Almost every informed commentator accepts that fundamental to the reforms required is the introduction of a statutory 28 - day time - limit on detention.

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.

A driver who carries a statutory minimum for being allowed to drive on a public highway is consciously self - insuring for liability above the limits.

Limit on a week's pay for calculating (i) statutory redundancy and (ii) the unfair dismissal basic award

Byelaws are made under the limited law - making powers conferred on local authorities and statutory bodies, and must be authorised by a Secretary of State.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

Justice Breyer noted that appeal may be available when a PTAB decision fails to provide due process, or when the decision goes beyond the «statutory» limits of the AIA, such as when the review is premised on a violation of 35 U.S.C. § 112, which is not an available challenge for inter partes review proceedings.

However, as Lord Phillips, the head of the UK Supreme Court, argued last month in a fascinating lecture on statutory interpretation, the courts may be moving towards a position where a limited number of acts of parliament — including the Human Rights Act — are seen to have attained in law the status of «constitutional statutes».

In Cuozzo, Justice Breyer noted that appeals may be available when PTAB decisions fail to comport with due process, when the decision goes beyond the «statutory» limits of the AIA, such as when the review is premised on a violation of 35 U.S.C. § 112 (which is not a ground for invalidity available in IPR proceedings), or other judicial «shenanigans.»

There is a statutory time limit on when you are permitted to file a claim, so you will want to take action as soon as possible.

Employers should note that tribunal compensation limits will increase on 6 April 2018, and statutory rates for time off work will rise from 1 April 2018.

On January 10, 2017, the Virginia Court of Appeals confirmed through statutory construction review that the term «registered nurse» in the statute is not modified nor limited to require a circuit court's designating order.

Limit on a week's pay for the purpose of calculating statutory redundancy and the unfair dismissal basic award

In the initial judicial review hearing Justice Rooke concluded the applicable standard to review the Board's decision was correctness on the basis that the Board's determination that it could increase assessed property value was a true question of jurisdiction — one of the established exceptions to the presumption of deference owed by a reviewing court to a statutory tribunal interpreting its home legislation (see Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2013 ABQB 526 (CanLII) at paras 18 - 31).

Sonoma Risk has now expanded its Attorneys» Fees Risk Insurance (AFRI) suite of products, which initially covered only contract disputes (Contract Litigation Insurance or CLI), to also include these products: Annual Attorney's Fees Edge (AAFE)-- insurance coverage for fee awards with coverage limits beginning at $ 10,000 and going up to $ 100,000 to cover situations even before litigation is commenced on an annual basis; Statutory Attorneys» Fees Edge (SAFE)-- coverage for the risk of paying an opponent's attorney's fees arising out of many federal or state statutes; and Court Awarded Annual Attorneys» Fees Edge (CAFE)-- coverage for the risk of paying fees where there are multiple exposures of paying an adversary's attorney's fees or where the exposure of loser pays is a possibility, but not yet clearly identified.

However, in recent years, Canadian courts have been unsettled on the necessary requirements of termination clauses which attempt to limit the notice period to the «statutory minimums».

If Suffolk Mental Health Trust v Hurst (above) has potentially many of the current equal pay actions hanging on it in relation to satisfying the statutory procedures, the case of Slack v Cumbria CC [2009] EWCA Civ 293, [2009] All ER (D) 54 (Apr) potentially has many others hanging on it in relation to time limits.

People are concerned, rather, that the law society has exceeded the limits of its own statutory jurisdiction, and trampled on lawyers» constitutionally protected freedoms of conscience and expression.

[19] If reasonableness is a «sliding scale» dependent on context, we can surely say that statutory purposes and statutory considerations form part of the context, limiting the range of potential outcomes.