substantial compliance doctrine

18717 results for substantial compliance doctrine

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  • 17 F.3d 1386 (11th Cir. 1994), 91-7215, Cox v. Administrator United States Steel & Carnegie

    ... for Union concessions it committed itself to making substantial capital investments to modernize the mill. Under the Agreement, ... asserting the defense that it had intended to act in compliance with the law, waived the privilege with respect to those ... of section 1962(c) may be held liable under the doctrines of respondeat superior and agency when the employer is distinct ...

  • Power of appointment legislation in New York: it's time for modernization.

    .... C. Substantial Compliance . 1. Current New York Law . EPTL 10-6.8 allows a court ...(193) New York case law does not recognize the doctrine of substantial compliance in the area of discretionary powers of ...

  • 568 U.S. 455 (2013), 11-1085, Amgen Inc. v. Connecticut Retirement Plans & Trust Funds

    ...Because class certification can exert. substantial pressure on the defendant to settle rather than. risk ... Although fraud on the market is a substantive doctrine of. federal securities-fraud law that can be invoked by any ... . Page 465. . . to ensure compliance with Rule 23(b)(3)'s requirement. that common questions ...

  • 499 U.S. 225 (1991), 89-1629, Salve Regina College v. Russell

    ... Rhode Island Supreme Court would apply the commercial doctrine of substantial performance in an academic setting, such that ... the substantial performance was in good faith and in compliance with the contract, except for some minor and relatively ...

  • 556 U.S. 502 (2009), 07-582, Federal Communications Commission v. Fox Television Stations, Inc.

    ... the APA and State Farm to require a more substantial explanation for agency action that changes prior policy. There ... Red Lion, this Court upheld the so-called "fairness doctrine," a Government requirement "that discussion of public issues be ... that courts review its decisionmaking to assure compliance with applicable provisions of the law—including law requiring ...

  • 562 U.S. 86 (2011), 09-587, Harrington v. Richter

    ... . . . standard has a substantial range of reasonable applications. The question [178 L.Ed.2d 633] ...        There is no merit to the assertion that compliance with §2254(d) should be excused when state courts issue summary ... in federal court unless one of the exceptions to the doctrine of Wainwright v. Sykes , 433 U.S. 72, 82-84, 97 S.Ct. 2497, 53 ...

  • 567 U.S. 519 (2012), 11-393, National Federation of Independent Business v. Sebelius

    ... " those activities that substantially affect interstate. commerce." Morrison, supra, at 609,. ... may condition those offers on compliance with specified. conditions. See, e.g., College Savings ... constitutional doctrine. The commerce power does not, The. Chief Justice announces, ...

  • 504 U.S. 555 (1992), 90-1424, Lujan v. Defenders of Wildlife

    ...Arkansas , 495 U.S. 149, 155 (1990) -- is the doctrine of standing. Though some of its elements express merely ..., standing is not precluded, but it is ordinarily "substantially more difficult" to establish. Allen, supra, 468 U.S. at 758; ... public interest in executive officers' compliance with the law into an "individual right" vindicable in the courts ...

  • 524 U.S. 274 (1998), 96-1866, Gebser v. Lago Vista Indep. Sch. Dist.

    ... the funding recipient and an opportunity for voluntary compliance before administrative enforcement proceedings can commence. The ... to comply while a judicially implied system permits substantial liability—including potentially an award exceeding a recipient's ...         In line with the tort law doctrine of avoidable consequences, see generally C. McCormick, Law of ...

  • 545 U.S. 1 (2005), 03-1454, Gonzales v. Raich

    ... prohibit the local cultivation and use of marijuana in compliance with California law. Pp. 10-33.        (a) For the ... part of an economic "class of activities" that have a substantial effect on interstate commerce is firmly established. See, e.g., ... Ninth and Tenth Amendments of the Constitution, and the doctrine of medical necessity.        The District Court denied ...

  • 136 T.C. 515 (T.C. 2011), 20767-08, Van Dusen v. Commissioner of Internal Revenue

    ... acceptable substitutes for canceled checks under the substantial compliance doctrine. . See Bond v. Commissioner, 100 T.C. 32 ...

  • 459 U.S. 375 (1983), 81-680, Herman & MacLean & Huddleston

    ...The section was designed to assure compliance with the disclosure provisions of the Act by imposing a stringent ...In 1975, Congress enacted the. most substantial and significant revision of this country's Federal securities ... . common law doctrines of fraud. 28 Indeed, an important purpose of the federal ...

  • 393 U.S. 544 (1969), 3, Allen v. State Board of Elections

    ... a period of five years from the last occurrence of substantial voting discrimination. However, Congress apparently feared that ... until such time as the States adequately demonstrate compliance with § 5.          It is so ordered. . ...The constitutionality of that doctrine was certainly not clear at that time. And, whether the doctrine ...

