Sentences with phrase «under that statute in»

However, joint custody is not presumed to be in the best interests of the child (ren) under statute in Maryland, although the judge will likely consider joint custody in most every case.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

The amount available for use is determined by the amount of time that the FMLA / CFRA eligible Postdoctoral Scholar has previously used in the calendar year under each statute with the time running concurrently under both statutes in most situations.

The court decision of State v. DiFrancisco, 232 N.J. Super 317 (1988) further explores the definition of operation of a motor vehicle under the statute in New Jersey.

Not exact matches

«The tripling reflects the approach provided under the Massachusetts consumer protection statute, MGL 93a, wherein consumers broadly receive triple damages for certain intentional violations,» Edelman wrote in one of several lengthy, detailed emails to Duan published by the Globe.

The next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.

As those statutes pave the way for gun owners to bring their weapons along whenever they leave home, some of those owners wind up stowing their firearms in the glovebox, the center console, or under their seats — where they are ripe for the plucking.

«There's a bunch of people currently serving time of jail, politicians who engaged in bribery or kickbacks, and were prosecuted under honest services instead of the federal anti-bribery statute,» says Henderson.

One of the few escape clauses is a recession, which the statute defines as «a period of at least two consecutive quarters of negative growth in real gross domestic product as reported by Statistics Canada under the Statistics Act.»

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualifyIn the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualifyin any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualifyin contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualifyin accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualifyin small claims court, if your claims qualify).

Most recently, two new forms of payday lending have taken hold in Ohio, which involve using a title for an automobile as collateral and lending under a statute meant for credit repair.

The prior three corporate convictions under the CFPOA have been achieved by the entering of guilty pleas.2 The Court also for the first time interpreted the meaning of key provisions in the statute, including clarifying that an inchoate offence of conspiracy exists under the CFPOA and in what circumstances a real and substantial connection will be required and found.

2001)(«The D.C. Circuit, confronting a case in which an agency had unreasonably delayed an action under a statute that provided no deadline (rather than and [sic] agency that unlawfully withheld an action under a statute that imposed a deadline), explained that «a finding that delay is unreasonable does not, alone, justify judicial intervention»»).

* While credit cards are open accounts and thus don't fall under laws governing written contracts, Arizona passed a law in 2011 lengthening the statute of limitations on them to six years.

Two interesting things happened this week in Jamie Dimon's world: two gutsy attorneys, Helen Davis Chaitman and Lance Gotthoffer, published a book comparing JPMorgan Chase to the Gambino crime family, explaining how the bank could and should be prosecuted under RICO statutes for serial frauds against the investing public.

Under Section 8-2-113 of the Colorado Revised Statutes, employers are not permitted to threaten, harass, or otherwise prevent a worker from engaging in another occupation or business venture at any time they see fit.

«Its provisions seek to affirm as a matter of statute that no - one should be under any duty to participate in activities that they believe involve the taking of human life, either in the withdrawal of life - sustaining treatment or in any activity authorised by the 1967 or 1990 Acts.»

The statute in Doe permitted abortion under certain conditions, but subjected it to regulation.

I, RICK PERRY, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three - day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.

Under previous law, as interpreted by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., the statute of limitations on such suits ran out 180 days after the alleged discrimination occurred, even if the victims never knew about it.

A friend contacted me to indicate that «Mr. Driscoll has been named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

In this perspective, the aspect of healing recalls Egypt's suffering under the plagues; this leads to the characteristic Deuteronomic advice that Israel's well - being lies in observance of the Lord's «statute... ordinance... commandments.&raquIn this perspective, the aspect of healing recalls Egypt's suffering under the plagues; this leads to the characteristic Deuteronomic advice that Israel's well - being lies in observance of the Lord's «statute... ordinance... commandments.&raquin observance of the Lord's «statute... ordinance... commandments.»

Well, soon it could be official as Mark Driscoll, fallen megachurch pastor, found himself named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

In Griswold v. Connecticut the issue was the constitutionality of a Connecticut statute that forbade, under penalty, the use of contraceptives.

