Sentences with phrase «affirmed dismissal»

The court affirmed the dismissal of the suit.

The court affirmed the dismissal of the fraud allegations against the Buyer's Representative because the Buyer had not properly plead those allegations.

The Court of Appeals of New York affirmed the dismissal of the case by the trial court.

The court affirmed the dismissal of all defendants except the buyer, against whom it affirmed the finding of fraud and award of $ 171,000 actual damages and $ 150,000 punitive damages.

The appellate court affirmed dismissal of the claims against the broker.

Thus, the court affirmed dismissal of the claim.

The court also affirmed dismissal of the claims against the insurance company.

The appellate court affirmed dismissal of the claims.

Thus, the court affirmed the dismissal of these allegations but remanded to case to the trial court for further consideration.

The court affirmed dismissal of the claims.

In this case, the court found that the Fords had failed to allege that the Brokerage had any knowledge of the Salesperson's supposed incompetence, and so the court affirmed the dismissal of these allegations.

On Tuesday, May 1, 2018, Paul, Weiss obtained a significant victory for Pretium Resources Inc. when the United States Court of Appeals for the Second Circuit affirmed dismissal of a securities fraud class action against Pretium.

When the case grew to a class action, the Fifth Circuit eventually affirmed the dismissal of all claims.

The Illinois Appellate Court for the First District affirmed the dismissal.

On appeal, the court affirmed the dismissal.

In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment.

The federal district court granted their motion, and the Third Circuit Court of Appeals affirmed the dismissal.

The Court noted that inAnzalone it had affirmed dismissal of a complaint alleging tortious interference with the plaintiff's own performance of his employment contract on the grounds of lack of damages since the «plaintiff was still employed and did not allege loss of any advantage.»

On review, the court of appeals affirmed the dismissal of the lawsuit.

Since the plaintiff only alleged the bare conclusion that the property owners were responsible for the management company's contract, the First District affirmed dismissal of plaintiff's breach of contract claims.

Court of Appeal affirmed the dismissal of a national class action on demurrer, holding that the plaintiffs could not state a claim for breach of contract for insurer not following purported «national» automotive repair «standards.»

The appellate court, not reaching this issue, affirmed the dismissal finding the judicial estoppel doctrine barred plaintiff from asserting an inconsistent position in a subsequent proceeding... Click here for full article.

Likewise, the Court of Appeals affirmed dismissal of the negligence claim.

The tenant appealed, but the Appeals Court has now affirmed the dismissal of the claims.

The Second Circuit affirmed the dismissal in September 2010, with the majority finding that the ATS could not be used to sue corporations, because corporations are not capable of violating customary international law.

After U.S. District Judge Nancy Gertner dismissed Rodi's case, he appealed to the 1st U.S. Circuit Court of Appeals, which this week affirmed the dismissal in Rodi v. Southern New England School of Law.

The 2nd Circuit affirmed the dismissal of the case, holding that the poster «could reasonably be perceived as a parody, commenting on the «seriousness, even the pretentiousness, of the original.»»

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.

This order affirms the dismissal of a formal third - party complaint filed by Ms. Louise Caplan (Ms. Caplan or Complainant) following the remand of the case by the U.S. Court of Appeals for the District of Columbia Circuit upon a motion by the Department.

The second is the complete text of the appellate reasons affirming the dismissal of the action.

Work highlights Appeared in the Supreme Court for ANZ Securities to affirm the dismissal of a suit brought by California Public Employees Retirement System, successfully arguing that the three - year statute of repose under the Securities Act can not be tolled under the precedent set in the Supreme Court's 1974 decision in American Pipe & Construction Co. v Utah.

Affirming dismissal of Federal § 1983 and RICO claims and award of Rule 11 sanctions against counsel.

State Supreme Court Affirms Dismissal of Claim Against Teacher in Wrongful Death Lawsuit, South Florida Personal Injury Lawyers Blog, published February 2, 2017.

A.D. 2005)(successfully obtained ruling affirming dismissal of insured physician's third - party claim against medical malpractice insurance carrier seeking to override the negotiated settlement of a malpractice claim).

Illinois Appellate Court Finds in Medical Malpractice Case That Manifest Weight of the Evidence Was Insufficient, Affirming Dismissal

[25] Judge Dennis F. Saylor IV articulated this point by emphasizing the consistency of the Circuit Courts» decisions and citing to a Sixth Circuit multi-district litigation holding «affirming the dismissal of claims against brand - name manufacturers under the laws of 22 states.»

Georgia Court of Appeals Affirms Dismissal in Auto Shop Negligent Training Case, Atlanta Injury Attorney Blog, published December 28, 2016

Long - time smokers could not sue Philip Morris for manufacturing cigarettes that allegedly contained unnecessarily dangerous levels of carcinogens, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.

A group of local volunteer fire and rescue departments can not sue county officials on a claim the county reduced funding in retaliation for plaintiffs» opposition to local legislation; the 4th Circuit affirms dismissal of the suit by the district court,...

Davidson v. Gurewitz, NO. 2-15-0171: Illinois Appellate Court Affirms Dismissal of Legal Malpractice Claim

New York appellate court affirms dismissal of lawsuit alleging that listing broker had a duty to confirm that owner had obtained the proper permits needed to lease property.

The court went on to affirm dismissal of Offerors» unfair or deceptive act claim on the basis that such a claim could only survive under the state's law when the act in question affected the public interest.

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.

Not exact matches

So there is the patina of an intellectual claim allowing a priori dismissal of religious truth claims — «all truth is relative» — there is the moral claim that seeks to silence and exclude — «if you affirm objective truth then you are perforce intolerant and therefore immoral» — combined with the easy - going neglect in daily life of the implications of the first two currents.

«We agree that petitioners» failure to name as respondent the Executive Board of the Working Families Party results in dismissal, and we therefore affirm,» the decision said.

«We believe the amendments to AB 1360 further affirm that all students have equitable access to enroll in a charter public school and are afforded essential due process rights in all dismissal proceedings,» said Carlos Marquez, SVP, Government Affairs, CCSA.

The 5th U.S. Circuit Court of Appeals has affirmed a district court's dismissal of a case alleging Radio Shack continued to offer company stock as an investment option in its 401 (k) plan when it was no longer prudent to do so.

The case is back in the news this week because on Tuesday, a California appeals court affirmed the lower court's dismissal of the case against Cohen and the show's distributor, the U.K.'s Channel Four Television.

Thus, the circuit court's decision to grant the hospital's motion for dismissal was affirmed in part and reversed in part.

It affirmed the divorce court's dismissal of her petition because it was barred by the three - year statute of limitations.