Sentences with phrase «such federal claim»

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.
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.

Not exact matches

Sousa has also written to the federal government asking them to delay HST input tax credits that would have allowed companies with $ 10 million or more in sales to claim certain expenses such as meals, drinks and entertainment until 2018.
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.
Such groups have claimed that federal hate crimes laws will silence preachers, ignoring those laws» robust protections for free speech and religious expression, as well as the experience in the many states with such protections already in plSuch groups have claimed that federal hate crimes laws will silence preachers, ignoring those laws» robust protections for free speech and religious expression, as well as the experience in the many states with such protections already in plsuch protections already in place.
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.
Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Federal prosecutors say there was no such thing as a «wall» between Sen. Dean Skelos and clients at Ruskin, Moscou Faltischek, the Uniondale firm that employed him, despite claims to the contrary.
Federal prosecutors say there was no such thing as a «wall» between former Senate Majority Leader Dean Skelos and clients at Ruskin, Moscou Faltischek, the Long Island law firm that employed him, despite claims to the contrary.
Microsoft, one of the world's biggest software makers, says it has eliminated forced arbitration agreements with employees who make sexual harassment claims and was also supporting a proposed federal law that would widely ban such agreements.
Boak's campaign in the letter to the FCC claimed such a call violates federal regulations for political robocalls by failing to state who paid for the call.
The government also pointed to the 14 New York State legislators convicted of on federal public corruption charges — including Skelos» three immediate predecessors — over the past decade, claiming a «dire need» to deter such conduct.
In addition, the complaint claims Glenwood has a «pattern and / or practice» of failing to comply with the federal law in its design and construction of multifamily dwellings — citing several other apartment buildings built by the company, such as the Brittany on the Upper East Side and the Paramount Tower on East 39th Street, as examples.
In addition, volunteers will give advice about issues arising from storm damage, such as insurance claims, debt deferral, consumer protection issues, landlord - tenant issues and applying for help from the Federal Emergency Management Agency.
As with all dietary supplements, in the United States inappropriate label health claims such as preventing or treating disease are opposed by the FDA and deceptive advertisements by the Federal Trade Commission.
A minority of the population practise religions indigenous to Nigeria, such as those native to the Igbo and Yoruba ethnicities.As of 2015, Nigeria is the world's 20th largest economy, worth more than $ 500 billion and $ 1 trillion in terms of nominal GDP and purchasing power parity [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] on site (s): Adult Friend Finder, Amateur Match, Ashley Madison, Asian Dating, Badoo, Be 2, Be Naughty, Cherry Blossoms, Christian Cafe, Click n Flirt, Cupid, Date A Canadian, Date Hook Up, Dating Affair, Face Book, Filipino Cupid, Friendscout 24, Fun Nation, Girls Date For Free, Just Hook Up, Korean Cupid, Latin American Cupid, Match, Mate 1, Mingle 2, Plenty of Fish, Russian Cupid, Sex in the UK, Shagaholic, Skype, Ukraine Date, Up For It, Whats App, Yahoo Messenger, Your Daily Girls, Zoosk First name: Ashley Last name: Morris Aka: Kimberly Jackson, Shannon Nicola, Cindy Ahiable, Nyamah Mahamah, Lara Saintcrow, Natalie Daniels Name aliases: Ashely, Ashli, Ashly, Cyndy, Kimberley, Nathalie, Sindy Age: 28Location (s): Accra (Ghana); Cape Town (South Africa); Lagos (Nigeria) Also claims to be in: Portland (USA); Houston, Texas (USA); Salem, VA (USA) Address (es): 12 Oki Lane, Lagos, Nigeria, 23401, West Africa; 3rd Cresent, Abelemkpe, Accra, Ghana, 00233Phone number (s): 0112347065976090E - mail address (es): [email protected]; [email protected]; [email protected]; [email protected]; [email protected] on site (s): Be Naughty, Face Book, Girls Date For Free, Ok Cupid, Uniform Dating First name: Fawzia Last name: Mamudu Aka: Salamatu, Merina, Agyara Zakari, Anita Bentum, Racheal Melpdy, Raof