Sentences with phrase «violation of a federal statute»

Thus, in suits for damages based on violations of federal statutes lacking any express authorization of a damage remedy, this Court has authorized such relief where, in its view, damages are necessary to effectuate the congressional policy underpinning the substantive provisions of the statute.

Katz had been convicted on a multiple count Indictment of transmitting illegal gambling wagers by telephone from Los Angeles to Miami and Boston in violation of a federal statute.

In order to bring a lawsuit in federal court, there has to be a violation of a federal statute related to employment.

Finding that the visual images transmitted by the accused through email depicted minors, as required for violation of federal statute which prohibits receiving or transporting visual depictions of minors engage in sexually explicit conduct was supported by expert testimony that they were minors.

Not exact matches

• Although COINTELPRO came to light in 1971 — with its disregard of First Amendment freedoms and its massive violations of federal and state statutes against mail and wire fraud, incitement to violence, extortion, and sending obscene material through the mail — the Justice Department did not look into the program until 1974, and even then it uncovered no crimes.

The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause.

By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

Jim Walden, a former federal prosecutor and a partner at Walden Macht & Haran in Manhattan, said it would be «difficult to imagine that prosecutors are not already looking closely at the lulus,» citing potential violations of statutes covering larceny, false records or official misconduct on the state level, or fraud or racketeering on the federal level.

Both the FDA and the Federal Trade Commission found the practices «improper and likely in violation of statutes and regulations,» stated the GAO report, which was delivered as testimony to Congress on May 26.

The FBI has a wide range of jurisdictions, including counterterrorism, organized crime, white - collar crime, violent crime, civil rights investigations, bank robbery, kidnapping, foreign counterintelligence, drug trafficking, and many other violations of 260 federal statutes.

The suit, filed in U.S. District Court in Hartford on Aug. 22, argues that federal funding to Connecticut falls far short of what is needed to meet the law's testing and accountability requirements, a violation of the U.S. Constitution and provisions in the nearly 4 - year - old statute itself.

This order concerns violations by United Air Lines, Inc. («United») of the Federal statutes prohibiting U.S. and foreign air carriers from subjecting any air traveler to discrimination on the basis of race, color, national origin, religion, sex or ancestry.

A post-crash investigation conducted by FMCSA safety investigators found the company to be in violation of multiple federal safety statutes and regulations including:

It directs Finnair to cease and desist from further violations of this statute and federal regulation and assesses the carrier a compromise civil penalty of $ 35,000.

[FN61] A violation of FDUTPA is defined as any violation of FDUTPA, or may be predicated upon violations of any rules promulgated pursuant to the FTC act, any standards of unfairness or deception set forth by the FTC or the federal courts, or any law, statute, or other provision which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.

There have been many developments in securities whistleblower rulings over the years, but none as compelling as Justice Ginsburg's opinion in Digital Realty Trust, Inc., vs. Somers which held that an employee who merely reports potential securities law violations internally has not done enough to avail himself of the extensive Dodd - Frank anti-retaliation protections, including «the immediate access to federal court, a generous statute of limitations (at least six years), and the opportunity to recover double backpay.»

Representing clients in multiple putative class action litigations including: claims under the Massachusetts independent contractor law; claims that employees were not paid for meal and rest breaks; and claimed violations of the state and federal tip credit statutes

It has become the common statutory pattern in the United States for a statute establishing an administrative agency to provide that any wilful violation of the rules adopted by the agency constitutes a federal felony.

The Act is very similar to the Agriculture and Agri - Food Administrative Monetary Penalty Act: it creates a framework for the Governor - in - Council to designate the contravention or failure to comply with provisions in a number of federal environmental statutes as «violations», and to set an AMP of up to $ 5,000 in the case of an individual or $ 25,000 in the case of a corporation, ship or vessel.

She has experience in handling investigations and prosecutions brought under a wide variety of federal criminal statutes, including banking fraud, health care fraud, bitcoin schemes, computer crimes, securities fraud, mail and wire fraud schemes, Ponzi schemes, insider trading, government contracting fraud, commercial bribery, Anti-Money-Laundering violations, and conspiracy offenses.

However, although they comprise a relatively small subset of § 1983 cases, claims under § 1983 can, under certain circumstances, be based upon violations of federal rights derived from federal statutes, not from the U.S. Constitution.

The Brazilian Bar Statute — a federal statute — expressly protects and renders safe from violation the lawyer's office or workplace, his or her work instruments, and any written, electronic or telematics correspondence as long as they are related to the performance of lawyer - related activities.

Stephen also frequently represents businesses in commercial / business disputes involving allegations of fraud, breach of contract, violations of fiduciary duties and other tortious conduct, and violations of various federal and state statutes.

Conducted internal investigation for Massachusetts health care organization arising from concerns about potential violations of federal and state anti-kickback statutes.

Our experience includes representing clients in federal and state courts throughout the United States against a wide range of claims including mass tort, product liability, consumer fraud, deceptive business practices, RICO, and violation of statute consumer protection laws.

She defends clients in matters involving alleged violations of the Fair Credit Reporting Act, federal and state debt collection statutes, mortgage foreclosure and repossession laws, and loan modification and other servicing - related claims.

He handles an array of complex cases involving diverse and complex subject matters, ranging from the defense of claims asserting violation of federal consumer protection statutes such as the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, to the prosecution and defense of shareholder disputes and derivative actions.

If a resident is harmed as a result of a violation of a federal or state statute protecting residents» rights (such as the Federal Nursing Home Reform Act), or of a common law theory (such as assault and battery), there may be grounds forfederal or state statute protecting residents» rights (such as the Federal Nursing Home Reform Act), or of a common law theory (such as assault and battery), there may be grounds forFederal Nursing Home Reform Act), or of a common law theory (such as assault and battery), there may be grounds for abuse.

She defends lenders, servicers, and other financial institutions in class actions and individual suits against consumer lawsuits alleging violations of state and federal statutes, including the Fair Debt Collection Practices Act, Florida Consumer Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act.

Civil Rights and Employment Litigation Municipal governments are often confronted with litigants claiming violations of their civil rights or alleging discriminatory conduct under federal and state statutes.

Tomorrow, the U.S. Supreme Court hears an incredibly important case called Kiobel v. Royal Dutch Petroleum, stemming from a federal lawsuit brought under the Alien Tort statute, a remarkable federal law that allows people from countries outside the United States to sue foreign individuals and multinational corporations that commit human rights violations abroad - like torture, crimes against humanity, war crimes, genocide, disappearances, summary execution, that kind of thing.

Court essentially holds «no harm, no foul» in case involving violation of federal privacy statute.

Canadian Better Business Bureau, BBB Code of Advertising: «No contest, drawing or other game of chance that involves the three elements of prize, chance and consideration should be conducted since it constitutes a lottery [under the federal Criminal Code] and is in violation of provincial statutes.»

A self - represented Applicant won an award of $ 5,000 from the Federal Court today in Nammo v. Transunion of Canada Inc. for violations of the Personal Information Protection and Electronic Documents Act (PIPEDA), the first time that damages have ever been awarded under this statute.