Sentences with phrase «violation of the statute»

If you do, and call company a credit repair organization, you are in violation of the statute.

The right to sue the government for violations of the statute, such as permitting unauthorized individuals to read your records.

Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.

If his decision is right, he moves on to the next level, where another scenario awaits to test his skills in identifying potential violations of the statute.

He successfully reversed the erroneous decision of a trial judge that the plaintiff's claims were filed too late in violation of the statute of limitations (Dagley, et.

«The EEOC is unable to conclude that the information obtained establishes violation of the statutes,» the finding states.

This order directs Virgin America to cease and desist from future violations of this statute and this regulatory provision, and assesses the carrier a compromise civil penalty of $ 40,000.

It directs Freedom Air to cease and desist from further violations of this statute and assesses the carrier a compromise civil penalty of $ 20,000.

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.

For the first time in the history of the Animal Welfare Act, a Court has ruled that the USDA may not renew a license of a chronic violator when the record before the Agency shows that the licensee has habitually been cited for major violations of the statute.

Consider speaking to a birth injury attorney in Seattle about your case before you ever file, as violations of the statute of limitations can get your case dismissed.

There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State; and an officer of a corporation which is charged with criminal violation of a statute can not plead the criminality of the corporation as a refusal to produce its books.

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.

Violations of statutes passed by the US Congress 2.

Represented a joint venture in an internal investigation of possible violations of statutes prohibiting bribery and money laundering.

Regarding Statute 316.074 (1) Traffic Control Device / Red Light A citation issued for violation of this statute containing «Red Light» in the description will be processed as Traffic Control Device / Red Light carrying the higher fine amount and four (4) points.

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.

This order directs TAM to cease and desist from future violations of this statute and regulatory provision, and assesses the carrier a compromise civil penalty of $ 5,000.

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.

Attorney Neil Burns and Roshan Jain have been representing victims of personal injury cases and legal malpractice for violation of the statute of limitation since 1985.

Under this statute, a county / state prosecutor would be authorized to pursue a charge for a violation of the statute if, and only if, he has enough evidence to do so and the US government declines to pursue deportation.

«If he chose to delay it for purely political reasons, it might not be appropriate, but it wouldn't be a violation of the statute?»

Most Title IX litigation has focused on providing equal opportunities for participation by female athletes, so this case, Parker v. Franklin County Community School Corp., raises the novel question of whether scheduling can constitute a violation of the statute.

They lawyer reported that violations of the statute can take many forms and that a «corrective action plan,» while unusual, is a major step used to force schools to follow the harassment and school climate laws.

The HSTC has undergone four independent investigations — none of which have found us to be in violation of any statutes nor have we performed any inhumane actions.

To plead a violation of those statutes, Plaintiffs must allege that Petland used the mails and wires to perpetrate a plan to defraud them.

«There is no violation of a statute.

For example, instead of writing «Plaintiffs allege that defendant breached the contract,» or «The judge found that defendant violated the statute,» lawyers will bury the verbs allege and violated in abstract - noun phrases: «Plaintiffs make the allegation that defendant breached the contract,» and «The judge found that defendant was in violation of the statute.»

This requires some imagination, but could it not constitute conspiracy to infringe intellectual property, or perhaps a violation of some statute like the U.S. DMCA?

As discussed in the Crime and Federalism blog, Indiana police arrested Harpold because her two purchases meant that she was technically in violation of a statute that restricts the sale of ephedrine and pseudoephedrine products to no more than 3.0 grams within any seven - day period.

Strother v Hutchinson In some cases a violation of a statute is negligence.

«The conduct of a hit - and - run driver of an automobile in failing to stop and give his name, etc., and render assistance to the person injured by him in the operation of his automobile along a public highway, may, in that it is in violation of a statute (OCGA § 40-6-270]-RRB-, be regarded as negligence as a matter of law.

[The question is] whether there is a real contextual connection between the statute and the collective agreement such that a violation of the statute gives rise, in the context, to a violation of the provisions of the collective agreement.

A violation of this statute is considered a noncriminal traffic infraction, however if there is a personal injury or willful violation of the statutory requirements, it constitutes a third degree felony; and, if the crash results in a death or a willful violation of the statutory requirements, it constitutes a first degree felony, which carries a mandatory minimum term of imprisonment of two years.

This is from a random site of the American Academy for Physicians and Surgeons, but it states «Illinois courts have found that the recording of a conversation by a party to the conversation is not a violation of the statute even if another party to the conversation is unaware of the recording.»

Thus, when the police stopped the car in which Moore was a passenger, she became in violation of the statute.

A statute or regulation may define the applicable standard of care in a specific situation, and a violation of that statute may constitute negligence per se.

The Wage Payment Law is not so restrictive and should be read to allow an implied private right to sue in cases, like this, in which the plaintiff alleges the violation of a statute (like the Wage Payment Law) that was enacted specifically to «protect employees from wrongful conduct by employers.»

«Labor Code statutes regulating meal and rest breaks, pay stubs, and minimum wages provide express statutory remedies, including penalties for violation of those statutes that are punitive in nature, that are available when an employer has violated those provisions, and are exclusive remedy available for such statutory violations absent evidence that statutory remedy is inadequate.»

Pursuant to the underage DWI law, an individual under the age of 21 can be charged with a violation of the statute if they have a blood alcohol concentration (BAC) as low as 0.01 %.

MR. JUSTICE BRENNAN, MR. JUSTICE WHITE, MR. JUSTICE MARSHALL, and MR. JUSTICE BLACKMUN misconceive the scope of this Court's holdings under Title VII when they suggest that «disparate impact» alone is sufficient to establish a violation of that statute and, by analogy, other civil rights measures.

The reason that historically there is a lack of challenging the state's standing and stating a harm or legal wrong in criminal cases may be due to the assumption that laws are made to protect against harm and legal wrongs therefore the violation of a statute would constitute a harm.

An equipment violation is a violation of a statute, ordinance or rule relating to traffic movement and control that involves equipment, vehicles or their drivers or owners or pedestrians, and miscellaneous offenses not categorized as moving or parking violations.

A moving violation is a violation of a statute, ordinance or rule relating to traffic movement and control arising from the operation of a motor vehicle (including a commercial motor vehicle).

The violation of these statutes could result in substantial fines for a healthcare provider or facility.

1,2008 WL 81549, at * 4 (Jan. 2, 2008) the court held that it was a violation of the statute to charge a $ 35 application fee «once [the tenant] agreed to lease the unit.».