The action alleges breaches of Canadian consumer protection legislation, negligence, and breach of warranty.
Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in
an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.
Obtained dismissal of former employee in
action alleging breach of non-compete agreements, breach of confidentiality agreements, and tortious interference with business and employment relationships.
Secured dismissal of
action alleging breaches of fiduciary duties, conversion, fraud, tortious interference with expectancy, accounting, breach of contract, money had and received, and conspiracy in the U.S. District Court for the Central District of California on a Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim;
Defended a bank: shareholder derivative
action alleged breach of fiduciary duty to a subsidiary by stopping an IPO and accelerating loan repayment.
This action alleges breach of contract and actions contrary to the Competition Act.
Not exact matches
In 2015, Facebook faced a class -
action lawsuit in Vienna over
alleged breaches of EU privacy law.
In a joint statement from the litigator and law firm, they said this morning the class
action would
allege that Treasury Wine Estates misled the market and
breached its continuous disclosure obligations in relation to the financial impact of over-stocked US distributors.
UK - based breast milk advocacy movement Baby Milk
Action (BMA) also
alleges that Nestlé's Nan 1 infant formula
breached the Indian Infant Milk Substitutes Act that outlaws «pictures or other graphic material or phrases designed to increase the saleability of infant milk substitutes or infant food».
«It is important to state here that there has never been a time when Modakeke engaged in any
action capable of
breaching the 1999 Peace Agreement as
alleged by the groups.
July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a proposed settlement agreement resolving the class
action lawsuits that were filed beginning July 2015 following a data
breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits,
alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.
You further agree that if any third party brings or threatens any
action against us as a result of any
alleged act by you in relation to your use of the Services which, if proved, would be unlawful or in
breach of these terms, you will indemnify us against our own legal costs in defending such
action or threat whether or not the
alleged act is proved and whether or not our defense is successful.
Posted by Victoria Strauss for Writer BewareIn April, the law firm of Giskan Solotaroff Anderson & Stewart filed a class
action lawsuit against Author Solutions Inc. and its parent, Penguin Group, on behalf of three plaintiffs,
alleging breach of c... -LSB-...]
The complaint notes that this
action is similar, but narrower in scope, to 18 separate lawsuits pending in federal district courts around the country which
allege a university defendant
breached its Employee Retirement Income Security Act (ERISA) fiduciary duties by allowing TIAA to collect excessive fees from the university's retirement plan.
The class -
action lawsuit, Wildman et al v. American Century Services, LLC et al,
alleges breach of fiduciary duty under the Employee Retirement Income security Act of 1974 for excessive investment management and record - keeping fees, imprudent fund selection and for self - dealing by American Century, which plaintiffs contend filled the retirement plan with proprietary investment options for its own benefit.
On August 25, 2009, The Pennsylvania Funds filed a class
action lawsuit in the Superior Court of the State of California, County of Alameda, purportedly on behalf of the stockholders of Avigen, Inc., against Avigen and its directors,
alleging that Avigen's directors
breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc..
Indemnity You shall indemnify and keep Bark Busters indemnified against all
actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Bark Busters whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any
breach or
alleged breach by you of any of these Terms of Use.
EA is to face a class
action lawsuit apparently, after plaintiffs have emerged who
allege that SecuROM
breaches consumer law.
He successfully argued an appeal at the 10th Circuit that affirmed the dismissal by the U.S. Court of the Northern District of Oklahoma of a putative class
action against Goodman Manufacturing
alleging that Goodman
breached its warranty on 800,000 air conditioning units due to an unmanifested defect.
Defended a major financial institution in residential mortgage backed securities - related class
action litigation
alleging breach of contract and other claims arising from the institution's role as an indenture trustee.
John has counseled clients in
actions based on violation of state and federal securities laws relating to the sale of unregistered securities and fraudulent investment schemes, and in employment controversies that focus on non-solicitation agreements and
alleged breach of fiduciary duty.
Defending technology company and its board of directors in multimillion dollar PA state court
action brought by founder / consultant / shareholder
alleging claims for
breach of fiduciary duty,
breach of contract, and rescission; prosecuting
action in NJ federal court on behalf of executive terminated in
breach of his employment agreement; defending companies and their majority owners in numerous state court
actions throughout NY and NJ
alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.
The employees» class
action claims against IQT and the other defendant
alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing
breach of contract, and
breach of fiduciary duty.
Using a cost - effective approach to employment litigation, Taft's attorneys have defended individual and class
action lawsuits involving claims
alleging race, gender, age, disability, and religious discrimination and harassment; retaliation; Family and Medical Leave Act violations; ERISA violations;
breach of contract; torts; whistleblower claims; and various other employment - related causes of
action.
Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as
alleged breaches in civil
actions and in ethics proceedings before state regulatory agencies
Successful defense of over $ 40 million in claims for
breach of an
alleged partnership agreement, fraud and
breach of fiduciary duty against a large Southern California homebuilder in a multi-state litigation, including a six week jury trial, two state court appeals, a Ninth Circuit appeal, an Idaho state court
action and appeal to the Idaho Supreme Court.
