"We were paying upward $1,300 a month back to that recoupment," he said.
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Military family: Enlistment bonus fiasco 'depleted our savings' The reasons for the $21,000 recoupment?
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The Obama administration, meanwhile, is fighting to dismiss a class-action lawsuit related to recoupment.
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Under the bills introduced Thursday, recoupment would be waived for anyone who unknowingly received erroneous bonuses.
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Under the bills introduced Thursday, recoupment would be waived for anyone who unknowingly received erroneous bonuses.
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The issue has sparked an outcry from Congress, with dozens of lawmakers calling on the Pentagon to halt recoupment efforts.
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The final version of the National Defense Authorization Act (NDAA) unveiled Tuesday requires a review of all cases of recoupment between 2004 and 2015.
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I recently became aware of a young American energy company that is leading the way in responsible, reliable and affordable power recoupment from flared natural gas.
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Sussman suggests that changes in vendor policies could mean the company has been shifting into recoupment mode, making some kind of regulatory action more urgent than ever.
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A department official told the inspector general in a letter that "it is unclear as a matter of law whether recoupment" of a larger amount is required.
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"It's not a recoupment mechanism; it's not about setting premiums to offset last year's policies," says Mike O'Malley, senior vice president of public policy for the association.
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Again, this scandal was broken just this past Saturday, yet one petition urging the U.S. Supreme Court to halt the Pentagon's recoupment efforts already has over 22019,000 signatures.
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We're putting in more skin than we once did, and after recoupment we think it's fair that we should be able to share in the success of the show.
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There are several legislative remedies worth exploring, including implementing a fee recoupment standard that ensures fees paid by borrowers for refinancing are repaid in a reasonable time period through lower payments.
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This bill strengthens accountability at the VA by speeding up disciplinary actions, allowing recoupment or reduction in an employee's pension, bonus, or relocation expense for misconduct, and enhances protections for whistleblowers.
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Issa also wrote to the chairmen of the House and Senate Armed Services Committees, asking them to include a provision in the 2017 National Defense Authorization Act to halt the Pentagon's recoupment.
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According to the Times, it's not just the original money that's at stake, either; "interest charges, wage garnishments and tax liens" are being added to recoupment efforts for those who refuse to pay.
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In a letter to shareholders here, CtW said that Mylan needs a clawback that includes recoupment of executive pay for misconduct related to supervisory failures and not just conduct that results in financial restatements.
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The industry standard of 6 percent that Mr. Piliero speaks of has been what is typically paid for Dramatist Guild arrangements for Broadway shows, post-recoupment, and covers the music, lyrics and book, according to entertainment lawyers.
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"Any recoupment by the federal government will severely harm Jackson Memorial Hospital, and, most importantly, the Medicaid and uninsured patients that rely on Jackson Memorial for life-saving care," she wrote in a memo that described the report's high-level conclusions.
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Recoupment is the practice, common in the music industry, of claiming an advance provided to an artist back from that artist rather than (or, as well as) from related sources. Many record labels practice recoupment, and most new artists have little choice but to accept it since they lack the negotiating power to obtain a better contract.
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For example: # Stephen J. Legatzke, Note, The Equitable Recoupment Doctrine in United States v. Dalm: Where's the Equity, 10 Va. Tax Rev. 861 (1991). # Legatzke, supra note 1, at 862.
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However, in each case the law requires them to return the amount of any compensation received in respect of which they have also received insurance payments to the insurer. Strictly speaking, this is not a case of subrogation; it is a case of recoupment.
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Sections 6 to 15 elaborate on procedure through hearings, practice directions, mediation, pre-hearing reviews, confidential information, publicity and costs and enforcement. Sections 16 and 17 concern recoupment of social security benefits. Sections 18 to 19A deal with conciliation procedures. Part II concerns the Employment Appeal Tribunal.
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Predatory pricing can be split into two stages. Firstly, there is the predation stage, where dominant firms offer a good or service at a below-cost rate which reduces profits in the short-term, but is intended to price out competitors from the market. Secondly, there is the recoupment stage, where dominant firms charge monopoly prices in the long-term to recover their losses. Under EU law, the European Commission can account for recoupment as a factor in determining whether predatory pricing is abusive.Case 202/07 P, France Télécom SA v Commission of the European Communities [2009] ECR I-02369, para 111 This is because predatory pricing can only be economically effective if a firm can recover its short-term losses from pricing below average variable costs (AVC).
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The Tweed law, formally known as Executive Law Section 63-C, is a New York State law that allows the Attorney General of New York to pursue the recoupment of public funds misused by government officials without the request from a local official. Its popular name comes from Tammany Hall boss William M. Tweed. It was first passed in 1876.
