Sentences with phrase «plaintiff alleged damages»

After a six - week trial during the summer of 2013 where the Plaintiff alleged damages of over $ 2 billion, the jury unanimously found no liability against Toshiba.

Not exact matches

As a result of the fraudulent conduct alleged herein, Plaintiff and other members of the Class purchased Longfin common stock at artificially inflated prices and suffered significant losses and damages once the truth emerged

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

«Plaintiffs don't allege that PFOA caused any physical or structural damage to their wells, pipes, taps or showerheads and because they failed to plead any physical injury to their property, they can not state a claim under New York law,» Elissa J. Preheim, an attorney for Honeywell, said in the recent hearing.

The plaintiffs assert claims for nuisance, and allege that the defendants have acted in concert and are jointly and severally liable for the plaintiffs» damages.

«But damages can be awarded only for harm «actually incurred,» and Plaintiffs allege at most speculative future harms that may never eventuate... Plaintiffs» requested damages award would also violate Defendants» constitutional due process rights by imposing massive retroactive liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as for protected First Amendment activities.»

It alleges that defendants» actions and inactions — whether or not they violate any specific statutory duty — have so profoundly damaged our home planet that they threaten plaintiffs» fundamental constitutional rights to life and liberty.

In order to establish liability for the alleged damages, the Plaintiff must prove, on the balance of probabilities, that either:

After receiving the defendants» productions, the plaintiffs» allegedly discovered that their signatures were forged on a number of leasing documents, and commenced a fresh action claiming damages arising from the alleged fraud.

Negligence is generally proven by demonstrating that the defendant was in a position where he or she owed the plaintiff a duty and caused the damages alleged by violating that duty.

If a plaintiff can prove that a defendant negligently caused the injuries alleged, the plaintiff is permitted to collect compensation for medical bills, funeral costs, lost wages, loss of companionship, property damage, pain and suffering, and other possible damages.

Furthermore, even if the Court was wrong about the negligence issue, the plaintiff in the negligence action failed to demonstrate that there was a genuine issue for trial on the issue of damages caused by the firm's alleged negligence.

Interestingly, the employer failed to defend the lawsuit and was noted in default, resulting in the Superior Court presuming the facts as alleged by the Plaintiff to be true for the purposes of assessing the damages owed to her.

In Hughes v. Liquor Control Board of Ontario, the plaintiffs, a restaurant called The Poacher and its owner, had commenced a $ 1.4 billion damages action alleging, among other things, that the defendants divided the market for beer contrary to s. 45 (1)(b) of the Competition Act.

Waiver of tort refers to a plaintiff's election at a common issues trial to have recovery quantified not by provable tort damages but rather by the defendant's gain arising from the alleged tortious act.

The plaintiff who alleges that she would have acted differently had she received appropriate advice must show on a balance of probabilities that if properly advised she would have proceeded in a manner that avoided the damages suffered.

The firm represented plaintiff Spartek Systems in a six - week trial involving issues of misappropriation of corporate opportunity and alleged damages of more than $ 3 million.

If the first lawyer's negligence had caused loss to the plaintiff, Power, J. would have reduced the plaintiff's damages by 50 per cent to account for her contributory negligence in failing to disclose her alleged illiteracy and lack of understanding of the documents she signed.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

Plaintiffs alleged that Con Edison's negligence was the cause of this tragic explosion and sought significant money damages.

How to Allege Punitive Damages and the Court's Ruling Punitive damages are allowed in New Mexico accident cases as a way for the jury to punish a defendant for conduct that is so excessive or abhorrent that it must be condemned above and beyond what is required to compensate the plaintiffs for their inDamages and the Court's Ruling Punitive damages are allowed in New Mexico accident cases as a way for the jury to punish a defendant for conduct that is so excessive or abhorrent that it must be condemned above and beyond what is required to compensate the plaintiffs for their indamages are allowed in New Mexico accident cases as a way for the jury to punish a defendant for conduct that is so excessive or abhorrent that it must be condemned above and beyond what is required to compensate the plaintiffs for their injuries.

