Not exact matches
Mr. Bharara's office and F.B.I. agents in Buffalo had been examining
whether state officials
awarded lucrative projects to a few favored developers who had donated to the political campaigns of Mr. Cuomo, a Democrat.
The agency that runs the
state's Excelsior Jobs tax credit program often failed to check on companies» eligibility before they joined the program and did not follow up on
whether the companies had met their investment and job creation goals before
awarding them tax credits, the
state Comptroller's Office found in a critical audit.
State Comptroller Thomas DiNapoli's spokeswoman, Kate Gurnett, said the
awarding of the contract is «under review,» and that the office had received LI Cleantech's request for an investigation under its legal authority to examine
whether the bid
award was fair.
You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an
award of damages equivalent to the statutory damages recoverable under the United
States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of
whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of
whether you are located in the United
States.
You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an
award of damages equivalent to the statutory damages recoverable under the United
States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of
whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of
whether you are located in the United
States.
Berg also describes as an example «of how hasty the process has been» that in early February, NIH gave him about 24 hours to decide
whether NIGMS should take over NCRR's Institutional Development
Award (IDeA) program for
states with relatively little NIH funding — «a large (> $ 200M), complicated program not closely related to our core mission.»
As
states consider
whether to apply for the first or second round of Race to the Top Fund grants under the economic - stimulus program, the U.S. Department of Education is emphasizing that they shouldn't worry about being first in line to win a piece of the $ 4 billion being
awarded.
Race to the Top (RTTT) grants had been
awarded after considering
whether states would adopt high academic standards, implement prescribed strategies in low ‐ performing schools, and use student test scores to determine the effectiveness of teachers.
States and education groups are curious about
whether, if they win a grant, they can
award a portion of their Race to the Top money to a select group of school districts, or if they have to dole out money to all of them.
He noted that the DOJ did not get everything it wanted in the ruling — namely, the right to review student demographic information for a full 45 days before the
state could let families know
whether they'd been
awarded vouchers to help them pay private - school tuition.
Two longtime,
award - winning educators seeking to oversee Wisconsin's schools sparred on Friday over how to improve academic success for black students,
whether the
state's academic standards are good for schools and how the
state should spend its money on education.
Under the ESSA law, there is now a «Recognition School» program, but the
state hasn't yet defined how a school earns that designation and
whether any financial
award will be associated with it.
The terms
state that you can call and change existing
award bookings to get the sale rates on these
awards, so
whether you already have a trip planned or are eyeing a trip to the great outdoors, this sale might save you...
Although all of our classes are authorized to
award CEU to anyone who attends the class, some veterinary jurisdictions have their own requirements therefore it is the responsibility of the participant to verify
whether or not their
state with accept the CE credits from one of our classes.
Generally speaking,
whether or not the original aid scheme constitutes illegal
state aid (there are strong indications that it doesn't), the tribunal should have acknowledged that the claimant investor is bound by EU
state aid rules and that the satisfaction of the
award is conditioned on the Commission's finding on the compatibility of the original scheme with EU
state aid rules.
An arbitral
award was rendered in India against a United
States corporation, which argued before the Court that it should not be enforced in the United
States on grounds that India would not have enforced the
award had it been rendered in the United
States in its favour, and that therefore, «the reciprocity between India and the United
States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and
whether India treats
awards rendered in India in favour of Indian parties in a similar manner.
As one United
States court observed, «[u] nder the New York Convention, we examine
whether the
award exceeds the scope of the [arbitration agreement], not
whether the
award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an
award.
This paper analyzes the English judiciary's various approaches to answering the question of
whether an SOE can be held liable for the
award debts of a
state via reverse piercing, and undertakes what most other commentary has not.
In the government's report, it
states that, regarding the private right of action, it intends to «investigate further» its impact and consider
whether damages should be
awarded when a party can prove a tangible harm.
Whether you need the award enforced in state or federal court, and whether it is a domestic or international award, the law office of Adair Myers Graves Stevenson can provide you with the experienced advice necessary to collect the award or otherwise give the award full legal force and
Whether you need the
award enforced in
state or federal court, and
whether it is a domestic or international award, the law office of Adair Myers Graves Stevenson can provide you with the experienced advice necessary to collect the award or otherwise give the award full legal force and
whether it is a domestic or international
award, the law office of Adair Myers Graves Stevenson can provide you with the experienced advice necessary to collect the
award or otherwise give the
award full legal force and effect.
Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign
award shall file a petition with the Provincial Court8, which will assess
whether the
award complies with the following requirements: (i) The international
award complies with the formalities required for it to be considered authentic in the
state where it was issued; (ii) The
award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the
award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the
awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the
award is being enforced.
Generally, courts look to the law of the
state in which the settlement occurred in order to determine
whether there could be compensatory or punitive damages
awarded in a wrongful death case.
On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral
awards made only in the territory of another contract - ing
State; and will apply it only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial under its national law.
«The Republic of Cyprus will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of
awards made only in the territory of another Contracting
State; furthermore it will apply the Convention only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial under its national law.»
