The document outlines the administrative appeals process and time limits for filing discrimination complaints with the Equal Employment Opportunity Commission (EEOC). It discusses the 30-day window for appealing an agency's final action on a complaint. It also addresses the rights of complainants to request court-appointed counsel and file civil suits within 90 days of the agency's final decision or the EEOC's decision on appeal. Agencies must notify complainants of these rights in writing.
EEOC - Agency Processing Of Formal ComplaintsVogelDenise
The document provides guidance to agencies on processing formal EEO complaints. It outlines that agencies must:
1) Acknowledge receipt of formal complaints in writing and provide notice of rights and obligations to complainants, including the right to a hearing and right to appeal.
2) Investigate complaints in a timely manner within 180 days and process mixed cases within 120 days to avoid complainants appealing.
3) Avoid fragmenting EEO complaints by properly defining the legal claim and considering all relevant supporting evidence, even if untimely, to establish potential pattern discrimination.
This document discusses procedures for handling related processes involving EEO complaints, MSPB actions, grievances, and notices of intent to sue. It addresses mixed case complaints and appeals, which involve claims that are appealable to the MSPB and also relate to discrimination. Key points covered include:
- Mixed case complaints contain discrimination claims and other claims appealable to MSPB. Employees must have standing to appeal to MSPB and the claim must be appealable.
- Appealable actions generally fall under six categories such as performance, disciplinary actions, RIFs, and suitability determinations.
- Individuals must elect to proceed with MSPB or EEOC, not both. Filing first
1) The document outlines the procedures for filing appeals to the Equal Employment Opportunity Commission (EEOC) regarding discrimination complaints.
2) It details who may file an appeal, including complainants, agencies, class agents, and grievants. Appeals must be filed within 30 days of receiving a decision.
3) The document provides the addresses and fax number for submitting appeals to the EEOC and notes that Form 573 should be used. It also describes the required contents of agency notices regarding appeal rights.
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document discusses injunctions related to patents and trademarks. It provides an overview of different types of injunctions such as temporary, perpetual, and mandatory injunctions. It explains the requirements for granting injunctions, including showing a strong prima facie case and irreparable harm. The document also covers principles of patents, trademarks, and what constitutes infringement of each. It discusses some judicial precedents related to granting or denying injunctions in patent and trademark cases.
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
California anti slapp law (statute 425-16(e)(1-4)VogelDenise
This document summarizes sections of the California Code of Civil Procedure related to complaints and pleading requirements. It discusses requirements for complaints to contain a statement of facts and demand for relief. It also covers procedures for requesting and serving statements of damages, preserving the right to seek punitive damages, and forms approved by the Judicial Council. Special procedures are outlined for complaints involving personal injury, wrongful death, and lawsuits against healthcare providers or religious organizations.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
EEOC - Agency Processing Of Formal ComplaintsVogelDenise
The document provides guidance to agencies on processing formal EEO complaints. It outlines that agencies must:
1) Acknowledge receipt of formal complaints in writing and provide notice of rights and obligations to complainants, including the right to a hearing and right to appeal.
2) Investigate complaints in a timely manner within 180 days and process mixed cases within 120 days to avoid complainants appealing.
3) Avoid fragmenting EEO complaints by properly defining the legal claim and considering all relevant supporting evidence, even if untimely, to establish potential pattern discrimination.
This document discusses procedures for handling related processes involving EEO complaints, MSPB actions, grievances, and notices of intent to sue. It addresses mixed case complaints and appeals, which involve claims that are appealable to the MSPB and also relate to discrimination. Key points covered include:
- Mixed case complaints contain discrimination claims and other claims appealable to MSPB. Employees must have standing to appeal to MSPB and the claim must be appealable.
- Appealable actions generally fall under six categories such as performance, disciplinary actions, RIFs, and suitability determinations.
- Individuals must elect to proceed with MSPB or EEOC, not both. Filing first
1) The document outlines the procedures for filing appeals to the Equal Employment Opportunity Commission (EEOC) regarding discrimination complaints.
2) It details who may file an appeal, including complainants, agencies, class agents, and grievants. Appeals must be filed within 30 days of receiving a decision.
3) The document provides the addresses and fax number for submitting appeals to the EEOC and notes that Form 573 should be used. It also describes the required contents of agency notices regarding appeal rights.
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The document discusses injunctions related to patents and trademarks. It provides an overview of different types of injunctions such as temporary, perpetual, and mandatory injunctions. It explains the requirements for granting injunctions, including showing a strong prima facie case and irreparable harm. The document also covers principles of patents, trademarks, and what constitutes infringement of each. It discusses some judicial precedents related to granting or denying injunctions in patent and trademark cases.
