particulars of claim example

5453 results for particulars of claim example

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  • Bell Atlantic Corp. v. Twombly, 550 U.S. (2007)

    ... services in this action against petitioner ILECs for claimed violations of §1 of the Sherman Act, which prohibits "[e]very ... in conjunction with a more specific allegation-for example, identifying a written agreement or even a basis for inferring a ..." requires allegations of fact will depend on the particulars of the claim. For example, had the amended complaint in this case ...

  • Section 1: Legislative Powers

    ... regarded as a curious intermixture of functions, to, for example, the veto power of the President over legislation and to the role ... legal effect to local customs of miners with respect to claims on public lands. . The Court has struck down delegations to ... necessitating a precise governmental statement of particulars. Justices Harlan and Clark in dissent contended that it was ...

  • Section 8: Powers of Congress

    ...The earliest examples of taxes levied with a view to promoting desired economic ... the debts of the United States is broad enough to include claims of citizens arising on obligations of right and justice. The ... over the militia "being unlimited, except in the two particulars of officering and training them . . . it may be exercised to any ...

  • Boumediene v. Bush, 553 U.S. (2008)

    ... between these places and Guantanamo render these claims unpersuasive. The Government argues that Guantanamo is more ...For example, the statutes at issue in the Court's two leading cases ... Eisentrager petitioners were charged by a bill of particulars that made detailed factual allegations against them. See 14 ...

  • Responding to a Claim

    An increasingly large percentage of UK companies will at some stage in their lifetime be served with a Claim Form relating to a cause of action -- breach of contract, debt recovery or the like. How a company immediately reacts and the steps it takes at an early stage can often be critical to whether it survives the 'litigation machine' in one piece. Here are some practical steps to take: 1. You...

  • Grady v. Corbin, 495 U.S. 508 (1990)

    ...A bill of particulars identified the three reckless or negligent acts on which the ... the more serious crime for which he has been charged, his claim of double jeopardy would be substantial under Brown [v. Ohio, ... Powell, writing for the Court in Brown, provided two examples. In Ashe v. Swenson, supra, the Court had held that the Double ...

  • Stogner v. California, 539 U.S. 607 (2003)

    ... We granted certiorari to consider Stogner's constitutional claims. 537 U. S. 1043 (2002). II. The Constitution's two Ex Post Facto ..., in relevant part, with Chase's second category examples-examples specifically provided to illustrate Chase's alternative ... it failed to provide "special articles" laying out "particulars to prove it." Roberts, Impeachment 14. The Lords and Commons ...

  • Hamdan v. Rumsfeld, 548 U. S. (2006)

    ... and military commissions-"shall apply with respect to any claim whose review is . . . pending on" the DTA's effective date, as ... the contrast, the stronger the inference, as applied, for example, to contrasting statutory sections originally enacted ...Rather, it relates exclusively to the particulars of the tribunal itself, namely, whether it is "regularly ...

  • Graham v. Florida, 560 U. S. (2010)

    ...S. 730 (2002). “[P]unishments of torture,” for example, “are forbidden.” Wilkerson v. Utah, 99 U. S. 130, 136 ...But he claims that this rule is warranted under the narrow proportionality ... existing noncapital proportionality precedents to the particulars of Graham’s claim. The Court radically departs from the ...

  • Kansas v. Marsh, 548 U. S. (2006)

    ...Marsh claimed on direct appeal that Kan. Stat. Ann. §21-4624(e) establishes an ...In the present case, for example, people might leap to the conclusion that the dissenters' views .... Second, there is the point to which the particulars of crime and criminal are relevant: within the category of ...

  • Faragher v. Boca Raton, 524 U.S. 775 (1998)

    ... principles might not be transferable in all their particulars. Pp. 786-792. (b) Restatement § 219(1) provides that "a master ... action against Terry, Silverman, and the City, asserting claims under Title VII, Rev. Stat. § 1979, 42 U. S. C. § 1983, and ...There have, for example, been myriad cases in which District Courts and Courts of Appeals ...

  • Keystone Bituminous Coal Assn. v. DeBenedictis, 480 U.S. 470 (1987)

    ... not within six months repaired the damage, satisfied any claim arising therefrom, or deposited the sum that repairs will ...The Subsidence Act is a prime example that "circumstances may so change in time . . . as to clothe with ...Ibid. . [Footnote 3] The Court notes that the particulars of the Subsidence Act better serve these public purposes than did ...