You find the revised language of the statutes, adjusted to the requirements of the German law for such appointments HERE and the list of cases that will fall under the responsibility of the Executive Director after the statutes change has been registered with the courts in Bonn HERE

In fact, not only is the barber shop chat theme not copyrighted by him, but it isn't copyrighted by anyone and likely never will be because it falls under the «scènes à faire» statute, meaning it's something that is too common can't be copyrighted.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

Under the new law, surrogacy arrangements are regulated by a statute which states that a «judgment or order shall establish the parent - child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, her spouse, or partner is not a parent of, and has no parental rights or duties with respect to, the child or children.»

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchenin some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchenIn states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchenin Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

The US Supreme Court has ruled on the first of three pending cases challenging the Honest Services statute under which former Senate Majority Leader Joe Bruno was convicted back in December.

The Scotland Act 2016 and the Wales Act 2017 embodied the Sewel Convention in statute law for the first time, which was seen as a symbolic under - pinning for the permanence of the Scottish Parliament and the National Assembly for Wales.

The party further urged the National Assembly to scrutinise the constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country, particularly under this inherently corrupt and incompetent administration.

At least not after the guidance the Supreme Court had handed down in the McDonnell case, which found the justices grappling with what counts as an «official act» under federal anti-bribery statute.

Taxpayers are at an extreme disadvantage under the statutes of this amendment and our leaders in NYS should take action and repeal the Triborough Amendment.

Bruno was indicted in January of 2009 on eight counts of wire and mail fraud under the honest services statute.

Outside the courthouse after the nearly three - hour proceeding, Bruno said he was unhappy about the sentence but has faith that the Supreme Court will ultimately overturn the «theft of honest services» statute under which he was convicted in December.

In addition to lifting time limits for child victims to file civil suits against their alleged abusers, and against institutions that failed to act against abuse under their roofs, the current bill would provide a one - year window during which past victims who have already exceeded the statute of limitations could go to court.

In recent years, the Supreme Court has overturned a growing list of congressional statutes on the grounds that they intruded into protected spheres of state sovereignty or exceeded Congress's delegated powers under the Constitution.

But the state Republican party filed a complaint with the SEEC in late 2014, saying the Democratic Party violated the clean - elections statutes by taking advantage of the federally regulated account's ability to accept contractor contributions under federal election laws that are less restrictive than Connecticut's.

Under the statutes, which will not be in effect in 2012, the independent presidential candidate petition deadline is May 14.

Bruno was sentenced to two years in prison, but the ruling was called into question after the U.S. Supreme Court struck down the statute under which the Rensselaer County Republican was convicted, theft of honest services.

As expected former state Senate Majority Leader Joe Bruno's attorneys have filed an appeal of his January 2009 indictment on federal corruption charges, arguing in part that the theft of honest services statute under which he was convicted has been invalidated by the US Supreme Court.

In a letter to Northern Ireland Secretary James Brokenshire seen by openDemocracy, Scottish National Party MP Martin Doherty - Hughes says that the public should know who funded the DUP's Brexit campaign — and points out that the Secretary of State has the power to publish all political donations since 1 January 2014 under legislation that is already on the statute books, but which has never been enacted.

With three weeks to go in the legislative session, advocates are still pushing for passage of a Child Victims Act that would do away with the statute of limitations on child sex abuse cases, create a one - year window so survivors who can't bring cases under current law could do so, and treat public and private institutions the same.

(Bruno was convicted of two counts in 2009, but it was overturned when the Supreme Court narrowed the honest services statute under which he had been charged.)

Green was joined by grandmothers of two of the young black men rounded up in the federal sweep and sentenced under the RICO statute.

The collective bargaining bill stalled in the Wisconsin Legislature can modify state statutes, said Madison attorney Lester A. Pines, but lawsuits could pop up over whether abolition of bargaining rights supersedes the ability of union employers to withhold dues under existing contracts.

«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional under either Due Process Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court Justice Roger D. McDonough wrote in his ruling.

The motion to dismiss also cited a Supreme Court decision from 2013, Sekhar v. United States, in which the justices restricted the definition of extortion under the Hobbs Act, an anti-racketeering statute enacted in 1946.

Bruno, a Republican who led the State Senate from 1998 to 2008, originally was convicted but then was cleared in retrial after the U.S. Supreme Court narrowed the statute under which he was originally found guilty.