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
California anti slapp law (statute 425-16(e)(1-4)VogelDenise
This document summarizes sections of the California Code of Civil Procedure related to complaints and pleading requirements. It discusses requirements for complaints to contain a statement of facts and demand for relief. It also covers procedures for requesting and serving statements of damages, preserving the right to seek punitive damages, and forms approved by the Judicial Council. Special procedures are outlined for complaints involving personal injury, wrongful death, and lawsuits against healthcare providers or religious organizations.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
Merit Systems Protection Board Docket Number SF-0752-11-0427-I-1Michael Holt
The document is a final order from the United States Merit Systems Protection Board regarding an appeal of a removal action against Michael L. Holt by the Department of Veterans Affairs. The administrative judge reversed the removal action due to a due process violation, but found that Holt failed to prove his affirmative defenses of discrimination and retaliation. Holt filed a petition for review with the Board. The Board denied the petition, finding that Holt did not establish any basis for granting review. The Board affirmed the initial decision, thereby making it the final decision. The Board also found that the administrative judge did not abuse her discretion in her evidentiary rulings.
This Practice Direction provides guidance on interim remedies in family court proceedings, including injunctions and search orders. It outlines the process for applying for interim orders, the requirements for evidence, and the terms that must be included in orders granted without notice to the other party. Specific provisions are also outlined for urgent applications, search orders, and orders affecting third parties.
The document discusses the law on striking out pleadings in Malaysia. It defines what can be struck out, who can apply, the grounds for an application, and the procedure. A party may apply to strike out all or part of the opposing party's pleadings. Grounds for striking out include if there is no reasonable cause of action or defence, or if the pleadings are scandalous, frivolous, vexatious, or an abuse of court process. The application must be made promptly, preferably before the close of pleadings, and state the specific grounds and order sought.
David purchased a wedding package from Syarikat Cinta Sejati that included clothes and photographs. However, he was dissatisfied with the quality of the photographs and clothes provided. The most appropriate method for David to seek compensation other than litigation is through the Tribunal for Consumer Claims. The procedures for bringing a claim to the tribunal include filing a claim form, serving notice to the respondent, attending a negotiation session, a tribunal hearing if needed, and the tribunal issuing a final binding decision with possible compensation for David.
The court affirmed the trial court's granting of summary judgment in favor of the defendants. The court found that there was no genuine issue of material fact regarding whether the special employer doctrine applied. Under the special employer doctrine, an employee can be considered simultaneously employed by both their primary employer and any other employer to whom their services were loaned, if three conditions are met: (1) an express or implied contract with the special employer; (2) the work being done is essentially for the special employer; and (3) the special employer has the right to control the work details. The court determined all three conditions were met, making the defendant the plaintiff's special employer and entitling the defendant to workers' compensation immunity.
This document is a summary of a Supreme Court of India case regarding interpretation of sections 62 and 134 related to where copyright and trademark infringement suits can be filed. The key issues are whether these sections allow filing where the plaintiff carries on business even without cause of action in that jurisdiction, or if section 20 of the Code of Civil Procedure requiring cause of action still applies. The plaintiffs argue the sections override section 20, while defendants argue they must be interpreted to avoid abuse and harassment. The court considers previous cases and Parliamentary intent in determining the relationship between these sections.
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
This document summarizes the different modes of originating process in the Malaysian High Court under the Rules of Court 2012, including writs of summons and originating summonses. It outlines when each process is appropriate based on whether substantial disputes of fact are likely to arise. It also discusses cases that demonstrate when certain claims must be commenced by writ, can be determined summarily by originating summons, or are inappropriate for a given mode of process. The document concludes by examining the effects of using the wrong originating process and circumstances where proceedings will continue instead of being set aside.
The document discusses the procedures for entering an appearance and obtaining a judgment in default of appearance (JIDA) under Malaysian civil procedure rules.
It explains that once served with a writ, the defendant must enter an appearance within a specified time limit, usually 14 days. Failure to do so allows the plaintiff to obtain a JIDA. A JIDA can be final, for liquidated sums, or interlocutory, requiring damages to be assessed.
The defendant can apply to set aside a JIDA within 30 days. For irregular judgments obtained not in compliance with rules, the JIDA can be set aside as of right. For regular judgments, the defendant must show they have a defense on the merits by disclosing evidence
This document is a supplemental declaration by Fabián Andrade Narváez, an expert on Ecuadorian law, responding to reports submitted by Chevron's experts in an arbitration between Chevron and Ecuador. Andrade addresses several issues raised in those reports, providing analysis of relevant Ecuadorian law and concluding that: (1) Chevron's experts are incorrect that all related companies must be joined in an action to pierce the corporate veil; (2) Ecuadorian law establishes a presumption of liability for hazardous activities like oil operations; (3) the judgment did not award extra petita damages; and (4) Chevron's fraud allegations can only be addressed through an action under Ecuador's Collusive Prosecution Act,
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
Discovery and interrogatories allow parties to obtain relevant information from opponents to assess their cases. Discovery concerns obtaining documents, while interrogatories involve answering questions under oath. The court has discretion to order discovery and interrogatories if necessary for fair case disposal or cost savings. Privileged documents like legal advice are exempt from discovery. Parties have duties to conduct thorough searches and provide full, truthful answers throughout proceedings. Non-compliance can result in sanctions like dismissing claims or defenses.
Presentation on CPC Case Managment by Mr. Murtaza Khan, CJ-III SwatAslam Parvaiz
1. The document outlines the case management rules introduced by the Code of Civil Procedure (CPC) in Khyber Pakhtunkhwa, Pakistan to expedite the disposal of civil cases.