On August 27, 2015, the Ohio Supreme Court resolved one aspect of this issue under Ohio law by holding in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015 - Ohio - 3430, that plaintiffs alleging violations of the Ohio Consumer Sales Practices Act (CSPA) must show that all members of a putative class suffered injury or «damage in fact» as a result of the challenged conduct.

In this case, the Court found that the plaintiffs did not allege anything needed to seek punitive damages until they prepared the final pretrial order.

In order for a jury to award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.

Defending the owner of a coal tar refinery in a lawsuit brought by over 1200 individual plaintiffs alleging property damage and personal injury from facility air emissions.

The plaintiff sued both Davis Systems and Crystal Clean for damages resulting from Crystal Clean's alleged negligence.

The third party claim had alleged that the plaintiff's lawyer had given the plaintiff bad advice on the mitigation of her damages.

The Plaintiff alleges he incurred damages as a result of the loss of employment and his treatment at the shelter.

That is the plaintiff alleges the defendant owed them a duty of care, failed in that duty and damage resulted.

The plaintiff was awarded $ 50,000 in punitive damages in the 2016 decision Morison v Ergo - Industrial Seating Systems Inc. 2 The employer had alleged cause when there was no reasonable basis.

In October 2017, Weil succeeded in excluding significant portions of plaintiffs» expert's testimony, reducing potential alleged single damages of $ 226 million by more than $ 90 million.

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

In one instance, he successfully litigated a claim on behalf of a theme park where the plaintiff alleged serious brain damage and lifetime disability following a nighttime altercation in a parking lot at park closing.

Based on the alleged negligence of the nursing home operators, the plaintiff filed a wrongful death lawsuit seeking damages from the defendant.

3) The plaintiff who alleges that she would have acted differently had she received appropriate advice must show, on a balance of probabilities, that if properly advised she would have proceeded in a manner that avoided the damages suffered.

According to the plaintiff's complaint, the defendant should be held accountable for the damages because the dredge pipe was placed in the lake in alleged violation of a state regulation that stated such equipment should not be placed in a manner that creates a danger to other users of the lake.

Defended a mass tort claim filed in California state court involving more than 3800 plaintiffs alleging personal injury and property damage for releases of solvents and metals from an aircraft manufacturing facility; and

To obtain the order, a plaintiff must show the Court that it has the makings of a strong case, that the damage to the plaintiff of the defendant's alleged misconduct is very serious, that there is convincing evidence that the defendant has in its possession incriminating documents or items, and that there is a real possibility that the defendant may destroy such material before discovery.

Finally, given the lower court found no damages were awardable to plaintiff (affirmed in a companion appeal), he could not be considered the prevailing party under CLRA, not to mention that his gripe was fixed by the alleged offending party.

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

When the plaintiff was still a minor, a personal injury lawsuit was filed on his behalf against the defendant, alleging that the fuel leak was the proximate cause of his disabilities and seeking damages.

Series of decisions regarding expropriation of property by defendant, a.k.a. TransLink including, for example, 2010 BCCA 284 which confirmed a plaintiff can allege and seek damages for bad faith or of excessive expropriation against an expropriating authority

In a pharmacy misfill case, the plaintiff claimed damages from an alleged misfill, which involved the administration of anti-psychotic, instead of allergy, medication.

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $ 10,000 punitive damage award tacked onto the $ 1.2 million in compensatory damages.

Plaintiff alleges she suffered serious and permanent injury as a result of her fall, and is seeking damages in excess of $ 15,000.

We obtained a new trial on liability and JMOL on punitive damages following a $ 17 million verdict based on alleged defects in a seatbelt buckle that resulted in the plaintiff's paralyzation.

Plaintiffs sought damages from our client for alleged misstatements made to the FDA in seeking its approval of a medical device.

It was further alleged the Plaintiffs had exaggerated the nature, extent, and effects of their various injuries in order to maximise the value of their damages awards.

To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $ 2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $ 2,000,000 at stake.