Sentences with phrase «adequate remedy»

• The legal process can not always provide adequate remedies for historic injustice.

However, we do not believe that the bill provides adequate remedies to prevent charter schools from employing discriminatory policies and practices, or legal consequences for such actions.

High earning employees may finally be afforded a more adequate remedy where a breach of contract has resulted in their termination and a loss of professional standing.

If the dependencies or requirements of each party are not understood after the contracting phase it may be too late to provide for adequate remedies in the contract, or adequate flexibility within the contract, to address unforeseen circumstances caused by them.

A disqualification order is not appealable, but as Mother appears to have no other means of plain, speedy or adequate remedy by appeal, the court exercised its discretion to treat the appeal as a Special Action in order to accept jurisdiction.

The natural causes are looked for, precautions are taken to prevent the calamity from spreading, and the most adequate remedies known are put into operation.

Reinstating the action at this point would undermine the finality principle while refusing to reinstate the action does not interfere with the need to ensure adequate remedies.

Corporations, in turn have an obligation (not a duty) to respect rights and as mentioned, there must be adequate remedies for victims of any violation of rights.

You acknowledges that damages alone would not be an adequate remedy for any breach of the provisions of this Agreement and, accordingly, without prejudice to any and all other rights or remedies, you acknowledges that FTI or any Fund to which the Holdings Information pertains shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of the provisions of this Agreement.

The suit says: «Defendant's conduct is causing and will continue to cause Plaintiff to suffer irreparable harm, and unless restrained, Plaintiff will continue to be damaged because Plaintiff has no adequate remedy at law.

These two agencies filed an appeal, arguing that the plaintiff parents had not met the requisite elements for injunctive relief, including (a) likelihood of success on the merits, (b) unavailability of an adequate remedy at law, and (c) being in the public interest.

«A harm is irreparable where there is no adequate remedy at law, such as monetary damages,» she wrote, but if the plaintiffs won, they could recoup the estimated $ 754,000 to their budget.

It was then I set myself the task of finding out what really happened — not because the truth is an adequate remedy for the past, and not because it can undo what was done.

Or at least letting multi-paned tiles slide back and forth on the screen would have been an adequate remedy.

The next step in the American Cyanamid test is to ask if damages are an adequate remedy for either party.

It is not so much the case that «damages are not an adequate remedy» but simply that no damages can be claimed.

in an article in today's Globe, Michael Geist explains that Facebook brought their action in California rather than Canada because Canadian law doesn't provide an adequate remedy against spammers.

In such lawsuits, money damages might not be an adequate remedy and as such, the PA personal injury attorneys would be required to seek an injunction, which is akin to a restraining order.

Lately, the courts have accepted that many properties are so similar that damages are an adequate remedy.

The claimants had been willing to accept compensation for the level of inconvenience caused by core racing activities at the circuit but this did not mean that damages were an adequate remedy for inconvenience in excess of that level.

He also accepted the claimants» submission that the judge's conclusion that damages were an adequate remedy was illogical.

They held that UK privacy law provides an adequate remedy for breach of privacy.

In his order setting the trial, Judge Baylson acknowledged that the five defendants would be more financially burdened by this turn of events, but assured them that «[i] n the even Plaintiff's allegations can not be sustained, the five John Does will have adequate remedies to recover most, if not all, of [the] litigation expenses and / or damages from Plaintiff.»

The next logical step is to ask who will be affected by these rights, before then considering what powers the courts have in respect of supplying an adequate remedy.

No adequate remedy at law, sufficient to prevent a court of equity from acting, exists in a case where the enforcement of an unconstitutional state rate statute would require the complainant to carry merchandise at confiscatory rates if it complied with the statute, and subject it to excessive penalties in case it did not comply therewith, and its validity was finally sustained.

There are two glaring reasons why these actions are not ones for which subsection 3 (1)(c) applies: (1) there is no contract between each claimant and defendant, and (2) the Claimants are asking for $ 25,000 in damages and therefore the claims are ones for which the Claimants believe that damages is an adequate remedy.

The application was decided on the basis that damages would not be an adequate remedy for the NHS trusts.

When there is no other plain, speedy and adequate remedy; 8.

However if damages can not adequately compensate the plaintiff, or can not be recovered then the CTA must ask whether, if the defendant were successful at final disposition of the merits, damages would be an adequate remedy for any loss that it would incur due to the interim order

(3) If damages are not an adequate remedy, where does the balance of convenience lie (including consideration of the public interest)?

(1) Is there a serious issue to be tried; (2) Are damages an adequate remedy for the bidder / claimant?

The petition for a writ of mandate is DENIED as petitioner has an adequate remedy at law.

Keep in mind that «simply because one is unable to prevail on the merits under a § 1132 (a)(1)(B) claim does not mean that such a claim is not an «adequate remedy».»

In order to obtain a temporary injunction, the plaintiff is required to establish (1) the likelihood of irreparable harm, (2) the unavailability of an adequate remedy at law, (3) substantial likelihood of success on the merits, and (4) that the injunction will serve the public interest.

The eleven questions posed explore several aspects of the sufficiency of SCCs, the correct law to use to assess the protections, the relationship between the Privacy Shield (that replaced Safe Harbor) and the SCCs, and what qualifies as an adequate remedy under applicable law.

[4] The plaintiff's failure to pursue his adequate remedies at law thus doomed his suit in equity.

I acknowledge this marriage for the limited purpose of providing an adequate remedy having been satisfied that whatever its foreign legality, it is invalid in Canada.

It has jurisdiction only in three settings: (1) where a party seeks to invoke an equitable right; (2) where the plaintiff lacks an adequate remedy at law; and (3) where there is a statutory delegation of subject matter jurisdiction.

The Court held that damages were not an adequate remedy for the claimants given that the loss of the contract would require them to restructure their operations and would affect the way in which they provided other public services

To be an adequate remedy it must be timely.

In other words, if the injunction were to be refused, damages would not be an adequate remedy for the applicants.

They have all argued that it impinges upon the fundamental right to freedom of speech and expression and that civil defamation is an adequate remedy against such wrongs.