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Under Section 181 of the tax code, U.S.-based film and TV productions are able to immediately expense up to $15 million and do not pay taxes on income until the $15 million is recouped. The League hopes that the benefits of Section 181 would make attracting investors easier, because the investors are currently paying income taxes before recoupment, without making any profit from projects.
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Owners implored Rusie and Freedman to compromise; neither would budge. The holdout was finally settled just before the 1897 season, as the owners collaborated for recoupment of the garnished wages, as well as a $5,000 settlement ($ in today's dollars). This was partially out of respect for Rusie. However, the primary motivator was the threat of legal action against the reserve clause had his case gone to court.
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From 1991 to 2010 the IPF invested over $47M in 251 Canadian television drama series. In 2010, the IPF's mandate was revised to focus funding on drama series created for new digital platforms. It allocates nearly $2M per year from the interest generated by the endowment and recoupment of its funding investments, to original digital drama series. From 2010–2017 the IPF invested $12.8M in 114 short form scripted digital series.
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While WKBD was eventually sold to Cox Enterprises, finding an entity to purchase WKBS proved to be difficult. Faced with a deadline to complete the liquidation of Field Enterprises, and with no purchasers having been found, Field took WKBS dark on August 30, 1983, and returned the station's license to the FCC. Field did achieve some financial recoupment by selling most of WKBS's non-license assets to rival Philadelphia independent station WPHL-TV.
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"Tony For Best Musical is Nice But a Profitable Hit is Better" The New York Times, June 15, 2014 and in April 2015 the producers announced the recoupment of the capitalization. A U.S. national tour of the production opened in September 2015 at the Proctor's Theatre in Schenectady, New York, and closed in March 2017 at the Sacramento Community Center Theater. A second national tour opened in September 2017 at the Overture Center in Madison, Wisconsin,Gans, Andrew.
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Wanadoo Interactive was part of France Telecom SA after a merger. The Commission found it to have set predatory prices ‘as part of a plan to pre- empt the market in high-speed internet access during a key phase in its development’. France Telecom argued that such a charge should only succeed if proven that the predator is capable of recouping the losses it incurs during its campaign. The Advocate General's Opinion was sympathetic to recoupment argument.
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Affirmative defenses asserted in Virginia are called "special pleas". A special plea alleges additional facts which would obviate the case, such as the passage of a statute of limitations, failure of a contract to meet the statute of frauds, or res judicata as to the action. The defendant may also raise equitable defenses such as failure of consideration or unconscionability, which operate to diminish the value of the plaintiff's claim. This is referred to as "common law recoupment".
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Coser was a passionate feminist, and launched a class-action lawsuit against SUNY, for the recoupment of wages among female faculty and staff. She has served in important positions within the Society of Social Problems and the Eastern Sociological Society. Rose Coser published many works within the fields of medical sociology, sociology of the family, and gender roles. In her book The Family: Its Structures and Functions, discusses the universality of the family structure as well as how these structures may differ depending on the society in which they exist.
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The California Department of Insurance (CDI), established in 1868, is the agency charged with overseeing insurance regulations, enforcing statutes mandating consumer protections, educating consumers, and fostering the stability of insurance markets in California. The CDI has authority over how the insurance industry conducts business within California, and licenses and regulates the rates and practices of insurance companies, agents, and brokers in the state. CDI has over 1,300 employees charged with the responsibility of protecting consumer interests. Its budget is primarily derived from funds generated by license fees, assessments, and Proposition 103 recoupment fees.
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The 416 & Burro Fire Complex were two wildfires that burned in the southwestern portion of Colorado in the United States in 2018. The fires burned predominantly within San Juan National Forest, 13 miles north of Durango and 14 miles south of Rico. The 416 fire started on June 1, 2018, and the Burro Fire followed on June 8. Federal officials allege that embers emitted from a coal locomotive used by the Durango and Silverton Narrow Gauge Railroad started the blaze, and have filed a lawsuit against the railroad seeking recoupment of $25 million in firefighting costs, penalties, and legal expenses.
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Some funds will execute "waiver or reimbursement agreements" with the fund's adviser or other service providers, especially when a fund is new and expenses tend to be higher (due to a small asset base). These agreements generally reduce expenses to some pre-determined level or by some pre-determined amount. Sometimes, these waiver/reimbursement amounts must be repaid by the fund during a period that generally cannot exceed 3 years from the year in which the original expense was incurred. If a recoupment plan is in effect, the effect may be to require future shareholders to absorb expenses of the fund incurred during prior years.