2. It describes the first case management conference where the court and parties will schedule the filing of applications, replies, and hearings to streamline the proceedings. The conference aims to discover chances of settlement.
3. The court will then hold subsequent conferences and issue orders on applications within 60 days to ensure swift resolution of issues without opportunity for appeal on the orders. Conferences also focus the parties on the facts and legal issues in dispute for potential settlement.
Virginia Rules of The Court. http://www.gloucestercounty-va.com Virginia rules of the court. Information you may need to know especially if you are going to handle your case pro se. Visit us.
This document summarizes the law around cancellation of instruments in India. It discusses the key sections of the Specific Relief Act (Sections 39, 40, 41) regarding when instruments can be cancelled and who can file suits. It outlines the essential elements to file a suit, including that the instrument must be written, void/voidable, and if left outstanding may cause serious injury. It provides examples of the scope of cancellation for different types of instruments like gift deeds, mortgage deeds, and sale deeds.
Deterrent strategies in fraud litigation, September 2017, BirminghamBrowne Jacobson LLP
This seminar covered evidence, investigations and deterrent remedies. We focused on:
- an update on development of the use of s 57 CCJA 2015 and the effectiveness of pursuing fundamental dishonesty;
- unlocking evidence of fraud - forensic investigations around documents, mobile devices and computer data;
- costs sanctions against third parties;
- how to conduct an investigation in preparation for potential criminal action;
- evidential and legal considerations in bringing contempt proceedings.
062112 Response To EEOC 06/14/12 LetterVogelDenise
This document responds to a June 14, 2012 letter from Wilma Javey, Director of the Cincinnati Area Office of the EEOC. It objects to Javey usurping authority over the Secretary of Labor and asserts this constitutes an abuse of power that has caused irreparable harm. It also alleges the EEOC's handling of the complaint is a continuation of criminal and civil wrongs in violation of statutes and in retaliation for a previous complaint. The response requests mandatory deferral to the Ohio Civil Rights Commission and for findings of fact and conclusions of law. It reiterates objections and requests to be advised of conflicts of interest.
The document provides a public rebuke of the Obama administration and Congress for various unlawful and unethical actions, including imprisoning whistleblowers like Bradley Manning and violating civil liberties. It accuses them of falsely imprisoning people and committing horrific acts. It calls for ending relationships with unethical organizations like PayPal, which is a client of the law firm Baker Donelson.
Merit Systems Protection Board Docket Number SF-0752-11-0427-I-1Michael Holt
The document is a final order from the United States Merit Systems Protection Board regarding an appeal of a removal action against Michael L. Holt by the Department of Veterans Affairs. The administrative judge reversed the removal action due to a due process violation, but found that Holt failed to prove his affirmative defenses of discrimination and retaliation. Holt filed a petition for review with the Board. The Board denied the petition, finding that Holt did not establish any basis for granting review. The Board affirmed the initial decision, thereby making it the final decision. The Board also found that the administrative judge did not abuse her discretion in her evidentiary rulings.
This Practice Direction provides guidance on interim remedies in family court proceedings, including injunctions and search orders. It outlines the process for applying for interim orders, the requirements for evidence, and the terms that must be included in orders granted without notice to the other party. Specific provisions are also outlined for urgent applications, search orders, and orders affecting third parties.
The document discusses the law on striking out pleadings in Malaysia. It defines what can be struck out, who can apply, the grounds for an application, and the procedure. A party may apply to strike out all or part of the opposing party's pleadings. Grounds for striking out include if there is no reasonable cause of action or defence, or if the pleadings are scandalous, frivolous, vexatious, or an abuse of court process. The application must be made promptly, preferably before the close of pleadings, and state the specific grounds and order sought.
David purchased a wedding package from Syarikat Cinta Sejati that included clothes and photographs. However, he was dissatisfied with the quality of the photographs and clothes provided. The most appropriate method for David to seek compensation other than litigation is through the Tribunal for Consumer Claims. The procedures for bringing a claim to the tribunal include filing a claim form, serving notice to the respondent, attending a negotiation session, a tribunal hearing if needed, and the tribunal issuing a final binding decision with possible compensation for David.
The court affirmed the trial court's granting of summary judgment in favor of the defendants. The court found that there was no genuine issue of material fact regarding whether the special employer doctrine applied. Under the special employer doctrine, an employee can be considered simultaneously employed by both their primary employer and any other employer to whom their services were loaned, if three conditions are met: (1) an express or implied contract with the special employer; (2) the work being done is essentially for the special employer; and (3) the special employer has the right to control the work details. The court determined all three conditions were met, making the defendant the plaintiff's special employer and entitling the defendant to workers' compensation immunity.
This document is a summary of a Supreme Court of India case regarding interpretation of sections 62 and 134 related to where copyright and trademark infringement suits can be filed. The key issues are whether these sections allow filing where the plaintiff carries on business even without cause of action in that jurisdiction, or if section 20 of the Code of Civil Procedure requiring cause of action still applies. The plaintiffs argue the sections override section 20, while defendants argue they must be interpreted to avoid abuse and harassment. The court considers previous cases and Parliamentary intent in determining the relationship between these sections.
