Sentences with phrase «misrepresentation negligent misrepresentation»

Not exact matches

In addition, Mr. Morley filed a subsequent lawsuit containing allegations that the formation of Square and the development of our card reader and decoding technologies constituted, among other things, breach of an alleged oral joint venture, fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and misappropriation of trade secrets, as well as other related claims.

@tf — I know better than to expect you to understand the relevant science here, but Strobel was at the very least, negligent in publishing such a misrepresentation.

A jury will also decide whether Manning and Steiner are liable of «negligent misrepresentation.»

Specifically, he asserted the following causes of action: «(1) counts one and two - fraudulent concealment and fraud; (2) count three - civil conspiracy; (3) counts four and five - negligence; (4) count six - negligent misrepresentation; (5) counts seven and eight - negligent hiring and retention; and (6) count nine - wrongful death and survival.

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

In response, the foundation is cross-suing Weissman for $ 9 million - plus for «negligent misrepresentation» for allegedly lying about the painting's provenance in a bid to get it authenticated.

While the companies were still operating, they took funds from investors who subsequently alleged that they made their investments based on negligent or fraudulent misrepresentations.

[2] Slatter J.A. reviews in detail the negligent misrepresentations found by the trial judge, and concludes that the record supports only the misrepresentation concerning the involvement of a mining engineer.

The Court rejected Plaintiff's claim for negligent misrepresentation.

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

What happened here is that plaintiffs won a total of $ 588,000 on intentional and negligent misrepresentation claims and then also obtained fee awards of about $ 270,000 against a couple of the tortfeasors.

The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents» or broker's misrepresentations.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

1 Apr. 21, 2016)(unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage that foul odors in the house were attributable to «sea air,» when instead they emanated from a post-sale discovery of a buried oil and septic tank on the property.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

Those claims could be based on negligent mis - statement, misrepresentation, breach of contract or the tort of deceit.

The applicants also seek a declaration that a promise made in writing by Mr. McGuinty on September 11, 2003, is a contract with the CTF and that Mr. McGuinty is in breach of this contract or, in the alternative, that this promise was a negligent misrepresentation.

1 To the extent that you are not a public figure and this is not a matter of public concern, even a negligent misrepresentation about what you actually wrote on Facebook, that is not a statement of opinion and is not accompanied by a reference allowing someone to confirm the accuracy of the statement at the source, could give rise to legal liability on the part of the person giving the tip.

[5] At the certification motion, the Defendant conceded that the Plaintiff's negligent misrepresentation claim «pass [ed] over the cause of action and identifiable class criteria» and accepted that there were some common issues for this claim that could be certified (Motion judge's reasons, para. 15).

Arguably, if the sites provided the information without making clear that it might not be current because records were expunged or corrected, there might be a claim for negligent misrepresentation, false light, or even defamation, but I seriously doubt that even those claims would hold up.

Now, as this article, My Space Hit With Online Predator Suits (SFGate.com 1/18/07), four families have sued MySpace, alleging negligence in monitoring the site and negligent misrepresentation about security.

Abbott and Haliburton Co. Ltd. et al. v. WBLI Chartered Accountants 2015 SCC 23 Evidence — Practice Summary: The plaintiffs sued for negligent misrepresentation alleging that the audited financial statements of AWARD Wholesale and Retail Distributors Ltd. were prepared negligently by the defendants, contained incorrect and misleading information, were not performed in accordance with General Assurance and Auditing Standards, and contained material deviations from Generally Accepted Accounting Principles.

Represented company and executives in fraud, negligent misrepresentation, and wrongful termination matters brought by former CEO with regard to former CEO's employment contract and entitlement to company stock.

Mediated dispute between author and media company giving rise to claims to breach of contract, promissory estoppel, fraudulent inducement and negligent misrepresentation

Successfully moved to dismiss large portions of the insured's complaint alleging fraud & misrepresentation, negligent misrepresentation, bad faith, and a statutory violation of New York General Business Law § 349.

In the unusual bonus claim case of Herbert v JP Morgan (2012), he successfully defended the investment bank against a High Court, Queen's Bench Division claim by an banker for a bonus based on an alleged negligent misrepresentation during the recruitment process.

The plaintiffs are suing for fraud, negligent misrepresentation, breach of warranty and false advertising, and are represented by these guys.

Trial Victory by Joe Garin and Angela Ochoa Insurance Broker client was sued for intentional and negligent misrepresentation.

Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from negligent misrepresentation and design defects, to breach of implied warranty.

In addition to the MCPA, a plaintiff may choose to sue a dealer under theories of breach of contract, breach of warranty, or fraudulent or negligent misrepresentation.

Private Lending's claim for negligent misrepresentation lacks the reliance required for such an action.

Trial Victory by Joe Garin and Steve Keim Real Estate Broker client was sued for 1) Breach of Contract, 2) Breach of Fiduciary Duties, 3) Violation of the Securities Act, and 4) intentional and negligent misrepresentation.

Damages, Negligent misrepresentation.

Claims involving misrepresentation and negligent misstatement in the purchase of property and the failure to complete.

Negligent misrepresentation.

We routinely represent religious clients in matters involving: the First Amendment, ownership and use of church property, detinue, conversion, fraud and misrepresentation, sexual misconduct, negligence, negligent hiring, negligent retention, negligent supervision, intentional and negligent emotional distress, employment based discrimination and harassment and breach of contract.

During the 6 day trial, the Court dismissed the intentional misrepresentation claim and the jury considered the negligent misrepresentation claim.

and negligent misrepresentation claims.

Company counterclaimed, alleging breach of contract and negligent misrepresentation against our client.

He sued Atkins Nutritionals, claiming that information on the Atkins Web site constituted negligent misrepresentation.

Misrepresentation may be innocent if a person thinks he is telling the truth; it is termed negligent misrepresentation if someone fails to fiMisrepresentation may be innocent if a person thinks he is telling the truth; it is termed negligent misrepresentation if someone fails to fimisrepresentation if someone fails to find out the truth.

Former partners of collapsed law firm Cobbetts are facing a multimillion pound claim from a former client, who alleges the firm was professionally negligent and engaged in misrepresentation.

'' [T] he content that Gorran alleged was negligent misrepresentations was merely general advice pertaining to the diet.

In the recent decision of Fantl v Transamerica Life Canada («Fantl»)[1], the Ontario Court of Appeal unanimously dismissed the appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual issues.

Normally, a lawsuit will involve fraudulent or negligent misrepresentation where the seller knew of an issue but deliberately hid it from the buyer or failed to disclose it when they should have.

Successfully opposed attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation, and breach of contract.

When sophisticated investors carefully document their relationship, it's unusual to see a claim for negligent misrepresentation.