Osmon, Sandra Doyle, Diana Obeng, Dina, Ruth Quarcoo, Rauf Osmon, Mary, Mabel Maiden, Gifty Kissi, Comfort Darko, Ernestina Danso, Hannah Brookson, Marlene Kramer, Helen Amoako, Heina Smith, Grace Shirley, Rubi, Matilda Hamenu, Candice White, Candice Wilson, Jennifer Sulemana, Jennifer Morton, Sarah Ntreh, Olivia Perry, Rita Boateng Nielsen, Dorice Bruce, Carol White, Millicent, Shemay, Hope Boateng, Christine, Withney, Regina, Janessa Moore, Claudia Name aliases: Candis, Christina, Daina, Diane, Dianna, Dinochka, Dinulka, Doris, Dorris, Fauzia, Gracie, Hanah, Heleena, Helena, Hellen, Hellen, Hellena, Jenifer, Jeniffer, jennufer, Jenny, Jennyfer, Maire, Marie, Marry, Meri, Merry, Mery, Milli, Millie, Oliwia, Rachael, Ruby, Sala, Sandrah, Shirly, Whiteney, Witheney, Withney Age: 33Location (s): Accra (Ghana); Agona Swedru (Ghana); Koforidua (Ghana); Kumasi (Ghana); Lagos (Nigeria) Also claims to be in: Dallas (USA); Fruitland, Idaho (USA); Canada; Geneva (Swizerland); Chicago, Illinois (USA) Address (es): HN 598 AM Amasaman, Accra, Ghana, 00322; P. Box 01065, OSU - Accra, Ghana; c / s 0122H Debby Av., Accra, Ghana, 00233; P. Box NG148, Nugua, Accra, Ghana, West Africa; 424 Nima Kanda high way, Accra, Ghana, 00233; 6 Nyamebekeyere road, Taifa - Accra, Ghana; P., commonly referred to as Nigeria, is a federal republic in West Africa, bordering Benin in the west, Chad and Cameroon in the east, and Niger in the north.It overtook South Africa to become Africa's largest economy in 2014.
Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.
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.
Manzione cites Department of Labor statistics that claim geotechnology is one of the three fastest - growing employment fields serving industries such as insurance, banking, real estate, forestry and agriculture, as well as state and federal governments.
Democrats can make such claims because they have nothing against the federal government in theory, however much state and local school officials have been complaining about NCLB in practice.
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.
They mention nowhere, however, the mediating set of influences interfering with such a claim, that likely lead to this claim entirely or at least in part — that many teachers across the nation have been forced, by prior federal and current state mandates (e.g., in New Mexico), to «embrace the new standards.»
But Kline couldn't incorporate such a provision without stoking claims of federal overreach from other movement conservatives; that the federal government couldn't mandate such a move even if either Kline or the Obama Administration wanted to also makes the entire effort an exercise in futility.
«While the federal government continues to require the use of subjectively determined, cut - off scores; employing such metrics lacks scientific foundation... Claims to the contrary are technically indefensible and their application [is to] be [considered] unethical.»
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 Law.
Remarkably, the claim by Every Student Succeeds Act advocates such as Senator Lamar Alexander — that it gives back some authority to both state and local governments at the same time it reduces federal control of local schools — has not been recognized as the fraudulent claim it is.
The Obama administration, with Duncan leading the way, solidified the federal government's claims to authority over not just school outcomes, but also school practices, such as setting curricular standards and evaluating teachers and other educators.
If at the time information or documents are furnished by a Settling Defendant to the United States, the Settling Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure, and the Settling Defendant marks each pertinent page of such material, «Subject to claim of protection under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceeding.
Similar to medical FSA's profiled above, you can save a tremendous amount of money on taxes by utilizing Flexible Spending Accounts to pay for dependent care related expenses such as child care or any other person claimed as a dependent on your federal income taxes (child care, elder care, etc.).
Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Savings Account.
The document claims that the federal government can pre-empt state laws that rein in student loan servicing companies if such a law «undermines uniform administration of» the student loan program.
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.
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.
