Sentences with phrase «court action arising out of»

Banga: multi-party Commercial Court action arising out of alleged vapour phase contamination of gasoil cargo raising technical issues as to mechanism, seaworthiness and due diligence.

Not exact matches

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

Any legal action or dispute arising out of, relating to or concerning the Terms of Use and the Site shall be exclusively brought in the state or federal court of competent jurisdiction in the State of California, USA.

GENERAL PROVISIONS By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action.

As a condition of participating in this Giveaway, participant agrees that any and all disputes which can not be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in NJ having jurisdiction.

(a) If Goods or Services are primarily being provided in the United States or any other location outside of Canada, any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located within Erie County, New York, U.S.A. and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

If you have any dispute with or claim against us or any of our affiliates (a «Claim») arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (877) 4 - SHOWTIME -LRB-[phone]), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

By accepting points or rewards, or by accepting or using an RBC Bank credit card account, you agree to indemnify each of RBC Bank, Kobie Marketing, other program partners, and each of their respective officers, directors, employees, agents, affiliates and successors for any and all claims, damages, expenses, losses and causes of action (including attorney fees and court costs) incurred or suffered by any of the foregoing persons or entities and arising out of or relating to your breach of any provision of these Program rules, or any materials (regardless of form) that are provided by you.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Irvine and County of Orange although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

You agree that any and all disputes that can not be resolved with Scenic Hudson, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in New York State.

As a condition of participating in this Campaign, participant agrees that any and all disputes that can not be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction.

Gillette v. N. Dakota Disciplinary Bd., No. 09 - 1598, involved an action seeking declaratory and injunctive relief preventing an attorney disciplinary board from prosecuting a disciplinary action for alleged misconduct arising out of plaintiff's representation of Native American clients in tribal court litigation.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

Representing Sumner M. Redstone, Chairman Emeritus of Viacom and CBS, in shareholder derivative and class action matters in the Delaware Court of Chancery arising out of changes to Viacom's Board of Directors and bylaws.

* Study and explore the possibility of the development of a judicial protocol with the aim to: * Allow for communication among judges in overlapping class actions proceedings * Coordinate and harmonize activities in proposed overlapping class proceedings in order to maximize efficiency, reduce costs and avoid the duplication of effort; * Honour the independence and integrity of the superior courts while promoting inter-provincial cooperation and respect for comity; * Implement a framework of general principles to address basic administrative issues arising out of national and multijurisdictional class actions; and * Provide for nationally - accepted carriage motions.

His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrines.

Court, S.D.N.Y in the matter of Flushing Bank v. AGCS Marine Insurance Company, 16 - CV - 2638 (RJS) in breach of contract action arising out of a claim by a loss payee.

Aquatech sought a declaration from the Ontario Superior Court of Justice stating that two of its three insurers (Lombard and ACE INA) had a duty to defend the actions against it for damages arising out of the accident.

He published many articles both in technical law journals and also in the New York Review of Books, none more important than his critique in several articles in 1977 and 1978 of the supreme court's inconclusive decision of the Regents of the University of California v Bakke case, which arose out of widespread dissatisfaction with «affirmative action», or positive discrimination.

Sexton v Sumner Michigan Court of Appeals Docket No 204192 (August 24, 1999)(affirming trial court decision to grant summary disposition to client on legal malpractice action arising out of claim and delivery acCourt of Appeals Docket No 204192 (August 24, 1999)(affirming trial court decision to grant summary disposition to client on legal malpractice action arising out of claim and delivery accourt decision to grant summary disposition to client on legal malpractice action arising out of claim and delivery action)

Berman v Ribitwer Michigan Court of Appeals Docket No 246870 (August 17, 2004)(affirming trial court decision to grant summary disposition to client on legal malpractice action arising out of divorce acCourt of Appeals Docket No 246870 (August 17, 2004)(affirming trial court decision to grant summary disposition to client on legal malpractice action arising out of divorce accourt decision to grant summary disposition to client on legal malpractice action arising out of divorce action)

These judicial officers will serve as mediators / advisors to help in resolving conflicts between members of the Ontario Court of Justice that arise out of discriminatory actions or words.

