Sentences with phrase «such claims in court»

Further, the Court reinforced the requirement that to defend such claims in Court, documents must be described in a way that distinguishes whether solicitor - client privilege or litigation privilege is the basis of the claim.

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

The entrepreneur, Jack Phillips, claimed that participating in such a union would violate his religious views, though a local Colorado court ruled against him 2015.

AMSTERDAM — As Google bowed to a European court ruling to consider users» claims to remove embarrassing search results, the company took the first step toward preventing any more such punishing decisions — acknowledging it has an image problem in Europe.

On March 14, 2016 the Court issued an order, amending and extending the Notice of Objection Bar Date (as set out in the Claims Procedure Order dated June 11, 2015) to 28 days following April 15, 2016, or such later date as the Court may Order.

Please be advised that in accordance with the Order Amending the Claims Procedure Order granted October 30, 2015, if the Monitor intends to revise or reject a Claim, the Monitor shall notify the Claimant who has delivered such Proof of Claim or D&O Proof of Claim, as applicable, that such Claim has been revised or rejected and the reasons therefor, by sending a Notice of Revision or Disallowance by no later than December 15, 2015, unless otherwise ordered by the Court on application by the Monitor.

Even if regulators do not act, when a presale results in nothing more than profits for its promoter, a disgruntled investor will inevitably make a private securities fraud claim to try and claw back some of their capital; assuming a court will determine a presale of digital tokens to be a private placement of securities, any such federal claim would fall under Rule 10b - 5.

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

State and federal courts and mediators are dealing with hundreds of Native American land claims, and indigenous tribes in the U.S. and Canada have filed suits demanding reparations for various crimes, such as the abuse of students in parochial and government - run schools.

In 1998, he obtained court permission to remove Terri's feeding tube, claiming that she would not want to live in such a devastated conditioIn 1998, he obtained court permission to remove Terri's feeding tube, claiming that she would not want to live in such a devastated conditioin such a devastated condition.

For instance, the clergyperson who is told at coffee hour by Mr. White that Mr. White held up a bank could not claim in court that such information was given in confidence.

But the Australian Competition and Consumer Commission (ACCC) is fighting this claim in court, alleging that it is misleading or deceptive advertising as the birds in factory farms are confined at such high densities inside sheds that they can not roam around freely.

All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the English courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

You expressly agree that exclusive jurisdiction for any claim or dispute with MomsTeam or relating in any way to your use of the Services resides in the courts of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Massachusetts in connection with any such dispute including any claim involving MomsTeam or its parents, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Okonkwo, who insists that he is now a senator - elect by virtue of the Supreme Court ruling of January 29 that made him the authentic candidate of the PDP for the polls, picked holes in APC's claims that he did not contest the elections and as such can not be senator - elect.

Does anyone believe that the European Court would not rule in favour of such a claim?

The court held that the contracts upon which Mr Woyome made and received the claim were in contravention of Article 181 (5) of the 1992 Constitution of Ghana, which requires such contracts to be laid before and approved by Parliament.

It said the lower court judge erred in dismissing claims over Spitzer's statements tying Greenberg's 2005 exit from AIG to fraud there, citing a lack of evidence of such a link.

«Small Claims» are filed in local courts, such as the Town or City Court where you live.

The governor has long maintained that Ms. Teachout does not meet the five - year residency requirement to run for office in New York, due to time spent and an address used in her native Vermont, even though a Brooklyn Supreme Court judge dismissed such claims earlier this month.

«In short, this particular lawsuit seemed doomed, with the court's biggest task figuring out how to say so without shutting the courthouse door entirely to such claims,» said longtime Supreme Court reporter Lyle Dennicourt's biggest task figuring out how to say so without shutting the courthouse door entirely to such claims,» said longtime Supreme Court reporter Lyle DenniCourt reporter Lyle Denniston.

In fault - based divorce courts, such a claim would be perfectly legitimate, says Greg Lastowka, a professor of law at Rutgers University who is currently writing a book called Virtual Law.

Judge Carlos Lucero, in a partial dissent, argued against such immunity: «The notion that a device manufacturer is immune from liability for harm caused by its device when the manufacturer has pushed the device for a use that the [U.S. Food and Drug Administration] never approved is neither logical nor consistent with the Supreme Court's prior rulings about the scope of preemption of claims arising from harm caused by medical devices.»

Any dispute or claim concerning or arising from this site shall be determined in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in determining such disputes or claims.

THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY.

IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL «OPT OUT» OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU»RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.

If you have any dispute with or claim against us or any of our affiliates (a «Claim») arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims cclaim against us or any of our affiliates (a «Claim») arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims cClaim») arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims cclaim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court.

