Sentences with phrase «willful misconduct»

Generally speaking, the following debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and / or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated; nondischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures.

If an employee has engaged in willful misconduct or the employer has other «just cause» for termination, they are not required to provide reasonable notice or payment instead of notice.

It is typically very difficult for an employer to prove willful misconduct or cause.

When an employee has a work accident, employers and the workers compensation insurance company sometimes claim willful misconduct as a defense to the claim by the injured worker.

Under Georgia law, punitive damages may only be awarded in a tort action if «it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.»

Furthermore, we may be able to help you to recover punitive damages based on evidence that the defendant caused your accident while intoxicated or through willful misconduct or gross negligence.

The insurance does not cover injuries outside the scope of employment, those caused by the employee's own willful misconduct, or injuries that occur gradually or from repetitive trauma.

Ladies and gentlemen of the jury, this case isn't about willful misconduct.

«Mr. Schanzer's alleged willful misconduct, if confirmed, will result in serious and possibly irreversible harm to Cedar's reputation,» Snow Park said.

These restrictions can be extended beyond six months, and their licensed can be revoked, if they are found guilty of willful misconduct or negligence while driving.

Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs or the misuse of controlled substances.

Giving a broad interpretation to a Prohibition - era regulation that calls alcoholism the result of «willful misconduct,» it ruled that the VA was within its rights to refuse the plaintiffs an extension of their educational benefits.

In fact, the court did not rule on whether alcoholism is a disease or willful misconduct.

«The Court concludes that the discharge of oil «was the result of gross negligence or willful misconduct» by BP, the ruling said.

Pooch Pals is liable only for damage from negligence or willful misconduct.

You shall indemnify, defend and hold the Protected Entities harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys» fees and disbursements) arising out of or incurred in connection with your use of the Website or products or services obtained through the Website, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms and Conditions.

BP faces fines in the $ 4.5 - 17.63 billion range, the higher figures coming into play in if the US government can prove its case that BP exhibited «gross negligence» or acted with «willful misconduct» in its handling of the spill.

Additional punitive damages (in the case of gross negligence or willful misconduct) normally can not exceed the total of your damages for tangible and intangible losses, although in rare cases you may be entitled to up to 300 % of the amount of these damages.

The CJC alleges that the judge engaged in «willful misconduct» that was unbecoming of a judicial officer, AP reports.

A landowner owes a duty to licenses to refrain from wanton negligence or willful misconduct and to warn the licensee of a known dangerous defect or condition that is not obvious.

In Idaho, non-economic damages can be greater than $ 250,000 except in the case of felonies or willful misconduct.

If you have suffered emotional distress because of another person's negligent actions or willful misconduct, you may be entitled to recover compensation.

Injuries caused by an employee's willful misconduct are not covered by Virginia workers compensation.

Therefore, the family court must find the allegedly at fault party engaged in willful misconduct, bad faith, intentional dissipation of marital assets, or the like before it may alter the equitable distribution of marital property based on economic misconduct.

'» It requires «some evidence of willful misconduct, bad faith, intention to dissipate marital assets, or the like.»

At the far end of the spectrum, we encounter «gross negligence» which is typically defined as «recklessness» or «wanton, willful misconduct.»

It is difficult to imagine a case whereby an employer could summarily dismiss an employee for incompetence on the basis of a single incident unless the employee had also engaged in another type of willful misconduct that had the effect of significantly magnifying the impact of the employee's act of incompetence.

The Civil Code Section under 1714.1 in California states that legal guardians or parents are liable for «Willful Misconduct.»

You can seek additional damages by filing a personal injury claim if you can prove that your employer engaged in serious and willful misconduct.

However, you must be able to prove that your employer actions rose to the level of serious and willful misconduct.

unless the relevant conduct constitutes reckless or willful misconduct, gross negligence, or an intentional tort under any applicable State law.

Legal disciplines and claims in which we have represented clients include: breach of contract, gross negligence, willful misconduct, fraud, trade secret misappropriation, intellectual property violations, product liability, competition law violations and insurance coverage.

«The law may also set forth that contractual agreements may not derogate or vary liability for gross negligence or willful misconduct.»

If I was injured by a texting car driver or one using a cell phone I would consider bringing a claim for compensatory damages as well as punitive damages to punish this willful misconduct.

It doesn't even matter if the employee did something that caused the accident, unless the employee's conduct qualifies as willful misconduct.