Our Sydney partners have represented clients in some of Australia's largest and most complex corporate collapses, crises, disasters, and class actions, including HIH, World Trade Center litigation, Ensham Resources, Babcock & Brown liquidation proceedings, the James Hardie Royal Commission, a class action against the Bank of Queensland and currently running six class actions in the Supreme Court of NSW against vehicle manufacturers arising out of the Takata airbags recalls; as well as presently (as a matter of public record): Arup Pty Ltd, Aurizon, Forge Group, ICICI Bank, NuCoal Ltd, South32, Macquarie Bank, Deloitte, and Viva Energy (amongst others).

Advising on various follow - on damages actions in the English High Court and CAT arising out of the European Commission's cartel decision concerning animal feed phosphates

Hayward represents an important clarification of the circumstances in which the cause of action in deceit will lie, and it is obvious that that tort is, today, being invoked with some regularity in response to fraudulent personal injury claims (see, eg, Direct Line Group Plc v Akramzadeh (High Court, unreported, 15 June 2016) in which an insurer sued in deceit 29 persons who had fraudulently made claims arising out of motor vehicle accidents).

The Ontario Court of Appeal recently overturned an Order from the Ontario Superior Court of Justice finding that Intact Insurance Company had a duty to defend a defendant in an action arising out of a fatal trip and fall accident which occurred while the deceased was in the course of his employment.

2013)(successfully obtained published Eighth Circuit decision reversing district court's dismissal of two consumer class actions on the grounds that that consumers lack injury - in - fact for purposes of Article III standing to pursue a claim for statutory damages arising out of federal notice requirements)(briefed and argued)

Two new issues, related but readily distinguishable, have arisen in the past few months, about the residential school experience, neither of which were public knowledge at the time of the apology and certainly not at the times of the out - of - court settlement that was negotiated against a class action law suit brought against the Government and the churches.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

But where the court deems it just, damages awarded in an action under this section may be taken into account in assessing damages in any other proceeding arising out of the failure of the organization to protect personal information in its custody or under its control.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the province of Alberta any and all claims, judgments and awards shall be limited to actual out - of - pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys» fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out - of - pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User's use of the Web Site shall be either any state court for or within the State of New Jersey.

It is at the mutual agreement of both you and Drive Smart Driving School with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and / or disputes, arising out of or relating to the TOS, or the relationship between you and Drive Smart Driving School, shall be filed within the courts having jurisdiction within the County of Denton, Texas or the U.S. District Court located in said state.

The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts or tribunals at Bengaluru in Karnataka in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals.

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of the Services.

You agree that any action at law or in equity arising out of or relating to your use of this Website, including, but not limited to, your use of the products and services offered on this Website, shall be filed only in the state or federal courts located in the state of New Jersey.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Web Site, or the use of the Web Site, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, New York, U.S.A.

Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement must be brought exclusively in a court of competent jurisdiction sitting in Nashville, Tennessee, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement.

Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Nashville, Tennessee; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Web site, or the use of this Web site, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, U.S.A.

A noncustodial parent is not always left without a remedy, however, simply because courts in that parent's jurisdiction refuse to recognize tort actions arising out of interference with his or her parental rights.

Even if the two of you have talked about things and believe you have an agreement worked out with the bills and the children, it is not uncommon for misunderstandings to arise that lead to a court action being started.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Web site, or the use of this Web site, must be filed within one year after such claim or cause of action arose and must be filed in a court in Connecticut, and Rhode Island, U.S.A.

You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Riverside, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

DISPUTE RESOLUTION: By accessing the Site you agree that any claim or controversy arising out of or relating to the use of this Site shall be governed by the laws of the State of Washington, and that venue for any action arising from or related to the Site shall be solely in any court of competent jurisdiction in Seattle, King County, Washington, USA.