Regardless of
whether a
state has adopted the UCCJEA or retains the UCCJA, both the UCCJEA and the UCCJA are intended, among other things, to avoid jurisdictional competition and conflict with courts of other
states in matters of child custody, to discourage continuing controversies over custody, and to deter abductions and other unilateral removals of children undertaken to obtain custody
awards.
Declaration made upon ratification: «The Philippines, on the basis of reciprocity, will apply the Convention to the recognition and enforcement of
awards made only in the territory of another Contracting
State and only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial under the national law of the
State making such declaration.»
With the reservations provided for in article I, paragraph 3, of the Convention, that is to say, the Tunisian
State will apply the Convention to the recognition and enforcement of
awards made only in the territory of another Contracting
State and only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial under the Tunisian law.
It also considered
whether the Court of Appeal erred in its approach to the maintenance standard under 1975 Act, was wrong to structure an
award under the 1975 Act in a way which allowed the Respondent the preserve her entitlement to
state benefits, and erred in its application of the balancing exercise required under the 1975 Act.
The arbitration fees clause between the parties
stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (
whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration
award, in addition to any other relief to which that party may be entitled.»
The FPSW Order requires offerors for government contracts to disclose
whether there have been any «administrative merits determination, arbitral
award or decision, or civil judgment... rendered against the offeror within the preceding 3 - year period» for violations of any of 14 federal labor laws and equivalent
state laws.
In July 2017, the Supreme Court (sitting in a panel comprising Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath and Lord Hughes) heard this appeal relating to
whether, in the context of
awarding Jobseeker's Allowance, the
State unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion,
stating that these limitations on the review of international arbitral
awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of
whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).
For example, they may specify how arbitrators will be selected, where the arbitration will be held (which can be pricey if you live in another
state), who will pay for attorneys» fees, and
whether the final arbitration
award must be kept confidential.
On Tuesday, May 29, 2012, the United
States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine
whether a prevailing defendant can be
awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.
Advised a European
state on
whether an LCIA
award can be set aside on account of alleged failures to take into account EU law.
HALT's Report Card graded fee arbitration systems in six categories: (1)
whether lawyers are required to participate in binding arbitration at a client's request; (2) the ease of initiating arbitration; (3) the amount of
state bar publicity of fee arbitration; (4) the program's reliance on non-lawyer arbitrators; (5)
whether non-binding mediation is offered in addition to arbitration; and (6) how the system enforces
awards.
This is because to decide
whether the court abused its discretion in
awarding costs and fees, the Eighth Circuit necessarily must decide if it was objectively reasonable for Pfizer to challenge the joinder of these plaintiffs and the lack of personal jurisdiction over the out - of -
state plaintiffs» claims.
A
State can not, under the First and Fourteenth Amendments,
award damages to a public official for defamatory falsehood relating to his official conduct unless he proves «actual malice» — that the statement was made with knowledge of its falsity or with reckless disregard of
whether it was true or false.
In addition, he
stated that the ARF is reviewing
whether to rescind a 2017
award given to Cambridge Analytica, given their alleged improper use of consumer information.
Whilst humility is a desirable quality for senior leaders to have, there's no harm in proudly
stating the achievements which reflect your expertise,
whether it's adding them to your «Accomplishments» section on LinkedIn, or taking a picture of an
award you have recieved and posting it to Instagram or Twitter using the relevant industry hashtags.
Job Information (Announcement number, title, series and grade of job for which applying) Personal Information (Full name, mailing address w / zip code, day and evening phone numbers w / area code, social security #, country of citizenship, veteran's preference, reinstatement eligibility, highest Federal civilian grade held) Education (High school: name, city, and
state, date of diploma or GED, Colleges or universities: name, city and
state, majors, type and year of any degrees received) Work Experience (Job title, duties and accomplishments, employer's name and address, supervisor's name and phone number, starting and ending dates, hours per week, salary, indicate
whether we may contact your current supervisor) Other Qualifications (Job - related training courses, skills, certificates and licenses, honors,
awards and special accomplishments; for example, publications, memberships in professional or honor societies, leadership activities, public speaking and performance
awards)
When deciding
whether to
award maintenance, as well as the amount and duration, the court considers several factors, as outlined in
state law.
Although adultery is not listed as one of the factors, the statute does
state that the court may consider adultery in determining
whether to
award spousal support or the amount of the
award, so long as the court considers the other factors specified in the statute.
Regardless of each
state's position for or against a presumption or preference in favor of joint custody and
whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills are being introduced to adopt a presumption that joint custody is in the best interest of the child unless certain circumstances apply (such as convincing evidence that a parent is unfit or that it would not be in the best interest of the child to
award joint custody).
More than 30
states now have statutes specifically authorizing joint custody
awards, and most
states now hold that the courts authority to
award joint custody does not depend upon
whether the parties request it.
Regardless of
whether the law in your
state authorizes joint custody of a pet or not, fighting to become the sole owner of your pet will require you to persuade the judge that s / he should
award the pet to you.
458:17 (II)(b)(1992)(
stating that a court may appoint a guardian ad litem to represent the interests of a child to assist the court in determining
whether a joint legal custody
award is appropriate); N.J. Stat.
First, the court considered
whether a Pennsylvania
state statute barred the
award of unemployment compensation.