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
This document summarizes the different modes of originating process in the Malaysian High Court under the Rules of Court 2012, including writs of summons and originating summonses. It outlines when each process is appropriate based on whether substantial disputes of fact are likely to arise. It also discusses cases that demonstrate when certain claims must be commenced by writ, can be determined summarily by originating summons, or are inappropriate for a given mode of process. The document concludes by examining the effects of using the wrong originating process and circumstances where proceedings will continue instead of being set aside.
The document discusses the procedures for entering an appearance and obtaining a judgment in default of appearance (JIDA) under Malaysian civil procedure rules.
It explains that once served with a writ, the defendant must enter an appearance within a specified time limit, usually 14 days. Failure to do so allows the plaintiff to obtain a JIDA. A JIDA can be final, for liquidated sums, or interlocutory, requiring damages to be assessed.
The defendant can apply to set aside a JIDA within 30 days. For irregular judgments obtained not in compliance with rules, the JIDA can be set aside as of right. For regular judgments, the defendant must show they have a defense on the merits by disclosing evidence
This document is a supplemental declaration by Fabián Andrade Narváez, an expert on Ecuadorian law, responding to reports submitted by Chevron's experts in an arbitration between Chevron and Ecuador. Andrade addresses several issues raised in those reports, providing analysis of relevant Ecuadorian law and concluding that: (1) Chevron's experts are incorrect that all related companies must be joined in an action to pierce the corporate veil; (2) Ecuadorian law establishes a presumption of liability for hazardous activities like oil operations; (3) the judgment did not award extra petita damages; and (4) Chevron's fraud allegations can only be addressed through an action under Ecuador's Collusive Prosecution Act,
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
Compilation of Judgments of Hon'ble Supreme Court of India and High Courts, wherein it is held that "Suit not is maintainable". This document will be helpful for those who are looking for a complilation of judgments whrein it is held that "Suit not is maintainable" on the one ground or the other.
Discovery and interrogatories allow parties to obtain relevant information from opponents to assess their cases. Discovery concerns obtaining documents, while interrogatories involve answering questions under oath. The court has discretion to order discovery and interrogatories if necessary for fair case disposal or cost savings. Privileged documents like legal advice are exempt from discovery. Parties have duties to conduct thorough searches and provide full, truthful answers throughout proceedings. Non-compliance can result in sanctions like dismissing claims or defenses.
Presentation on CPC Case Managment by Mr. Murtaza Khan, CJ-III SwatAslam Parvaiz
1. The document outlines the case management rules introduced by the Code of Civil Procedure (CPC) in Khyber Pakhtunkhwa, Pakistan to expedite the disposal of civil cases.
2. It describes the first case management conference where the court and parties will schedule the filing of applications, replies, and hearings to streamline the proceedings. The conference aims to discover chances of settlement.
3. The court will then hold subsequent conferences and issue orders on applications within 60 days to ensure swift resolution of issues without opportunity for appeal on the orders. Conferences also focus the parties on the facts and legal issues in dispute for potential settlement.
Virginia Rules of The Court. http://www.gloucestercounty-va.com Virginia rules of the court. Information you may need to know especially if you are going to handle your case pro se. Visit us.
This document summarizes the law around cancellation of instruments in India. It discusses the key sections of the Specific Relief Act (Sections 39, 40, 41) regarding when instruments can be cancelled and who can file suits. It outlines the essential elements to file a suit, including that the instrument must be written, void/voidable, and if left outstanding may cause serious injury. It provides examples of the scope of cancellation for different types of instruments like gift deeds, mortgage deeds, and sale deeds.
Deterrent strategies in fraud litigation, September 2017, BirminghamBrowne Jacobson LLP
This seminar covered evidence, investigations and deterrent remedies. We focused on:
- an update on development of the use of s 57 CCJA 2015 and the effectiveness of pursuing fundamental dishonesty;
- unlocking evidence of fraud - forensic investigations around documents, mobile devices and computer data;
- costs sanctions against third parties;
- how to conduct an investigation in preparation for potential criminal action;
- evidential and legal considerations in bringing contempt proceedings.
062112 Response To EEOC 06/14/12 LetterVogelDenise
This document responds to a June 14, 2012 letter from Wilma Javey, Director of the Cincinnati Area Office of the EEOC. It objects to Javey usurping authority over the Secretary of Labor and asserts this constitutes an abuse of power that has caused irreparable harm. It also alleges the EEOC's handling of the complaint is a continuation of criminal and civil wrongs in violation of statutes and in retaliation for a previous complaint. The response requests mandatory deferral to the Ohio Civil Rights Commission and for findings of fact and conclusions of law. It reiterates objections and requests to be advised of conflicts of interest.
The document provides a public rebuke of the Obama administration and Congress for various unlawful and unethical actions, including imprisoning whistleblowers like Bradley Manning and violating civil liberties. It accuses them of falsely imprisoning people and committing horrific acts. It calls for ending relationships with unethical organizations like PayPal, which is a client of the law firm Baker Donelson.