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On February 9, 2018, the Italian cryptocurrency exchange BitGrail announced its shutdown, reporting unaccounted losses of 17 million Nano from its wallets, preventing users from accessing assets stored on the platform. Victims of the exchange hack sought recoupment through the Italian court system, and supported by the Nano Foundation, launched a class-action suit against BitGrail owner Francesco Firano. In January 2019, the Court of Florence found Firano liable for the losses after discovering that the exchange had failed to implement any meaningful safeguards to ensure the safety of their customers' funds and failed to report losses from as early as July 2017. As of December 2019, bankruptcy proceedings are underway.
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The recoupment provision requires the Director of the Office of Management and Budget to submit a report on TARP's financial status to Congress five years after its enactment. If TARP has not been able to recoup its outlays through the sale of the assets, the Act requires the President to submit a plan to Congress to recoup the losses from the financial industry. Theoretically, this prevents TARP from adding to the national debt. The use of the term "financial industry" in the provision leaves open the possibility that such a plan would involve the entire financial sector rather than only those institutions that availed themselves of TARP.
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The bill also mandates an expansion of the Sarbanes Oxley "clawback" (recoupment) provision, requiring corporate executive compensation contracts to include a "clawback" provision, whereby in the event of an accounting restatement, the executives must pay back any bonuses or incentive compensation based on the accounting mistake. Unlike Sarbanes-Oxley, "there does not need to be executive wrongdoing" involved to trigger the clawback.Summary of Clawback Policies Under Dodd-Frank Reform Act By Deborah Lifshey, Pearl Meyer & Partners, boardmember.com As of early 2012, this portion of the Dodd-Frank Act has yet to be implemented by the SECThe SEC had not yet issued guidance on the specific type of clawback provision that firms must employ.
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The Quakers were controlled by a group of investors, which included brothers G. W. and J. Earl Wagner.Lewis, Chapter 5 Under the pressure of PL investors, who were seeking recoupment of massive financial losses following the 1890 season, pressured the Brotherhood to compromise with the NL and AA.Lewis, Chapter 6 The deal called for the dissolution of the league, while allowing the players to return to their old teams without penalty, with the reserve clause and the selling of players, without their consent, outlawed.Lewis, Chapter 6Lewis, Chapter 7 The Quakers were allowed entrance into the AA for 1891 season and claimed the nickname of the team they were replacing, the Philadelphia Athletics, who had been expelled for violating the league constitution.
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See generally, Virgo, Principles of the Law of Restitution (3rd ed, 2015); Burrows, Law of Restitution (3rd ed, 2011); Mitchell, Mitchell, Watterson, Goff & Jones Law of Unjust Enrichment (8th ed, 2011); Edelman and Degeling, Equity in Commercial Law (LexisNexis, 2005). Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been enriched; # this enrichment is at the claimant's expense; # this enrichment at the claimant's expense is unjust; and # there is no applicable bar or defence.
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Case 62/86, AKZO Chemie BV v Commission of the European Communities [1991] ECR I-03359, para 71 However, recoupment is not a precondition for establishing whether predatory pricing is an abuse of dominance under Article 102 TFEU.Case 333/94 P, Tetra Pak International SA v Commission of the European Communities [1996] ECR I-5951, para 44 Assessing other factors, such as barriers to entry, can suffice to prove how the predatory pricing could foreclose competitors from the market. The use of predatory pricing to capture a market in one territory while maintaining high prices in the suppliers' home market (also known as "dumping") creates a risk that the loss-making product will find its way back to the home market and drive down prices there.
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In addition, the CTF receives revenue from recoupment on production investments made through its Equity Investment Program. Under licence agreements with the Canadian Radio-television and Telecommunications Commission, BDUs are required to contribute up to 5% of their gross broadcasting revenue to Canadian programming, with 1.5% to 5% to be contributed to production funds. Of the total contributions to production funds, at least 80% must be directed to the CTF. By fostering the growth of television production in Canada through financial investment and industry research, the Canadian Television Fund (CTF) supports the development of Canadian talent, programs and audiences. Since 1995, the CTF has contributed to the creation of over 25,000 hours of Canadian programming and has infused over $2.5 billion into the industry, triggering the production of over $8 billion of Canadian programming.
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In the United States, Extended School Year (ESY) services are designed to support a student with a disability as documented under the Individuals with Disabilities Education Act (IDEA) to maintain the academic, social/behavioral, communication, or other skills that they have learned as part of their Individualized Education Program (IEP) or Section 504 accommodation plan. In order for a student to receive ESY services, the student must have evidenced substantial regression and recoupment issues during the previous IEP year and/or there is evidence of emerging skills which are often referred to as "breakthrough" skills. The focus of the services provided to the student as part of an ESY program are generally not upon learning new skills or "catching up" to grade level, but rather to provide practice to maintain previously acquired or learned skills. In some cases ESY is focused on continuing education for students whose rate of progress is insufficient to enable effective progress during the regular school year.
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