Sentences with phrase «action claims asserting»

Handled class action claims asserting age discrimination in employment as litigator and mediator

Not exact matches

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

«It is hereby stipulated and agreed, by and among Benchmark, Kalanick and Uber, through their undersigned counsel,» wrote Delaware Court of Chancery Judge Sam Glasscock III in his order, «that this Action and the claims asserted therein are dismissed with prejudice, and that each party shall bear its or his own costs, fees and expenses.»

In any case Jesus has not heretofore sought or demanded a decision in the capital, nor asserted the ancient hopes and claims in the way he does now with his entry into the city and his action in the Temple.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST PreFlight OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE.

BY ACCESSING CRYTEK SERVICES THROUGH XBOX LIVE © YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING CRYTEK SERVICES THROUGH THE XBOX LIVE © SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT OF SUCH DAMAGES OR YOUR USE OF CRYTEK SERVICES.

By asserting that the ICO statements support your definitive claim that there were «illegal actions» and «the fact that UEA broke the law is not in doubt», you are misrepresenting the ICO position.

The scientists sent their letter, dated October 29, in response to a letter the Senators received from the American Association for the Advancement of Science claiming a «consensus» of the scientific community on climate change and asserting that «immediate and drastic action is needed to avert a climactic catastrophe.»

When wrongful deaths occur due to personal injury, or derivative actions, they may be held to the statute of limitations because no personal injury claim was asserted within an appropriate period of time.

In asserting a claim of self - defense you are essentially admitting to the charges against you, but offering a legal justification for your actions.

If an employer suddenly terminates an employee because he asserts his civil rights, the employee might have a claim of retaliation against his employer, based on the timing of the employer's actions.

... Plaintiffs assert claims with no private right of action.

Lesotho asserted that the investors could have pursued either a tortious claim for pure economic loss (known as an «Aquilian» action) or a public law claim, but had not done so.

Obtained summary judgment in favor of a savings and loan in an action brought by former borrowers who asserted a series of lender liability and fraud claims.

Representation of construction manager in the defense of multimillion - dollar construction defect action filed by a condominium association asserting nearly 100 building code defects that were claimed to be the result of defective construction.

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 purpose.

In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and...

Represented Core Wireless in patent infringement actions against LG and obtained favorable verdicts as to all asserted claims and full damages sought.

Furthermore, Ryans expressly states that the CBA is not the source of any claim asserted herein and expressly disclaims any potential remedy or cause of action that could be brought under the CBA for the injury and / or occurrence in question.»

Our experience has shown that these construction, utility line and fire cases expand beyond a plaintiff asserting a tort cause of action, to include claims among the defendants for breach of contract and indemnification.

Two days after filing its motion to vacate the First Award, Weirton filed this action, asserting various claims against Quorum, Community Health Systems, Inc. («CHSI»), and individual defendants.

«The 4th Circuit's erosion of the state - action exemption will give litigants against the state bar and similar agencies every incentive to assert Sherman Act claims to complicate or block enforcement actions, thereby impeding the agencies» ability to protect the public,» the bar groups» brief said.

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».

Plaintiff also asserted a G.L. c. 93A § 9 Consumer Protection Act claim and a negligent failure to obtain informed consent action against his physician.

We also defend title insurance underwriters in consumer class actions, and serve as national counsel for a major title insurance underwriter defending claims asserted under closing protection letters.

Represent client as lead defense counsel in an environmental class action brought by homeowners asserting nuisance and property damage claims based on allegations that a neighboring industrial site contaminated the water table.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

The court concluded that the complaint failed to state a claim for the asserted state law causes of action for tortious interference with prospective advantage and tortious destruction of intellectual property.

He handles an array of complex cases involving diverse and complex subject matters, ranging from the defense of claims asserting violation of federal consumer protection statutes such as the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, to the prosecution and defense of shareholder disputes and derivative actions.

As I stated in my recent update on the ongoing reexaminations, the USPTO has issued a «final» (though still appealable) Office action declaring the only asserted claim (claim 14) invalid.

The insured then brought an action against the insurer asserting numerous tort and contract claims as well as violations of G.L. c. 175, § 181, and G.L. c. 93A.

Represented a major Baltimore institution in defense of an action brought by a software provider asserting breach of contract, misappropriation of trade secrets, and other tort claims in connection with the client's transition to other software.

Represented bank in appeal from denial of motion to compel arbitration in putative class action asserting discharge - injunction claims in federal bankruptcy court

Represented company in, and settled, putative class actions asserting various privacy and tort claims related to major cyberattack

Successfully defeated putative class actions asserting claims under the Truth in Lending Act and state contract law regarding repricing of credit card debt

In an equipment accident case, a third - party action would likely come in the form of a product liability lawsuit asserting a claim of a defective or unreasonably dangerous product.

When the negligent actions of another were the cause of an injury, the accident victim may assert a personal injury claim and seek compensation for their medical bills, pain and suffering and lost wages, if they miss work.

Representing financial institution in putative class action asserting federal and state law claims related to the provision of debit cards for juror service payments

Successfully represented national banks in appeal asserting putative class - action claims under the National Bank Act related to credit card late and overlimit fees

Representing financial institution in putative class action in bankruptcy court asserting discharge - injunction claims related to charged - off, sold credit card debts

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate...

Similarly, a petitioner in a post grant review may not assert in a subsequent district court or ITC action that a claim is invalid on any ground that the petitioner raised or reasonably could have been raised in the post grant review.

Christopher was joined in his action by his minor sister, Danielle Hoang, and his mother, San Trieu, both of whom asserted claims for loss of care, guidance and companionship pursuant to the provisions of the Family Law Act, R.S.O. 1990, c. F. 3 (the «FLA»).

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

In the class action suit, Christy is asserting claims against the U.S. government founded upon the breach of express or implied contract claims to which the U.S. is a party,

Timminco concerned a proposed class action in which the plaintiff sought to assert a claim for secondary market misrepresentation pursuant to section 138.3 of the Ontario Securities Act, R.S.O. 1990, c. S. 5 (the «OSA»), for which leave of the court is required under s. 138.8 (1).