However, this effort failed in 1973 as a result of the Supreme Court's ruling in San Antonio v. Rodriquez that such claims did not have a basis under federal equal protection laws.

«Although, in theory, a single instance of sufficiently severe one - on - one peer harassment» could have the effect of denying students equal access to educational programs, the court found it «unlikely that Congress would have thought such behavior sufficient to rise to this level in light of the inevitability of student misconduct and the amount of litigation that would be invited by entertaining claims of official indifference to a single instance of one - on - one peer harassment.»

The class action was filed earlier this month in the U.S. Court of Federal Claims, in Washington, on behalf of some 100,000 individuals who attended such schools from 1890 until the present day, said Jeffrey M. Herman, the lead lawyer for the plaintiffs.

In addition to training teachers, administrators, and other school leaders on issues such as tenure, special education, employment discrimination, employee whistleblowing claims, student harassment and anti-bullying law, ethics, governance, and student rights, Teresa has argued before the New Jersey Supreme Court, has substantial experience in federal and state courts, and has tried numerous disputes to conclusion in the New Jersey Office of Administrative LaIn addition to training teachers, administrators, and other school leaders on issues such as tenure, special education, employment discrimination, employee whistleblowing claims, student harassment and anti-bullying law, ethics, governance, and student rights, Teresa has argued before the New Jersey Supreme Court, has substantial experience in federal and state courts, and has tried numerous disputes to conclusion in the New Jersey Office of Administrative Lain federal and state courts, and has tried numerous disputes to conclusion in the New Jersey Office of Administrative Lain the New Jersey Office of Administrative Law.

But the union and other supporters of the lawsuit have made no such claim, and Lefkowitz reminded the court that lawyers for the plaintiffs had a chance to make those claims when the case was first heard in circuit court, but declined to do so.

In a positive turn of events for Android manufacturers, the court has denied Apple's claims, ruling that the XOOM does not copy elements of the iPad's design, which covers such aesthetic aspects as the tablet's bezel and shape.

In addition, at any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered.

Nor am I claiming that the facts in these cases are the same as yours; merely that they highlight the flexible approach that the courts take in such cases, and the fact that this area of law is complicated.

However, in the event that any action is ever brought related to claims against CR Publishing LLC, the parties agree that exclusive jurisdiction of such claims shall be with The Chester County Court of Common Pleas in Chester County Pennsylvania.

Any original legal court document (s) or collection notice (s) SHOULD NOT be forwarded to Credit Expert; only copies of such documents that will support your claim in repairing your credit (proof of payment, court dismissal documents, etc.).

In In re McNeal, No. 11 - 11352, the court found that once a lien is determined to be wholly unsecured under section 506 (a) it may be stripped off under section 506 (d), which provides «[t] o the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.»

Denial is absolutely the standard way such claims would be handled, and any deviation from that involves an adjuster or a court creatively construing a policy in favor of the insured.

This is only possible in very limited circumstances, such as if you did not know about the decree because you did not receive the court papers and you have a valid defence to the claim.

Without limiting your right to file arbitration claims against Capital One Investing under FINRA Rule 12200 or its affiliates or successors, you consent to the personal jurisdiction and venue of the federal and state courts in King County, Washington for any court action or proceeding relating to your Account and you agree that all such claims by you against us or our affiliates or successors will be subject to the exclusive jurisdiction and venue of the federal and state courts in King County, State of Washington.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuIn the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin such Act and will be governed by the final adjudication of such issue.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is fclaim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is fClaim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is fClaim is filed.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuIn the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin the 1933 Act and will be governed by the final adjudication of such issue.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

You expressly agree that exclusive jurisdiction for any dispute with VetLIVE.com, or in any way relating to your use of the VetLIVE.com Site, resides in the courts of the State of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Pennsylvania in connection with any such dispute including any claim involving VetLIVE.com, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

All material whether in the form of advertisements, articles, symbols, diagrams or illustrations, is accepted and published by the Chow Chow Club, Inc. and its staff with the express agreement that the person submitting the material will indemnify and hold the Club and its staff free and harmless from any claims for damages or any liability incurred as a result of publishing such material which is libel, copyright or trademark infringemen, or plagiarism and will reimburse the Club and its staff for any expenses incurred in the defense of any such claims, including reasonable attorney's fee and court costs.

The opposition boasted anti-gaming advocates such as an author of various books that claim violent video games creates killers, and members of the Parents Television Council, the latter which supported the California law to criminalize the sale of violent video games to children that was eventually ruled unconstitutional by the US Supreme Court in 2011.

After the Second Circuit Court of Appeals affirmed their right to do so, in AEP v. Connecticut, the Supreme Court reversed on the grounds that such claims were «displaced by the federal legislation authorizing EPA to regulate carbon - dioxide emissions.»