Sentences with phrase «under the claims procedure»

Not exact matches

The president and the AHCA's supporters in Congress claim that they can not eliminate the mandates under the constraints of «budget reconciliation» procedures required to pass the bill in the Senate.

The claim stated that NYPD Officer Daniel Pantaleo and others caused Garner's death when they placed him in a chokehold, which is against departmental procedure, while trying to place him under arrest for allegedly selling loose cigarettes on July 17, 2014.

In fact, they need to maintain even more complete records under the AIA, since it provides procedures for them to allege that an invention claimed by another was actually derived from their own invention.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

In May 2014, after exhausting the procedures of the U.S. Equal Employment Opportunities (EEO) Commission, Ms. I filed suit in federal court, alleging racial discrimination under Title VII of the EEO Act and various claims under the Constitution and state law.

If you notify us through the procedure we provide on A&A Printing sites for making claims of copyright infringement that a third party has made a Printed Books & Digital Books available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Printed Books & Digital Books through the Program, and will remove the Printed Books & Digital Books from future sale through the Program, as your sole and exclusive remedy.

Re-inspections & 411 Issues — Getting a 411 notice of claim triggers «strict deadlines and procedures» under the law.

Federal laws governing the conditions and procedures under which persons claiming inability to repay their debts can seek relief.

If a claim for a debt under # 5,000 was started before 28 November 2016, the procedure may be different.

The Bulldog rescue group «sought specific information as to the LSPCA definitions, policies, procedures, and outcomes related to the evaluation, adoption, and / or euthanasia of surrendered / stray animals in control of the LSPCA,» information it was refusing to willingly disclose under the claim that as a private agency, it was not subject to public disclosure laws.

Bob Ward, policy and communications Director of the Grantham Research Institute on Climate Change and the environment at the London School of Economics and Political Science, claims the link between extreme weather events and climate change is clear, and that criticisms about the evidence for an increase in disaster losses is nothing new and is merely a repetition of criticisms that date back to 2006 because the IPCC's procedures for reviewing scientific work is currently under the spotlight.

(The suits are referred to as a mass action because they involve multiple suits that raise similar claims, but they don't seek to be certified as a class action under the federal rules of civil procedure.)

That law and the legislation adopted to give it effect implement a claims recovery procedure which, unlike a winding - up procedure under ordinary law, does not, when triggered, extinguish claims but at the most postpones the payment of them.

Instead, injured workers are generally required to file a claim under the state's workers compensation procedure.

That being said, if governmental actions repealing such legislation violate the UK's obligations under the European Convention of Human Rights, then individuals will still be able to claim under the Human Rights Act 1998, and if domestic procedures are exhausted bring their claim to the Court in Strasbourg.

Raising the small claims cap is not the only mechanisms available (the Supreme Court in BC has «Fast Track» simplified procedures for claims under $ 100k), but I can see how a higher limit improves access to justice in at least three ways: 1.

[1] This procedure is similar to a motion to strike a claim under Rule 21 of the Ontario Rules of Civil Procedure on the basis that it fails to disclose a cause of action.

Since 6 May 2014, it has been mandatory for prospective claimants in employment claims to notify ACAS before issuing their tribunal claim under their early conciliation («EC») procedure.

Which means, a slip and fall victim has to gather witness testimony, video evidence, documentary evidence, and the like, — evidence that can be admitted under Florida's rules of civil procedure — in order to have a valid injury claim under Florida law (even though Florida Statute 768.0755 does not affect any common - law duty of care owed by a person or entity in possession or control of a business premises).

On the day it issued the orders, the province moved for a declaration that a claims procedure order issued under the CCAA in relation to the...

The first of Lord Young's recommendations is to introduce a simplified procedure for personal injury claims, similar to that for road traffic accidents (RTA) under # 10,000, and to include fixed costs.

** The plaintiff had chosen to commence her claim under a simplified procedure in which damages are limited to $ 100,000.

TupperS Law claimed the Competition Team of the Year award for assisting Socrates Training in its victory in the first - ever standalone damages action brought before the Competition Appeal Tribunal under its new accelerated procedure.

Service Providers may absorb costs for which they should rightfully be compensated if the costs can only be recovered by making a claim under the outsourcing agreement's dispute resolution procedures: the damage to the outsourcing relationship is too high a price to pay.

The new procedure seems to contemplate and resemble what is known in the federal courts as motions to dismiss for failure to state a claim under Rule 12 (b)(6).

[5] Although the Court found against Cuozzo on both issues, the decision suggests that the Court views the AIA post grant proceedings as events akin to reexamination — a procedure to correct shortcomings during the earlier examination of the claims under review — rather than a streamlined, quasi-judicial procedure to invalidate suspect patents.