The decision in Lam v. University of British Columbia is the latest legal chapter in a long - running class
action against the university,
alleging negligence and
breach of contract over a malfunction at a freezer in its andrology laboratory.
North Shore Ventures Ltd v Anstead Holdings Inc and Ors [2010] EWHC 1485 (Ch); [2011] EWCA Civ 230; and [2012] EWCA Civ 11: Acting for high net worth Russian individuals in the High Court and Court of Appeal defending a multi-party
action valued at $ 55 million in respect of the
alleged breaches of a loan agreement, allegations of fraud, enforcement of personal guarantees, freezing injunctions and the disclosure of trust documents.
Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale
action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including
alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own liability for
breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.
Represented gas retailers against an oil & gas company in a
breach of contract
action alleging and proving that the company did not set the price it charged the gas retailers for gasoline in accordance with their contracts.
We have litigated claims of
alleged improper acts, omissions,
breach of fiduciary duty,
breach of conduct, fraud and derivative
actions.
In a ruling yesterday, the court struck an oppression claim after finding the
alleged breaches affect all shareholders of a publicly traded company and must proceed by way of a derivative
action.
The three cases involve five different
alleged wrongs, raising possible causes of
action for economic loss: inducing
breach of contract (Mainstream), causing loss by unlawful means (Zeta - Jones) interference with contractual relations (OBG);
breach of confidence (Zeta - Jones) and conversion (OBG).
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.
Edison Subs, LLC — a transferee of a Edison, New Jersey Subway restaurant — brought an
action in New Jersey state court against the franchisor (Doctor's Associates, Inc.), the former franchisee (Aliya Patel), and the franchisor's affiliate (Subway Real Estate Corp.),
alleging breach of contract, fraud, violations of the New Jersey Consumer Fraud Act, negligent misrepresentation, and violation of the covenant of good faith and fair dealing.
[W] e wish to make clear that abolition of the
actions for alienation of affections and criminal conversation does not preclude a person from maintaining a traditional
breach of contract
action merely because the
breach arose from an improper liaison with the plaintiff's spouse or because the effect of the
alleged breach or tortious conduct was a disruption or breakup of his or her marriage....
Portland, OR: Uber is facing a data
breach class
action lawsuit filed by a resident of Portland who
alleges the ride share company was negligent in its safeguarding of customer data, resulting in a data
breach in October 2016, in which hackers accessed and stole data from 57 million Uber customers and drivers.
In Spina v. Shoppers Drug Mart, the firm represents the interests of the owners of Shoppers Drug Mart franchises in an
action alleging that Shoppers Drug Mart has
breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise system.
In BLH v. SCDSS issued today, the Court of Appeals overturned a trial court order granting class certification in an
action stemming from
alleged breaches of adoption assistance subsidy agreements.
In Allen v. Aspen Group Resources Corporation, Strathy J. refused to summarily dismiss a class
action against a law firm, and held that the law firm may be vicariously liable under the Partnership Act for
alleged breaches of s. 131 of the Securities Act by one of its partners in his capacity as a corporate director.
He has litigated a wide variety of disputes, including consumer class
actions (including
alleged violations of California's Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act), trade secret misappropriation and employee mobility disputes,
breach of contract, fraud, and product liability cases, and earn out, working capital, indemnification and other post-closing M&A disputes.
In a fairly recent decision, the Ontario Superior Court of Justice found in favour of the defendants on summary judgement, dismissing an
action by the plaintiff - employer for
alleged breach of a non-competition clause.
Defending outside directors of a closely held corporation in an
action for
alleged breaches of fiduciary duty and oppression of minority shareholders (Alabama).
On November 26, 2012, Blackwood filed a statement of claim against Brook
alleging breach of contract and asserting it brought the
action «to enforce the lien as provided in the Mechanics» Lien Act».
(3) In a motion or proceeding for an injunction to restrain a person from an act in connection with a labour dispute, the court must be satisfied that reasonable efforts to obtain police assistance, protection and
action to prevent or remove any
alleged danger of damage to property, injury to persons, obstruction of or interference with lawful entry or exit from the premises in question or
breach of the peace have been unsuccessful.
Our attorneys have litigated on behalf of defendants and plaintiffs in a wide variety of entertainment matters, including disputes
alleging copyright, trademark, and trade dress infringement; right of publicity violations; idea theft;
breaches of licensing and distribution, participation, film financing, and executive employment agreements; trade secret violations; and a variety of fraud, interference, personal injury, and other tort
actions.
Lead counsel for HMO in class
action by Texas doctors against HMOs for
alleged fraud,
breach of contract, and Lanham Act violations
The private right of
action under CASL is a statutory cause of
action under which persons who
allege that they are affected by a CASL
breach can apply to court for an order against the
alleged violator.
He also regularly defends insurance and finance companies in claims by consumers and individuals
alleging fraud,
breach of contract, or inadequate performance of the insurance policy or financial product, including both individual and class
actions.
CASL creates a statutory cause of
action under which persons who
allege that they are affected by a CASL
breach can apply to court for an order against the
alleged violator.