BAKER DONELSON - Attorney Layoffs The SINKING OF A TERRORIST REGIME (CZECH)VogelDenise
17 USC § 107 (LIMITATIONS On EXCLUSIVE Rights - FAIR USE) - For Educational and Information Purposes
Veřejné oznámení: šířit slovo - - Podpořte kolaps Spojených států 'despotismu TERORISMU VLÁDY REŽIMU!
Prosím zapojit do tažení smluv, ODNÍMÁNÍ podniky a financí před teroristickými advokátní kanceláře Baker jako Donelson Bearman Caldwell & Berkowitz. , ,
Potopení BAKER Donelson Bearman CALDWELL & Berkowitz loď je již dávno!
Sjednocující SPOLEČNĚ sundat tohoto teroristického despotismu vláda MasterMind!
The Systemic Task Force Report examines the EEOC's systemic program and provides recommendations for combating systemic discrimination. The Task Force found that while the EEOC has successfully litigated some systemic cases, it lacks a consistent and coordinated approach. The report recommends that the EEOC prioritize systemic discrimination, create incentives for systemic work, improve expertise and resources, and ensure a coordinated nationwide systemic program through district systemic plans and technology improvements.
1) The document discusses charges of discrimination filed with the EEOC against Garretson Resolution Group (GRG) and Messina Staffing.
2) The author argues that GRG, Messina Staffing, their lawyers, and others engaged in misconduct including conspiracy and cover-ups related to the EEOC charges.
3) References are made to broader alleged conspiracies and cover-ups related to 9/11, Obama's birth certificate, the killing of Osama bin Laden, and other political topics. The author urges investigation of potential criminal violations.
- The project aims to deworm 1.5 million people in Ecuador through a nationwide campaign executed by 59 Rotary clubs over 12 months. It will target families with limited economic resources, especially children ages 2 to 12.
- Feed the Children will donate 3 million pills of Mebendazole to treat helminthes infections, and it is hoped that 1.5 million doses of Secnidazole will also be donated to treat amoeba infections. The medications will be distributed free of charge across the country.
- The project aims to unite Rotary clubs in a joint effort to spread awareness of Rotary International's work and help identify deworming needs in schools and institutions through media campaigns.
Delaware Riverkeeper Legal Primer on Becoming an Intervenor in the PennEast P...Marcellus Drilling News
Slide presentation by THE Delaware Riverkeeper attorney for the anti-fossil fuel faithful training them in their legal rights as an intervenvor with the Federal Energy Regulatory Commission.
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
The document discusses alternative dispute resolution through arbitration. It addresses the number of arbitrators that can be appointed, which is determined by the arbitration agreement but defaults to one arbitrator for domestic arbitration and three for international arbitration. It outlines the process for appointing arbitrators, including by agreement of the parties, each party appointing one, or appointment by the Director of KLRCA or High Court if agreement cannot be reached. It describes the grounds and process for challenging an arbitrator, as well as the typical processes involved in an arbitration proceeding, including exchanging statements, conducting hearings, closing the case, and rendering a final written award.
This document summarizes a Supreme Court case regarding a dispute over the construction and operation of a cement plant. The petitioners filed a case in trial court arguing the cement plant would cause pollution and be a nuisance. The trial court issued an injunction prohibiting construction. However, the Court of Appeals overturned this, finding the trial court did not have jurisdiction and the petitioners did not exhaust their administrative remedies with the Department of Environment and Natural Resources (DENR) first. The Supreme Court upheld the Court of Appeals' decision, reiterating the doctrine of exhaustion of administrative remedies requires resolving issues within administrative bodies first before elevating them to courts.
Postdecree remedies for the aggrieved party .pdfElaDwynCordova
This document outlines several legal remedies available after a decree in land registration cases involving fraud in the Philippines:
1) An aggrieved person can pursue an action for damages against the applicant or person responsible for fraud if more than one year has passed since the certificate of title was issued and it can no longer be contested.
2) An action for reconveyance can be filed if the land has not been transferred to a third party, clear evidence of plaintiff's title exists, and fraud was committed by the registered owner.
3) Other cases not involving violations of trusts, like forged deeds of sale, require actions for reconveyance to be filed in a regular court rather than the land registration court.
1. The document discusses the rules and procedures for intercompany arbitration through Arbitration Forums regarding workers' compensation subrogation claims.
2. Key details include that arbitration is available for claims up to $250,000, parties must be signatories to the arbitration rules, and decisions are final and binding except appeals can be made for claims over $100,000.
3. Carriers can only submit claims through intercompany arbitration if the applicable jurisdiction recognizes the carrier's independent right of recovery for reimbursement of workers' compensation benefits paid.
29 CFR 1604.8 (Processing Complaint Filed With EEOC and StateAgencies)VogelDenise
This document outlines procedures for handling complaints or charges of employment discrimination that are filed with both the Equal Employment Opportunity Commission (EEOC) and a Section 504 agency. The EEOC will generally process charges that allege solely employment discrimination against an individual, unless the complainant elects to have the Section 504 agency process it. A Section 504 agency will generally process complaints that allege discrimination in both employment and other areas, allege a pattern of employment discrimination, or where the complainant elects Section 504 processing. If neither agency has jurisdiction, the complaint will be referred to the Civil Rights Division to determine if another agency has jurisdiction. The EEOC and Section 504 agencies will also develop procedures to determine if complaints have been dual filed.