On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision rejecting certain procedures adopted by the Patent Trial and Appeal Board (PTAB or Board) limiting a patent owner's ability to amend claims during Inter Partes Review (IPR) proceedings under the America Invents Act.

There is, however, no need for an Arbitration Claim Form to be served at all if the Court follows the ex parte procedure for recognition or enforcement of an Arbitration Award under Articles 42 (1) or 43 of the Arbitration Law, as set out in RDC 43.61 - 75.

Mr. Bryce has represented lenders and servicers in a variety of mortgage - related litigation, including cases involving claims and defenses under the federal Truth in Lending Act (TILA), the federal Real Estate Settlement Procedures Act (RESPA), and various state laws.

As one objection to the certification of this action, CN Rail argued that the court lacked jurisdiction to handle this dispute because the claim is a purely statutory one and should therefore be dealt with through the enforcement procedures established under the Code.

Each state sets their own statute of limitations; in the state of California, a motorcyclist has two years from the date of the accident to file a civil claim against a negligent motorist under California Civil Procedures Code, Section 335.1.

What is required, he said, was a system under which there is «formally, legally and procedurally» a complete separation of divorce and money — with money claims dealt with «in accordance with a single set of rules providing, so far as possible, for a common form of application, a common set of forms, a common process and common procedure.»

The form should now be used in reference to all claims for possession made under the accelerated possession procedure.

It filed a certificate under section 37 (1) of the Canada Evidence Act, which establishes a procedure for objecting to the disclosure of evidence based on a «specified public interest» and which starts with a «first stage» hearing to determine whether the privilege has been validly claimed.

There has been a particular problem with the dates required to be given in the s 21 notice served on the tenant, but the recent Court of Appeal case of Spencer v Taylor [2013] EWCA Civ 1600 has made this easier for tenancies that began as fixed term tenancies, to the point where one judge commented that the failure rate for claims under the accelerated procedure has since fallen by two - thirds.

Lord Justice Wall gave another reasoned judgment, to the same effect, adding that the very nature of the pay schemes under attack in the Suffolk case (Agenda for Change) was such that it incorporated detailed procedures for complaints by individuals, meaning that the respondent was not likely to be wrong - footed by a grievance in general terms; on that basis, it was doubly important that such claims should not be defeated on technical grounds.

When calculating the 28 days which must elapse under the statutory grievance procedure between submitting a grievance and making a tribunal claim, 28 clear days must elapse between the date of the grievance and the date of submission: «if you put a grievance in on a Monday you must wait until the Tuesday four weeks later — in other words, 28 days plus a day — before presenting a claim».

It has to be said that this case was under the old procedures, denying any further «not reasonably practicable» extension where the claim had only been brought after the expiry of the original three - month period and the further three - month extension period then available.

Just under half of these made it to a final hearing, with 18,400 going to trial on either the fast track or multitrack and 53,200 being heard under the small claims track procedure.

To be successful under this claim, it must be demonstrated that, had consumers known of Mt. Gox's true business policies, practices and procedures, the class members would have paid substantially less for Mt. Gox's services, or would not have paid at all (par.

At one time she tried to take out a 100k policy but he refused to answer the questions from the underwriter and although he knew the amount from information that the underwriter gave him, his ex claimed it was under 10k and was merely a new company procedure at State Farm, where she works as an agent, to ask those questions on any policy.

Claim Procedures: Notice of Claim: The Insured must call Travel Guard as soon as reasonably possible, and be prepared with what coverage the loss was under (i.e., Medical Expenses), the name of the company that arranged the Trip (i.e., tour operator, cruise line, or charter operator), the Trip dates, and the amount that the Insured paid.

«We along with some TPAs (Third Party Administrators), worked out package rates for some of the procedures / hospitalisation expenses, which are commonly claimed under our health insurance policies,» the statement said.

The certification procedures required to claim a reduced rate of withholding under a treaty will satisfy the certification requirements necessary to avoid the backup withholding tax as well.

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Provider's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Provider arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief.

application for a «simplified» divorce or dissolution: # 113 (Sheriff Court) or # 125 (Court of Session)-- you might be able to use this procedure if you don't have children under the age of 16 and you and your ex-partner aren't claiming a lump sum or ongoing payments from each other

1995 - No. 43 Handling of Claims to Native Title 1998 - No. 66 Compliance with new procedures under the Commonwealth's Native Title Act 1998 - No. 77 Native Title Legislation 1999 - No. 23 Native Title and Indigenous Land Use Agreements 2001 - No. 06 Partnerships: A New Way of Doing Business with Aboriginal People

9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty