Sentences with phrase «claim against defendant»

Schuckman Realty v. Marine Midland Bank (244 A.D. 2d 400)- broker not entitled to recover a commission from defendant under contract theory where broker entered into brokerage agreements with parties other than the defendant; broker's claim against defendant in quantum meruit fails due to the existence of a valid and enforceable agreement governing the particular subject matter (i.e., commission agreement between broker and other parties).

The court held that commercial fisherman could bring a common law negligence claim against a defendant that allegedly polluted Tampa Bay's public waters.

The application of these rules was recently considered by Deputy Master Nurse in Webb Resolutions Ltd v Countrywide Surveyors Ltd, a professional negligence claim against the defendant surveyor.

Plaintiff director of a gay - rights advocacy group has not stated a defamation claim against defendant, the president and CEO of Parents and Friends of Ex-Gays Inc. (PFOX), by alleging defendant stated that plaintiff asked for people to «run over» defendant...

In the lawsuit, the personal representative stands in the shoes of the decedent and asserts a negligence claim against the defendant.

This should help to preserve evidence, as well as immediately get a jump start on a claim against a defendant likely to ultimately face numerous claims for injuries and wrongful death stemming from the same incident.

A plaintiff may sue the truck driver's employer in addition to the actual driver if they can establish the elements of a negligence claim against that defendant.

Later, the plaintiff filed a civil negligence claim against the defendant, claiming that the defendant's negligence resulted in his injuries.

Excalibur had brought a claim against the defendant companies, Texas and Gulf for specific performance of a collaboration agreement purportedly granting Excalibur a 30 % share in the potentially lucrative Shaikan oil field in Kurdistan.

The Claimant then brought a claim against the Defendant Trust.

Here is an example: imagine that a plaintiff is in an auto accident and files a claim against the defendant.

In a class action, all of the various plaintiffs join together for one claim against the defendant.

In Combs v. Bergen, the Plaintiff was injured in a motor vehicle collision, and brought an ICBC claim against the Defendant for damages for pain and suffering, wage loss, diminished earning capacity, and cost of future.

In Ferrara v. Lorenzetti, Wolfe6, the majority judgment of the Court of Appeal (Laskin and Sharpe, J.J.A.) held the plaintiff's claim against the defendant solicitor was NOT statute barred.

The plaintiff will file a claim against the defendant, for the money they feel they are owed due to medical expenses, lost time at work, pain and suffering, and any other relevant damages the defendant may have incurred.

In addition, an evaluation of the strength of the legal claim against the defendant (s), whether liability is clear or likely to be highly contested, must be conducted.

A lawsuit technically begins when a complaint — a legal document setting out the facts and legal basis for your claim against the defendant — is filed in court.

The plaintiff filed her claim against the defendant condominium corporation within the 2 - year limitation period.

In short, a bad faith claim in this context usually arises when an auto accident victim files a claim against the defendant driver and there is a reasonable probability that the recovery will be in excess of the insurance policy.

The skilled Miami personal injury attorneys at Friedman Rodman & Frank can help you pursue a claim against any defendant, including government employees.

Perell J. dismissed the proposed Lipson class action claim against the defendant law firm as statute - barred.

In Harlequin Property (SVG) Ltd v Wilkins Kennedy [2016] EWHC 3233 (TCC), [2017] All ER (D) 11 (Jan) Coulson J had dismissed most of the claimant's claim against the defendant but did allow a sizeable claim based upon negligent advice in respect of the building contract.

Most states attempt to balance a victim's right to bring a claim against a defendant's right to know that a claim will not be brought after a certain period.

Our office will be pursuing a negligence claim against the defendant and her auto insurance carrier.

A solicitor may attend the hearing to offer advice to the bereaved family on what is happening in the criminal process, and to also take a note of the evidence to support any later civil compensation claim against the defendant.

A civil claim against the defendant can be brought by the estate of the deceased and / or by those who depended upon the deceased for either financial assistance or services.

My summary of the case is: A trial judge — he wasn't named in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim against the defendant bank and a solicitor for breach of fiduciary duty and negligence.

Morrison and her family (her son and daughter) brought a claim against the defendant.

«However, at this stage of the litigation, accepting plaintiffs» allegations as true, plaintiffs have, albeit barely, stated a plausible equal protection claim against defendant Antonacci.»

In its original Complaint, the Government made four claims against Defendants under three federal statutes.

¶ 11, and instead purport to bring these «claims against defendants for having put fossil fuels into the flow of international commerce.»

The case involved issues as to the interpretation of DIFC regulatory law and claims against the defendant bank in both contract and tort.

Technomed brought a claim against the Defendants for infringement of several rights including (i) the sui generis database right in the Database; (ii) copyright in the Database; and (iii) copyright in the diagrams and explanatory materials.

She made various claims against the defendant, including: breach of privacy or intrusion upon seclusion; pecuniary damages for appropriation of personality; and punitive damages.

The plaintiff knew she had a claim against the defendants within the limitation period.

An award of damages; the receiving of a favorable judgment; the winning of a lawsuit; a decree of a court granting the plaintiff part or all of his claim or claims against a defendant.

[6] The plaintiff claims against the defendant under all heads of damages for his personal injuries, in the total sum of $ 739,664.

This means that it is generally the only recourse available to employees who suffer job - related injuries, except for third - party claims against defendants other than their employers or co-workers.

Represented a trust and estate beneficiary in a lengthy trial asserting undue influence and related claims against the defendant.

In the event that you have two claims against a defendant, one being personal injury related and other not, you should be explicit in stating in the settlement how much of it relates to the personal injury claims and which the non-personal injury claim.

On rehearing en banc, the 4th Circuit says it has no jurisdiction to consider appeals by Iraqis who were detained and tortured at Abu Ghraib military prison and elsewhere and whose tort claims against defendant government contractors were partly dismissed...

The main consequence of any judgment (favourable or unfavourable) is that each class member will be bound by the judgment and can not advance an individual claim against the defendants on the same subject matter.

In light of the nature of asbestos litigation, which often involves a limited number of plaintiffs» law firms repeatedly asserting the same or similar claims against defendants, clients facing extensive asbestos litigation are positioned to benefit from Thompson Hine's SmartPaTH ®, a service delivery approach that leverages legal project management, process efficiency, flexible staffing and value - based pricing to better align our services with clients» needs.

Since the appellate court upheld the trial court's decision, the plaintiff will be able to have her day in court, and her claims against the defendant will proceed toward a possible settlement or trial.

The children claimed against the defendant for bereavement damages under s. 8 of the Fatal Accidents Act.

Having obtained permission (ex parte) to serve proceedings out of the jurisdiction, VTB sought permission to amend its particulars of claim to include a contractual claim against the defendants.

Plaintiff appealed an order which dismissed with prejudice all claims against defendants and an order which denied plaintiff's motion for reconsideration.

Subsection 21 (1) of the Limitations Act, 2002 does not bar the addition of the Estate because, where the defendants have not pleaded a limitations defence, the Estate's claim against the defendants has not expired.

Opt - out regimes are generally considered to be more plaintiff - friendly, in that they involve larger classes and thus larger potential claims against defendants.

SC11 - 468: Florida Attorney Suspended After Bringing Frivolous Claims against Defendant