The document discusses two cases - Eugenio v. Drilon, which ruled that the Subdivision and Condominium Buyers' Protective Decree (P.D. 957) has retroactive effect to protect home buyers, and Antonio v. Miranda, which held that the period to appeal a decision in a barangay election protest to the COMELEC is 5 days based on the COMELEC Rules of Procedure, not 10 days as stated in other laws. It also discusses Tañada v. Tuvera, where the Supreme Court ruled that the clause "unless it is otherwise provided
06/08/12 - Response To Ohio Civil Rights Commission May 9, 2012 LetterVogelDenise
The document requests reconsideration of the EEOC's dismissal of a discrimination complaint filed against Messina Staffing and the Garretson Firm Resolution Group. It cites regulations allowing the EEOC to reconsider a dismissal within 90 days and issue a new right-to-sue letter. The complainant objects to the dismissal and argues the EEOC failed to conduct a proper investigation or issue written findings. She requests the EEOC defer the charge to the Ohio Civil Rights Commission.
06/08/12 - EEOC Response To Dismissal & Notice Of RightsVogelDenise
1. The document requests reconsideration of the EEOC's dismissal of the complainant's discrimination charge.
2. It alleges that the EEOC violated the complainant's statutory rights and committed errors in handling the charge.
3. The document objects to the dismissal and requests reconsideration, arguing that the EEOC deprived the complainant of rights guaranteed under employment discrimination laws.
This document provides information about disclaiming onerous property and certain transfers being void during the winding up process under the Companies Act, 2013 in India. It includes definitions of key terms, an overview of sections 333-335 which allow a company liquidator to disclaim onerous property with court approval, notes certain transfers after winding up commencement are void, and that court approval is required for liquidators to make compromises. Forms to be used for various processes are also listed.
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This document outlines the rules of procedure for the Office of the Ombudsman in the Philippines. It discusses procedures for both criminal and administrative cases handled by the Office. For criminal cases, it describes the grounds and process for preliminary investigations, including who can conduct them. It also differentiates procedures for cases under the jurisdiction of different courts. For administrative cases, it lists the grounds and outlines how cases can be initiated through written complaints. It specifies which public officials fall under the authority of the Office of the Ombudsman.
The document provides an overview of key definitions and concepts from the Code of Civil Procedure in India across 5 units.
Unit I defines key terms like decree, suit of civil nature, and jurisdiction of courts. It notes a decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree requires further steps, while a final decree completely resolves a suit.
The document outlines the structure of the Code of Civil Procedure and provides definitions of important terms from Section 2 like plaintiff, defendant, suit, and decree. It distinguishes decrees from orders.
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3. Appealing a preventive suspension order to the Civil Service Commission within 15 days.
4. Filing a motion for reconsideration with the disciplining authority within 15 days for a party adversely affected by a decision.
The Reserve Bank of India has established procedures for compounding contraventions under the Foreign Exchange Management Act 1999 (FEMA). [1] Compounding allows individuals and companies to settle contraventions by paying a penalty, rather than facing adjudication proceedings. [2] The Reserve Bank is authorized to compound all contraventions except those under Section 3(a) of FEMA, which deals with hawala transactions and is handled by the Directorate of Enforcement. [3] The compounding process involves submitting an application, paying a fee, and the Compounding Authority issuing an order within 180 days determining the penalty amount.
This document outlines disciplinary proceedings and penalties for government servants in Odisha. It discusses the Conduct Rules that government servants must follow and potential disciplinary actions for failing to discharge duties properly. Minor penalties include fines, censure, withholding increments, etc, while major penalties are more severe, like removal from service. For minor penalties, the employee is given a statement of allegations and chance to respond before penalties are imposed. Major penalty proceedings require a formal inquiry be conducted, with defenses presented and witnesses questioned. The employee can appeal penalty orders to higher authorities, and the Governor can review any order. Effects on service benefits during pending proceedings are also outlined, along with common questions about disciplinary processes.
To analyse and understand the provisions of Foreign Exchange Management (Adjudication Proceedings And Appeal) Rules, 2000. We shall understand the provisions relating to imposition of penalty, the adjudicating authority, inquiry proceedings and the various aspects of appeal.
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
1) The Luzon Development Bank (LDB) and the Association of Luzon Development Bank Employees (ALDBE) had a dispute over LDB's compliance with their collective bargaining agreement and memorandum of agreement regarding promotions.
2) They agreed to voluntary arbitration and submitted position papers to the arbitrator, Atty. Ester Garcia. LDB failed to submit its position paper.
3) Without LDB's position paper, the arbitrator issued a decision in favor of ALDBE, finding that LDB had not complied with the agreements regarding promotions. LDB then filed a petition directly with the Supreme Court to nullify the arbitrator's decision.