  • 520 U.S. 154 (1997), 95-813, Bennett v. Spear

    ... the Service that it would operate the project in compliance with the Biological Opinion. Petitioners, irrigation districts ... Biological Opinion "adversely affect plaintiffs by substantially reducing the quantity of available irrigation water," id., at ...Numbered among these prudential requirements is the doctrine of particular concern in this case: that a plaintiff's grievance ...

  • 415 U.S. 651 (1974), 72-1410, Edelman v. Jordan

    ...The District Court by a permanent injunction required compliance with the federal time limits and also ordered the state officials ... of money from the state, the state is the real, substantial party in interest, and is entitled to invoke its sovereign ...Constructive consent is not a doctrine commonly associated with the surrender of constitutional rights, ...

  • 515 U.S. 687 (1995), 94-859, Babbitt v. Sweet Home Chapter, Communities for Great Ore.

    ..., we presume it intends its amendment to have real and substantial effect." Stone v. INS, 514 U.S. 386, 397 (1995). Congress' ... This provision does not, of course, implicate our doctrine that reenactment of a statutory provision ratifies an extant ... the regulation by judicial invention, even to achieve compliance with the statute, is not permissible. Perhaps the agency itself ...

  • 479 U.S. 272 (1987), 85-494, California Federal Savings & Loan Assn. v. Guerra,

    ...This is not a case where compliance with both the federal and state laws is a physical impossibility. ..., good faith effort to place the employee in a substantially similar job. 4 The statute does not compel employers to provide ... prohibition upon our rendering of advisory opinions is a doctrine of convenience. I would affirm the judgment of the Court of ...

  • 481 U.S. 787 (1987), 85-1329, Young v. United States ex rel. Vuitton et Fils S.A.

    ... . error doctrine cannot apply when a court appoints counsel for an interested ... of criminal contempt, which are the means of securing compliance with court orders. Unless these can be prosecuted by the courts ... the Executive to prosecute contempts is no more substantial than the impairment produced by requiring a jury. The power to ...

  • 456 U.S. 461 (1982), 80-6045, Kremer v. Chemical Construction Corp.

    ... outset that Kremer's Title VII action was barred by the doctrine of res judicata. The District Court initially denied Chemico's ... is true, the Commission is required to "accord substantial weight to final findings and orders made by State and local ...The possibility of voluntary compliance or settlement of Title VII . . claims would thus be ...

  • 531 U.S. 457 (2001), 99-1257, Whitman v. American Trucking Assn.

    ... the results of the study), not only anticipated that compliance costs could injure the public health, but provided for that ... of whether an industry will be entirely, or even substantially, rate-regulated to agency discretion—and even more unlikely that ... (but not the statute itself) violated the non-delegation doctrine. Id., at 1038. We disagree.          In a delegation ...

  • 437 U.S. 678 (1978), 76-1660, Hutto v. Finney

    ..., it directed the Department of Correction to "make a substantial [98 S.Ct. 2570] start" on improving conditions and to file ... order to insure against the risk of inadequate compliance. 9 . .         The order is supported by the ...2574] Amendment doctrine surely do not require federal courts to enforce their decrees ...

  • 426 U.S. 833 (1976), 74-878, National League of Cities v. Usery

    ... private sector, but that the established constitutional doctrine of intergovernmental immunity consistently recognized in a long ... substantial and that it may well be that the Supreme Court will feel it ... are not, of course, the only adverse effects which compliance with the Act will visit upon state and local governments, and, in ...

  • 471 U.S. 84 (1985), 83-1394, United States v. Locke

    ..., the court held that the 1-day late filing "substantially complied" with § 314(a) and the implementing regulations. ... . claim. Full compliance with the assessment work requirements would establish ... decisions would not necessarily bar application of the doctrine of equitable estoppel. Accordingly, the fact that the Court ...

  • 422 U.S. 225 (1975), 74-634, United States v. Nobles

    ... privilege derived from the attorney work product doctrine is not available to prevent disclosure of the investigative ...'s version of the interview, and to diminish substantially" the reliability of that witness' identification. 6 .      \xC2"... sanction was an entirely proper method of assuring compliance with its order. Respondent's argument that this ruling deprived ...

  • 936 F.2d 297 (7th Cir. 1991), 89-3571, Mid-Continent Wood Products, Inc. v. Harris

    ... with Rule 4, it nonetheless determined that strict compliance was unnecessary because of: 1) Harris' "actual knowledge of the ... is often stated in terms of the plaintiff having 'substantially complied' with Rule 4's mandate.. Third, the equities of the ...Thus, to the extent that the "substantial compliance" doctrine has any validity, it is applicable to only those cases such as ...