Sentences with phrase «action alleging failure»

Coordinated the internal investigation and led the response on several fronts, including crisis management, notification of affected patients, resolution of patient complaints, regulatory investigations and defense in a class action alleging failure to safeguard confidential personal information and notify class members of the incident in a timely manner.

2011)-- This appeal also arose out of a putative class action alleging a failure to pay general contractor overhead and profit as a part of the settlement of property insurance claims.

Not exact matches

The proposed class - action suit alleges a racist culture at Tesla, unsafe factory conditions, and failure on the part of the company, including CEO Elon Musk personally, to prevent or investigate race - based harassment and discrimination there.

Lighthizer also suggested that the U.S. may take action against the World Trade Organization for its alleged failures on promoting a fairer trade landscape.

New York City lawyers said the city had settled a lawsuit by two women claiming they were raped by a guard at Rikers Island, and as a result, a bid for a class action alleging systemic failure to protect female prisoners will be dropped.

We shall have no liability for and you agree to reimburse, indemnify and hold us, our affiliates and our and their partners, directors, officers and employees and any person controlled by or controlling us harmless from all Losses that result from: (a) your or your agent's misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) Capital One Investing following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or custodian, (d) the failure by any person not controlled by Capital One Investing to perform any obligations to you, and (e) your failure to provide accurate information on your Account Application or to update that information.

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.

The law firm was not paid, and when it sued for payment, the lawyer counterclaimed, alleging negligent defence of the action, and failure to advise the lawyer to sue LAWPRO (2017 ONSC 1917).

In this case, a state prisoner brought a civil rights action against state and prison officials and prison healthcare providers, alleging that their alleged failure to provide adequate medical treatment for his disease constituted cruel and unusual punishment in violation of the Eighth Amendment.

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.

The first step to recouping compensation from a careless truck driver or trucking company is to file a negligence action alleging that the driver or trucking company failed to use due care and that this failure was the direct cause of the injuries sustained.

The class action alleges that on January 12th, 2017, the US Environmental Protection Agency (EPA) issued a notice of violation to Fiat Chrysler Automobiles N.V. (FCA NV) and to FCA US LLC (FCA) for alleged violations of law resulting from the installation and failure to disclose engine management software that resulted in increased emissions of nitrogen oxide from the vehicles.

The class action brought against FCA NV, FCA and FCA Canada Inc. (FCA Canada) alleges that Canadian purchasers of the Vehicles were deceived by the defendants» failure to disclose the presence of this software, resulting in losses and damage to members of the class.

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.

Defended a domestic automobile manufacturer in dozens of actions in Ohio against personal injury and fire damage claims involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel - off, transmission explosion, car jack collapse, wiring failures, and other alleged design, manufacturing, and warning defects.

Secured dismissal of action alleging fraud, conversion, unjust enrichment, and accounting in the U.S. District Court of the Central District of California on a Motion to Dismiss for Lack of Standing and Failure to Join Indispensable Party;

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;

The Court held that it need not find a «special relationship» between Crane Co. and Ms. Jones to impose a duty because the plaintiffs allegations were based upon Crane Co.'s own alleged misfeasance in utilizing asbestos - containing products and not on an alleged failure of Crane Co. to protect against the actions of a third - party tortfeasor.

The Peterborough franchisees eventually commenced an action against the franchisor for its alleged failure to support the system.

In the decision of 1201059 Ontario Inc. v. Pizza Pizza Limited, 2015 ONSC 1208, dated February 26, 2015, a three - judge panel of the Divisional Court (an appellate branch of the Ontario Superior Court of Justice that is higher than a trial level but lower than the Court of Appeal), upheld the trial judge's dismissal of the franchisee's action for damages based on an alleged failure to provide disclosure at the time of the franchise renewal.

It provides that the «record of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence of the alleged conduct in a civil action.

Recent instructions include: • Acting as Junior Counsel to Roddy Dunlop QC in a seven figure claim relating to failure by solicitors to obtain a standard security in relation to loan funds advanced by a commercial lender • Acting as Junior Counsel to Alistair Clark QC (as he then was) on behalf of the pursuers, a major commercial lender, in pursuing seven figure negligence claims against solicitors and surveyors relating to their advance of loan funds for the purchase of commercial property • Acting as Junior Counsel to Heriot Currie QC for one of the defenders (a firm of architects) in a seven figure multi-party claim relating to construction and design defects at a major shopping centre • Acting as Junior Counsel to Alastair Duncan QC for one of the defenders in a claim against both solicitors and counsel relating to alleged negligence by family lawyers relating to the preparation of a settlement agreement • Acting as sole counsel for the pursuer in a claim against solicitors for allowing the time bar of her clinical negligence action against a health board

Our team is experienced in underground storage tank regulation and litigation of actions brought pursuant to California Proposition 65, the Federal Clean Water Act and various state environmental laws and tort doctrines, including actions alleging contamination, product defect and failure to warn regarding methyl tertiary butyl ether («MTBE»).

He has litigated a broad range of issues, including Federal preemption; electrocution injuries; failure to warn and design defect; the admissibility of economic testimony; price - fixing and essential facilities; groundwater contamination; primary and exclusive administrative jurisdiction; alleged asbestos exposure; the extraterritorial application of Federal and state law, and the certification and decertification of consumer class actions.

In an action alleging delay in diagnosis and treatment, such as this one, the plaintiff must establish on a balance of probabilities that the failure to diagnose the anastomotic leak in a timely fashion was a necessary cause of the unfavourable outcome for Jordan.

Maryland customer Lauren Price filed a potential class action suit against Facebook and Cambridge Analytica in U.S. District Court in Northern California, which alleges that the failure to safeguard her private data and failure to disclose constitute negligence and violation of California's unfair competition law.

Each of these suits involves a complex web of legal issues and accusations — one involving an alleged failure to follow adverse action notification... Read more»

Each of these suits involves a complex web of legal issues and accusations — one involving an alleged failure to follow adverse action notification protocol that resulted in an expunged criminal record being used against a prospective employee; another revolves around the alleged misuse of background screening disclosure and authorization forms and reporting of background information that is not legal for a background check company to report (resulting in adverse action against a hopeful applicant); and the third was news of a $ 18.6 M settlement over the use of unverified criminal database research.

The court ruled that the Broker's confidentiality policy was contrary to the purpose of the property disclosure law and that the Buyer had sufficiently alleged a cause of action against the Broker for its failure to disclose the information from the earlier transaction.

Co., 2006]-RRB-- County Court affirm dismissal of small claim alleging failure to disclose defective conditions on real property in «as is» transaction, ruling that there is no cause of action under RPL 465 (2) and plaintiff failed to prove a cause of action under the common law.

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

The court ruled that the Broker's apparent failure to familiarize his salespeople with the requirements of the Act reinforced the court's ruling that the Broker could be personally liable for the alleged discriminatory actions of Crank.