Sentences with phrase «action against the defendant for»

Additionally, Plaintiff brought a negligence action against the defendant for damages associated with the accident that he caused.

$ 85,000 Verdict in favor of steel fabricator Plaintiff in a breach of contract action against Defendant for failure to pay for steel used in the creation of a United Airlines Terminal vestibule at O'Hare Airport.

We hold that a person who sues on or settles a claim for a non-malignant asbestosis - related disease with one Defendant is not precluded from a subsequent action against another Defendant for a distinct malignant asbestos - related condition...»

The claimant started an action against the defendant for damages for those lost items.

Not exact matches

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

Jack, District Judge: Plaintiff, McIlhenny Company, a corporation of the State of Maine, which, with its predecessors, for many years past, has manufactured at Avery Island, Louisiana, a condiment known as «Tabasco Pepper Sauce,» brings this action against defendant Ed.

But since 2006, if a criminal action is commenced against a defendant for one of those worst child sexual abuse crimes, the victim has five years from the date the criminal action is ended to file a civil suit against only the abuser.

The suit by his lawyer, Chief Mike Ozekhome (SAN), showed Dokpesi also praying for a perpetual injunction restraining the defendants or their agents from further making any defamatory publications against him, and N50million as cost of the action.

Lawyers for Charlotte Osei also demanded the list of workers who were behind the petition «to enable us commence legal action against them for the defamatory statements contained in their petition failing which our client will be constrained to proceed against you alone as defendant in the suit our client intends to commence against them since you are to all intents and purposes, their agent.»

She said this was «to enable us commence legal action against them for the defamatory statements contained in their petition failing which our client will be constrained to proceed against you alone as defendant in the suit our client intends to commence against them since you are to all intents and purposes, their agent.»

In the suit by his lawyer Chief Mike Ozekhome (SAN), Dokpesi is also praying for a perpetual injunction restraining the defendants or their agents from further making any defamatory publications against him, and N50million as cost of the action.

Also, «for those defendants previously convicted and who have failed to satisfy the financial obligations imposed at sentencing, we will consider federal civil forfeiture actions against their pensions to satisfy criminal judgments,» the prosecutor said.

The class action seeks damages «for the purchase of e-books, an injunction against pricing e-books with the agency model and forfeiture of the illegal profits received by the defendants as a result of their anti-competitive conduct which could total tens of millions of dollars.»

I. AMENDED COMPLAINT This is an action for damages brought by individual consumers, against Defendant, H&P Capital, Inc., for Defendant's violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (hereafter -LSB-...]

(b) With respect to an action brought to enjoin violations of the chapter or fraudulent or unconscionable conduct, the administrator may apply to the court for appropriate temporary relief against a defendant, pending final determination of the proceedings.

The South Florida Lawyers blog reports that the auction rate securities action filed against Wachovia in federal court in Florida is, well, going poorly for the defendant at the moment.

The Gillette Company (Gillette) brought this action against four former employees (collectively, the «individual defendants») alleging that they misappropriated Gillette's trade secrets to develop a wet shaving razor for defendant ShaveLogic, LLC (ShaveLogic).

Acting for the defendants in respect of substantial and complex fraud claims arising out of a commercial transaction, which involved dealing with freezing injunctions obtained against the defendants and the co-ordination of actions in various jurisdictions.

In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuit.

Defeating conditional certification of a national FLSA collective action filed in the U.S. District Court for the Northern District of California alleging unpaid overtime for all nonexempt employees of a national furniture retailer and getting claims dismissed against the individual defendants;

The insurer denied coverage to Mr. Hoang, and the plaintiffs were forced to bring an action for coverage, under section 258 (1) of the Insurance Act directly against the defendant insurer to have the insurance money payable under Mr. Hoang's motor vehicle policy applied toward satisfaction of the judgment.

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

[1] The plaintiff, David Ellis, has brought an action against the defendant, Orlex Saul Fallios - Guthierrez, for battery, claiming that he suffered significant physical and emotional injuries.

January 29, 2003 835 So.2 d 1251 2003 Store patron had no claim for spoliation of evidence against department store that was also defendant in patron's underlying negligence action.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

The Court held that their cause of action against the defendant law firm, for allegedly providing negligent tax advice, arose when Canada Revenue disallowed their charitable tax credits, not when their litigation with Canada Revenue was settled.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

In California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurer.

The action languished for some time, in large part because the plaintiffs» solicitor had difficulty in resolving how to deal with the claim against the second defendant.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pAgainst Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

[5] Conversely, a delay of approximately 7.5 years was held not to be inordinate in the context of an action against a number of defendants for breach of fiduciary obligations.

[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant seeking damages in the amount of $ 14,933.22 for breach of contract.

He acts for both claimants and defendants, with recent experience handling actions against financial advisers and solicitor firms.

The settlement brings to a close the consolidated class action lawsuit brought in 2010 by multiple retirement funds against Countrywide and other defendants for securities violations involving the packaging and sale of MBS.

This was an action of trespass, brought in the Court below, by the plaintiff in error, against the defendant in error, for an assault and battery, and false imprisonment, to which the defendant pleaded the general issue, and a special plea of justification.

Eight of the named defendants brought a motion for a summary judgment to have the claims dismissed by reason of there being no cause of action against them.

Typically, such benefits are less than the amount that an employee might have received in a negligence lawsuit against a non-employer defendant for the same injury, but the trade - off is that workers» compensation cases are less likely to be contested and protracted than negligence actions — at least in theory.

The limitation for this cause of action will not begin to run against the infant plaintiff until he reaches the age of majority on February 2, 2012 and it seems to be the defendant is no more prejudiced by a stay of proceedings then he would be had the plaintiff waited until then to commence this action.

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

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

In 2008, another federal court harshly dismissed his claims for violations of the Fair Credit Reporting Act against two other creditors, noting that Flury had «filed eleven lawsuits against various defendants over the last four years, and with the exception of one case that ended in a default judgment, plaintiff has voluntarily dismissed every action once the defendant moved to dismiss the case or otherwise responded to the complaint.»

Won summary judgment for defendant in a $ 40 million fraud, trade secret, and trademark action against a leading water product manufacturer.

24.04 (1) Unless the court orders otherwise, where an action against a defendant who has crossclaimed or made a third party claim is dismissed for delay, the crossclaim or third party claim shall be deemed to be dismissed.

D's core argument was that he had discovered his claim against the proposed defendants before January 1, 2004 and, therefore, the limitation period for the action against them was 6 years from the time he turned 18.

In the action he claims damages against the prosecution and police defendants for conduct arising out of his arrest, trial

«Claimants may now be able to bring actions in the UK against UK resident defendants for infringement of their rights in multiple jurisdictions.»

The plaintiff, Keith Cordeiro («Plaintiff») brought an action against his former employer, the defendant, Pinnacle Caterers Ltd. («Defendant») for wrongful ddefendant, Pinnacle Caterers Ltd. («Defendant») for wrongful dDefendant») for wrongful dismissal.

Another reason that victims of alcohol or drug related accidents should seek competent legal counsel and file a civil action against the defendant instead of hoping for criminal restitution is that the standard of proof required to win an Indiana personal injury lawsuit is less than what a prosecutor must prove to convict a defendant on criminal charges.

The defendants brought a motion for summary judgement to have the claims dismissed as against the directors and the holding companies on the basis that they were not employers of the plaintiff and therefore have no place in the action for wrongful dismissal.