savings clause


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savings clause

n.
Variant of saving clause.
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The statute of limitations has a "savings clause" that allows plaintiffs who "suffer a nonsuit" to refile their cases within one year.
The third proposal seeks to repeal what is known as the "Savings Clause." Currently, art.
Therefore, the Federal Arbitration Act's savings clause did not apply.
That case involved Jacob Lewis, a former technical writer who sued medical-software company Verona-based Epic Systems Inc., alleging it had shorted him on his wages.<br />Monday's decision means Lewis and the 28 other employees that joined him in the class-action lawsuit will have to individually enter arbitration with Epic.<br />The decision reverses favorable rulings handed down in Lewis' case by District Court Judge Barbara Crabb and the 7th Circuit Court of Appeals.<br />Among the arguments the court rejected was Lewis' argument that the National Labor Relations Act, read together with the savings clause of the Federal Arbitration Act, rendered the arbitration agreements unenforceable.
Concluding the court document, explaining the decision, Justice Madsen stated, "I would hold that the savings clause does not substantially impair the jus publicum (which refers to legal rights enjoyed by all citizens, specifically the right of public access to shorelines)," he stated, then concluded, "these fills have been in existence for 50 years or more and have not been challenged, strong evidence that the legislature's action caused no injury to the public.
Wheeleralso led to the creation of a new savings clause test for erroneous sentences.
For example, the express preemption clause in the Consumer Product Safety Act preempts only state "standards or regulations," and it has a "savings clause" stating that compliance with standards issued by the Consumer Product Safety Commission (CPSC) "shall not relieve" manufacturers from "liability at common law." Despite the clarity of the savings clause, the Eighth Circuit Court of Appeals held that 17-year-old Brian Moe could not receive a jury trial on his claim that a defectively manufactured lawnmower cost him all the fingers on his right hand, because the product's design complied with CPSC standards.
Income Tax Treaties contain a "savings clause" which provides that the U.S.
The court determined that such enforcement was not required in that the FAA's savings clause permitted the invalidation of arbitration agreements by general contract defenses.
In other words, CA-UETA has a savings clause for those transactions within the scope of ESIGN or other California statutes, where a law requires a written signature or writing to be provided, an electronic signature or electronic record may be used.
The Fifth Circuit decided that the language of the Clean Water Act of 1972 did not contain a savings clause that would have allowed for Louisiana to be compensated directly for punitive damages, leaving the state to beg the EPA for additional funds to clean up the still persistent mess.
Therefore, import authorization under the aforementioned savings clause is cancelled, if the exporter fails to honour the export commitment, within the stipulated timeframe.

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