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EEOC - Administrative Appeals
1. MD 110 - Chapter 10 http://www.eeoc.gov/federal/directives/md110/chapter10.html
The U.S. Equal Employment Opportunity Commission
ADMINISTRATIVE APPEALS, CIVIL ACTIONS, AND APPOINTMENT OF
COUNSEL
I. INTRODUCTION
Aggrieved persons must be made aware of administrative and civil action time limitations which
potentially may bar an aggrieved person's ability to file appeals and civil actions. The time limits
specified throughout this Management Directive are stated in calendar days.
All parties should be aware that attorney's fees may be awarded at the administrative level and beyond
under Title VII of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e-16, and under the Rehabilitation
Act of 1973, see 29 U.S.C. § 791, but that attorney's fees are not available at the administrative level
under the Age Discrimination in Employment Act, 29 U.S.C. § 633a, or the Equal Pay Act, 29 U.S.C. §
206(d).
Finally, the agency must advise complainants that they can request that a U.S. District Court appoint
counsel for them after they file suit in that court.
II. ADMINISTRATIVE APPEALS
A. Time Limits for Appeals to the Commission - 29 C.F.R § 1614.402
The following time limits apply for filing an appeal to the Commission:
1. Appeals limits for complainant's appeal of an agency's final action on or dismissal of
individual complaints of discrimination: Within thirty (30) days of receipt of the dismissal
or final action. See 29 C.F.R. § 1614.401(a).
2. Appeals limits for decisions on class complaints of discrimination under § 1614.402(a):
a. a class agent or an agency may appeal an Administrative Judge's decision accepting
or dismissing all or part of a class complaint; a class agent may appeal a final
decision on a class complaint; a class member may appeal a final decision on a
claim for individual relief under a class complaint; and
b. a class member, a class agent or an agency may appeal a final decision on a petition
pursuant to § 1614.204(g)(4).
See § 1614.401(c). Appeals described in § 1614.401(c) must be filed within thirty (30)
days of receipt of the dismissal or final decision.
3. Appeals limits for allegations of noncompliance with a settlement agreement or an
Administrative Judge's decision that has not been appealed to the Commission or been the
subject of a civil action under § 1614.504.
a. Within thirty (30) days of the complainant's receipt of an agency's determination on
an allegation of noncompliance.
b. Thirty-five (35) days after the complainant serves the agency with an allegation of
noncompliance, if the agency has not issued a determination.
Notice to the EEO Director of noncompliance is a prerequisite to the filing of an appeal
alleging breach of a settlement agreement.(1)
4. Appeals limits on final grievance decisions in employment discrimination claims where 5
U.S.C. § 7121(d) applies to the agency: Within 30 days of receipt of the final decision of
an agency, an arbitrator, or the Federal Labor Relations Authority when employment
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2. MD 110 - Chapter 10 http://www.eeoc.gov/federal/directives/md110/chapter10.html
discrimination was raised.
5. Limits on petitions for consideration of final decisions of the MSPB on mixed case appeals
and mixed case complaints (5 C.F.R. § 1201.151 et seq. and 5 U.S.C. § 7702).(2)
a. Within 30 days of receipt of the final MSPB decision.
b. b. Within 30 days after the decision of a MSPB field office becomes final.
6. Appeals limits for an agency's appeal if the agency's final order following a decision by an
Administrative Judge does not fully implement the decision of the Administrative Judge:
a. Within forty (40) days of receipt of the Administrative Judge's decision.
b. Under 29 C.F.R. § 1614.401(b), an agency is required to file an appeal to the
Commission if the agency's final order does not fully implement the decision of the
Administrative Judge. The Commission's use of the word "may" in §1614.401(b) is
not inconsistent with this requirement. The agency has the option to appeal if it is
not satisfied with the Administrative Judge's decision. If the agency chooses not to
appeal, however, it must fully implement the Administrative Judge's decision. In
other words, when the agency decides whether it will fully implement the
Administrative Judges's decision, it is also deciding whether to appeal; a decision to
fully implement means that it is not appealing while a decision not to fully
implement means that it is appealing.
B. Appeals to the Commission - § 1614.504(a)
In addition to providing for appeals to the Commission by complainants alleging breach of a
settlement agreement, § 1614.504(a) provides that a complainant may file an appeal alleging
agency noncompliance with a final action through which the agency has accepted the decision of
an Administrative Judge. The complainant first must present his/her allegations of
noncompliance to the EEO Director. The complainant thereafter may appeal:
1. Within thirty (30) days of the complainant's receipt of an agency's determination on the
allegation of noncompliance.
2. Thirty-five (35) days after the complainant serves the agency with the allegation of
noncompliance, if the agency has not issued a determination.
C. Petitions to Consider MSPB Decisions
A petition to EEOC to consider a final MSPB decision on a mixed case appeal or on the appeal of
a final decision on a mixed case complaint, under § 1614.303 and § 1614.304, must be in
writing and must include:
1. The name and address of the petitioner and of petitioner's representative (if any);
2. A statement of the reasons why the decision of the MSPB is alleged to be incorrect, only
with regard to the issues of discrimination based on race, color, religion, sex, national
origin, age, or disability;
3. A copy of the decision issued by the MSPB; and
4. The signature of the petitioner or representative, if any.
D. Appeal to MSPB on Mixed Case Complaint
At the time the agency issues its final decision on a mixed case complaint the agency shall
advise the complainant of the right to appeal the decision to the MSPB (not the EEOC) within
thirty (30) days of receipt of the agency's final decision provided at § 1614.302(d)(3).
