Sentences with phrase «alleged breach of warranty»

A US$ 64 - million dispute in respect of alleged breach of warranty under an international SPA, culminating in a 5 - week trial in the Rolls Building.

Not exact matches

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

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.

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

U.S. supplier of advanced LED panels in Hong Kong arbitration against Chinese manufacturer for breach of warranty resulting in defective products and defending counterclaim alleging breach of trade secret laws

Advising and representing an IFA company in a breach of warranty claim based on alleged breaches of FSA Rules

ICC Arbitration involving alleged $ 50 million in damages for alleged breaches of representations and warranties in purchase and sale agreement relating to power generation facilities in Colombia.

Represent insurer in judicial and ADR proceedings concerning the application of separate directors and officers and representations and warranty policies to claims arising out of the alleged breach of a written stock purchase and sale agreement concerning a complex corporate transaction, in Massachusetts.

The action alleges breaches of Canadian consumer protection legislation, negligence, and breach of warranty.

Lincoln is suing for products liability, alleging negligence and breach of express and implied warranties.

[2016] EWHC 1506 (Comm); [2016] Bus LR 876; [2016] 955 LMLN 1 Appeal under s. 69 on the question of whether, where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer's orders.

Does South Carolina's public policy bar impaired drivers from recovering damages in a crashworthiness case when the plaintiff alleges claims of strict liability and breach of warranty?

Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant - retailer in regard to sales of certain clothes dryer models.

Relying on the Conte opinion, he alleged theories of negligent misrepresentation, fraud, negligence, strict liability, and breach of warranty.