  • Lunding v. New York Tax Appeals Tribunal, 522 U.S. 287 (1998)

    ... all benefit of the alimony deduction, because they could claim the full amount of such payments in computing their hypothetical ... that the Tax Commission in its answer and bill of particulars had offered only nonresidence as the explanation for the ...For example, if a nonresident's earnings were derived primarily from New York ...

  • Russell v. United States, 369 U.S. 749 (1962)

    ... indictments could not have been cured by bills of particulars, because under 2 U.S.C. 194 only a grand jury may determine ...In Wilkinson v. United States, supra, for example, the Court pointed out that in order properly to consider any of ... that the inquiry before the Commissioner had reference to a claim made by the accused under the pension laws, on account of ...

  • Section 10: Powers Denied to the States

    ... . Other attempts to raise bill-of-attainder claims have been unsuccessful. A Court majority denied that a municipal ... . Inspection laws "are confined to such particulars as, in the estimation of the legislature and according to the ... a compact, relinquish or restrict its own powers, as for example, its power to regulate interstate commerce. . Grants of ...

  • Iup Faculty Votes No Confidence in President

    This development is unfortunate but not surprising," said [Tony Atwater]. "I earlier extended an invitation to IUP APSCUF's leadership to meet and pursue possible ways of resolving differences. However, the faculty union chose not to respond to my invitation. The issues noted in the faculty union's rationale for its vote are, on the whole, inaccurate and misleading," Atwater said. &...

  • Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996)

    ... doctrine allows immediate appellate review of order denying claim of Eleventh Amendment immunity). The Court of Appeals for the ...For example, where the court finds that the State has failed to negotiate in ... law, in its general principles the same, but in many particulars differing from each other"). 141. sponse to the Antifederalist ...

  • Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996)

    ... doctrine allows immediate appellate review of order denying claim of Eleventh Amendment immunity). The Court of Appeals for the ...For example, where the court finds that the State has failed to negotiate in ... law, in its general principles the same, but in many particulars differing from each other"). 141. sponse to the Antifederalist ...

  • Truth in Lending (Regulation Z)

    Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred rulemaking authority for a number of consumer financial protection laws from seven Federal agencies to the Bureau of Consumer Financial Protection (Bureau) as of July 21, 2011. The Bureau is in the process of republishing the regulations implementing those laws with technical and conforming...

  • Vance v. Ball State Univ., 570 U.S. (2013)

    ...10-14. (b) Petitioner misreads Faragher and Ellerth in claiming that thosecases support an expansive definition of "supervisor" ... in the samecollective-bargaining unit (because, for example, a higher level employee will pursue his own interests at the ... their work, control their schedules, and directthe particulars of their workdays. When he became angrywith Mack, for example, ...

  • Ability-to-Repay and Qualified Mortgage Standards Under the Truth in Lending Act (Regulation Z)

    The Bureau of Consumer Financial Protection (Bureau) is amending Regulation Z, which implements the Truth in Lending Act (TILA). Regulation Z currently prohibits a creditor from making a higher-priced mortgage loan without regard to the consumer's ability to repay the loan. The final rule implements sections 1411 and 1412 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank...

  • Maracich v. Spears, 570 U.S. (2013)

    ... Respondents moved to dismiss, claiming thatthe information was properly released under a DPPA exception ... connection with" litigation draws support from (b)(4)'s examples of permissible litigation uses-"service ofprocess, investigation ...Depending on the particulars of the research project, the company might seek to obtain ...

  • Employment Law In England And Wales.

    ... characteristics protected by the legislation such as, for example, the individual's race, sex, marital status, age, religion or ... changes to a contract can entitle an employee to resign and claim constructive dismissal (which can lead to damages and/or unfair .... 2. Written Particulars of Employment . Legal Obligation . Employers are required by ...

  • Controlling Litigation Costs.

    ... and, typically, places some dollar values around the claim for working purposes. Another key element of the initial case ...For example, all of the commonlaw provinces recognize the inherent ...A further example is demanding particulars of a claim which may not only limit the generality of a claim but ...

  • Developing Global Transnational Harmonization Procedures for the Twenty-First Century: The Accelerating Pace of Common and Civil Law Convergence

    Both public and private international law are included, as are other rules which do not wholly fit into such standard categories.2 Are the traditional techniques and categories of law for producing harmonized international legislation responsive to the needs of the twenty-first century? A. General Considerations - Key Actors - Selecting Harmonization Areas and Procedures Primary actors in the...