III. CIVIL ACTIONS
A. Time Limits for Civil Actions
1. Title VII, Age Discrimination in Employment Act, Rehabilitation Act - § 1614.407.
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3. MD 110 - Chapter 10 http://www.eeoc.gov/federal/directives/md110/chapter10.html
A complainant who has filed a non-mixed individual complaint, an agent who has filed a
class complaint, or a claimant who has filed a claim for individual relief in a class action
complaint may file a civil action in an appropriate United States district court:
a. Within ninety (90) days of receipt of an agency's final action on an individual
complaint, or final decision on a class complaint, if no appeal has been filed.
b. After 180 days from the date of filing an individual or class complaint if no appeal
has been filed and no final action on an individual complaint or no final decision on
a class complaint has been issued.
c. Within 90 days after receipt of the Commission's final decision on appeal.
d. After 180 days from the date of filing an appeal with the Commission if there has
been no final decision by the Commission.
2. The Equal Pay Act - § 1614.408.
Regardless of whether the individual complainant pursued any administrative complaint
processing, a complainant may file a civil action in a court of competent jurisdiction within
two years or, if the violation is willful, within three years of the date of the alleged
violation of the Equal Pay Act. Recovery of back wages is limited to two years prior to the
date of filing suit, or to three years if the violation is willful; liquidated damages in an
amount equal to lost back wages may also be awarded. The filing of an administrative
complaint does not toll the time for filing a civil action.
B. Termination of EEOC Processing
Filing a timely civil action under any of these statutes terminates Commission processing of an
appeal. § 1614.409. If a civil action is filed after an appeal has also been filed, the parties are
requested to notify the Commission of this event in writing.
C. Mixed Case Complaints
The Civil Rights Act of 1991 did not extend the time limit for filing a civil action in mixed case
complaints. See § 1614.310, which sets forth the statutory rights to file a civil action in mixed
case complaints.
IV. NOTICE OF COMPLAINANT'S RIGHT TO REQUEST COURT APPOINTMENT OF COUNSEL AND
STATEMENT OF RIGHT TO APPEAL
Consistent with the court's holding in Hilliard v. Volcker, 659 F.2d 1125 (D.C. Cir. 1981), it is the
Commission's policy to require all federal agencies subject to the Management Directive to inform
complainants, in writing, of their statutory right to request court appointment of counsel for
representation in connection with the filing of civil actions that arise under Title VII and the
Rehabilitation Act.
In Hilliard, the court held that agencies must inform complainants unsuccessful in the administrative
process that, in the event they file a civil action, the court has discretionary authority to appoint
counsel for them. A litigant who fails to request counsel should not be penalized because an agency
has been remiss in its duty to inform the complainant of the court's authority.
Therefore, all federal agencies subject to 29 C.F.R. Part 1614 must include the following language in
every final action or final decision on complaints which allege discrimination on the bases of race,
color, religion, sex, national origin, and/or disability:
Within 30 days of your receipt of the final action or final decision (as appropriate), you have the right
to appeal this final action or final decision to:
Equal Employment Opportunity Commission
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
You also have the right to file a civil action in an appropriate United States district court. If
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4. MD 110 - Chapter 10 http://www.eeoc.gov/federal/directives/md110/chapter10.html
you choose to file a civil action, you may do so
-- within 90 days of receipt of this final action or final decision (as
appropriate) if no appeal has been filed, or
-- within 90 days after receipt of the EEOC's final decision on appeal, or
-- after 180 days from the date of filing an appeal with the EEOC if there has
been no final decision by the Commission.
You must name the person who is the official agency head or department head as the
defendant. Agency or department means the national organization, and not just the local
office, facility, or department in which you might work. Do not name just the agency or
department. In your case, you must name as the defendant. [The Administrative Judge or
agency must supply the name of the proper person.] You must also state the official title
of the agency head or department head. Failure to provide the name or official title of the
agency head or department head may result in dismissal of your case.
If you decide to file a civil action, under Title VII or under the Rehabilitation Act, and if
you do not have or cannot afford the services of an attorney, you may request that the
Court appoint an attorney to represent you and that the Court permit you to file the action
without payment of fees, costs, or other security. The grant or denial of the request is
within the sole discretion of the Court. Filing a request for an attorney does not
extend your time in which to file a civil action. Both the request and the civil action MUST
BE FILED WITHIN NINETY (90) CALENDAR DAYS of the date you receive the final action or
final decision (as appropriate) from the agency or the Commission.
Chapter 9| Table of Content| Chapter 11
1. As a prerequisite to the agency determination, § 1614.504 provides :
If the complainant believes that the agency has failed to comply with the terms of a settlement agreement or
final decision, the complainant shall notify the EEO Director, in writing, of the alleged noncompliance within
30 days of when the complainant knew or should have known of the alleged noncompliance.
2. The Commission will only accept petitions for review of final MSPB decisions.
This page was last modified on December 12, 2008.
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