Any in - person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties.
You may be allowed a deduction of payments for (i) a prepaid funeral insurance policy that covers you or (ii) medical or dental insurance premiums for any person for whom you may claim a deduction for such premiums under federal income tax laws.
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).
In Chicago in the early 1970s, we had our own third and best - known generation of alternative spaces (each city can claim its own artist - run history, probably with a fair share of boosterism thrown in), such as ARC, Artemisia (both were feminist galleries formed from West - East Bag, a nationwide network of women artists), and N.A.M.E., with the much - heralded Randolph Street Gallery opening in 1979.7 This is not to mention still - running artist - driven efforts such as the Hyde Park Art Center, founded in 1948, and the South Side Community Art Center, the only surviving Federal Arts Center from the WPA era and the oldest African American art center in the country, famously dedicated by Eleanor Roosevelt on opening day in 1940.
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.»
In California, where the lawsuits seek billions of dollars to pay for mitigation measures, such as sea walls to protect coastal property, the oil and gas companies responded by seeking to move the cases to federal courts, where nuisance claims are less likely to succeed.
Riddle claims her bill is different from the Arizona law, in that it requires confirmation of illegal status with federal authorities prior to arrest and explicitly requires «reasonable suspicion» of such status before an officer could even inquire.
This collection of essays examines the shifting legal landscape of federal claims by foreign plaintiffs in the federal courts and focuses on the most common statutes invoked by foreign plaintiffs, as well as the threshold issues of personal jurisdiction and pleading standards that govern such suits.
Our compliance team brings a depth of experience in the wide range of compliance issues that affect various types of providers, such as the Federal False Claims Act, the Stark Law, Anti-Kickback Statute, Civil Monetary Penalties laws, and various legal and billing issues that pertain to the specific practice or provider.
On the heels of three cases involving military members injured «off of the battlefield,» the United States Supreme Court passed the Feres Doctrine in 1950, making these individuals and their families unable to bring a claim against the federal government for such.
She also represented private sector employees in a wide variety of employment law matters such as wage and hour claims, unemployment compensation, and discrimination cases in state and federal court.
Our attorneys have excellent track records successfully defending claims in state and federal court, as well as before administrative agencies such as the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.
Laura focuses her practice on civil litigation and regulatory investigations under the federal securities laws as well as state law claims arising from corporate transactions, such as suits seeking to enjoin mergers and acquisitions and appraisals.
Our health care related experience includes such diverse areas as Stark Act violations, Federal and state False Claims Act claims, Federal healthcare program fraud, Worker's Compensation fraud, RICO claims, whistleblower claims, qui tam actions, medical malpractice, medical records confidentiality and consent to treatment issues, antitrust and unfair competition issues and a wide range of employment maClaims Act claims, Federal healthcare program fraud, Worker's Compensation fraud, RICO claims, whistleblower claims, qui tam actions, medical malpractice, medical records confidentiality and consent to treatment issues, antitrust and unfair competition issues and a wide range of employment maclaims, Federal healthcare program fraud, Worker's Compensation fraud, RICO claims, whistleblower claims, qui tam actions, medical malpractice, medical records confidentiality and consent to treatment issues, antitrust and unfair competition issues and a wide range of employment maclaims, whistleblower claims, qui tam actions, medical malpractice, medical records confidentiality and consent to treatment issues, antitrust and unfair competition issues and a wide range of employment maclaims, qui tam actions, medical malpractice, medical records confidentiality and consent to treatment issues, antitrust and unfair competition issues and a wide range of employment matters.
It is also clear pursuant to the requirements of Federal Rule of Civil Procedure 12 (b)(6) that plaintiffs must plead sufficient facts in their Complaint such that the Court can find that their claims are plausible instead of merely probable.
In addition, although the Gunn Court noted that state court interpretations of the Patent Act would not be binding on federal courts, [10] final state court judgments determining patent issues, such as validity, infringement, or claim construction, may well be binding on a patentee in subsequent litigation involving the same or related patents.
In the Federal Court, a motion for such an order can be made at any time, even immediately after a statement of claim has been served.
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