Sentences with phrase «alleged defects in»

Because the evidentiary material presented to the trial court establishes disputed material facts about the Sellers» and Broker's actual knowledge of the alleged defects in the residence, we reverse the order granting summary judgment.

Representation of generator manufacturer in International Chamber of Commerce (ICC) arbitration arising out of alleged defects in equipment supplied to power plants around the world

We obtained a new trial on liability and JMOL on punitive damages following a $ 17 million verdict based on alleged defects in a seatbelt buckle that resulted in the plaintiff's paralyzation.

Represented battery manufacturer concerning alleged defects in lead acid batteries used in electric scooters, which led to a dispute with the scooter manufacturer, which contended that the defective batteries led to a high rate of return which shuttered its business.

Represented defense contractor concerning alleged defects in a fire suppression system for a Navy fighter plane, which led to a dispute involving termination of the subcontractor that caused the defect.

Third, she argued that the appeal was not a full re-hearing of the «hearing» she had had prior to the Dean's decision to suspend and did not cure the alleged defects in the fairness of the process.

In any event, it accepted the Parking Adjudicator's submission that the original adjudicator had made findings of fact that all alleged defects in signs and lines fell within the de minimis principle.

This was an appeal against a decision of Bean J to reject a judicial review of the Parking Adjudicator's decision in a test case concerning the effect of alleged defects in traffic signs and road markings on the liability to pay the penalty charge (a parking ticket).

Our litigation and trial lawyers are experienced with the common and statutory laws involving the prospective liability of manufacturers, distributors, and sellers of products to purchasers, users, and bystanders for personal injury and property damage caused by alleged defects in those products.

Drafted witness statements and acted for a housebuilder in a multi-track mediation in relation to alleged defects in a new build property

Defense of Amtrol in Massachusetts state court product liability class action alleging defects in residential water heaters

Lead counsel for Samsung SDI America in a class action alleging defects in the batteries for the Note 7 Smartphone.

Defended a domestic automobile manufacturer in a national class action seeking economic damages due to an alleged defect in its vehicles.

Not exact matches

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials for GED - 0301 suffered from fatal design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDIn particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials for GED - 0301 suffered from fatal design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDin Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDin the FDA issuing a refusal to file letter to Celgene regarding the NDA.

In response to a suit Hyundai is facing, the company asserted last December that there aren't any problems or defect with its sunroofs, and denies it failed to warn drivers about any «alleged» danger.

In 2005 the company agreed to pay a $ 1.1 million fine after the EPA alleged that VW had received numerous reports in 1999 and 2000 about a defective exhaust part, which was causing excess carbon monoxide and other dangerous emissions, but failed to report the defect to regulators, as required, until the EPA came across it in a random tesIn 2005 the company agreed to pay a $ 1.1 million fine after the EPA alleged that VW had received numerous reports in 1999 and 2000 about a defective exhaust part, which was causing excess carbon monoxide and other dangerous emissions, but failed to report the defect to regulators, as required, until the EPA came across it in a random tesin 1999 and 2000 about a defective exhaust part, which was causing excess carbon monoxide and other dangerous emissions, but failed to report the defect to regulators, as required, until the EPA came across it in a random tesin a random test.

Plaintiffs alleged that First Solar hid these defects and their cost and scope from the market and misrepresented key data in their financial statements.

In 2006, the firm settled with Attorney General Eliot Spitzer to fix water damage and structural defects in a Harlem building, and three years later BFC was in court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective desigIn 2006, the firm settled with Attorney General Eliot Spitzer to fix water damage and structural defects in a Harlem building, and three years later BFC was in court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective desigin a Harlem building, and three years later BFC was in court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective desigin court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective desigin Williamsburg who alleged defective design.

New York County Supreme Court Judge Carol Edmead reinstated Clark and Campusano on the ballot on August 11, writing that «the defects alleged in the pleadings are di minimus,» an abbreviation of a Latin doctrine referring trivial matters not worthy of the court's scrutiny.

At an event in Osogbo, the Osun state capital, while leading thousands of his supporters to defect to APC, Adeleke noted that with the alleged assault on him by the then Minister of Police Affairs, Jelili Adesiyan, and candidate of the PDP, Iyiola Omisore, he and his followers were no longer safe in the party.

But, on November 25, 2017, the former minister of state defected to the APC, a move that was seen by many as trying to evade further probe for his alleged involvement in the $ 2.1 bn arms scam.

This had prompted a former aide to President Jonathan, Reno Omokri, to also release a list of alleged looters in the APC, including those who defected from the PDP to the ruling party.

During the September Congressional fight over how much to provide and whether to offset it, Mulvaney posted a Facebook update in which he questioned the relationship between Zika and birth defects, and asked whether «we really need government - funded research at all» given this alleged uncertainty.

Liability for an alleged design defect is often determined using a risk - utility test, 36 the standards of which vary in different states.

«Toyota does not believe that the alleged defect creates an unreasonable risk to motor vehicle safety,» Chris Santucci, Toyota's regulatory affairs manager, wrote in a letter to NHTSA.

[8][9] In February 2009, five separate class action lawsuits related to the alleged oil sludge defect were consolidated to the District of New Jersey.

Several complaints allege their vehicles were not included in the initial recall despite having the same defect.

In groundbreaking litigation at the forefront of what would become a Department of Justice investigation and the largest defective product recall in automobile history, Ms. Mincey alleged that the airbag system in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumerIn groundbreaking litigation at the forefront of what would become a Department of Justice investigation and the largest defective product recall in automobile history, Ms. Mincey alleged that the airbag system in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumerin automobile history, Ms. Mincey alleged that the airbag system in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumerin her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumers.

In other work, Henning Moelle has been acting as international lead counsel for the pharmaceutical company Grünenthal in product liability claims for alleged birth defects caused by thalidomidIn other work, Henning Moelle has been acting as international lead counsel for the pharmaceutical company Grünenthal in product liability claims for alleged birth defects caused by thalidomidin product liability claims for alleged birth defects caused by thalidomide.

Defended a major U.S. - based automobile manufacturer in claims of property damage arising from vehicle and structural fires, and against insurance subrogation actions alleging design, manufacturing, and warning defects

Such was not the case in an action alleging construction and design defects (2017 ONCA 115).

The plaintiff alleged that this constituted a latent defect in the property which the defendants knew about and concealed from the plaintiff.

The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence.

Successfully represented AMERICAN EXPRESS in an appeal to the High Court relating to alleged minor technical defects in a default notice served pursuant s87 (1) of the Consumer Credit Act 1974.

Defense of both foreign and domestic automobile manufacturers in more than 600 cases involving a wide variety of alleged design or manufacturing defects, including cases involving air bag, seat belt, vehicle structure and other crashworthiness claims;

Can people overseas (not US citizens) who also bought the identical product by the same US company, and suffered the same alleged defect, join the US case, or do they have to file in their own country as a separate case?

The plaintiff alleged that the landowner allowed a defective, dangerous, and unsafe condition to exist, knew or reasonably should have known of the presence of the defect, and failed to repair it in a timely manner or warn others of the defect.

In addition to mass tort and toxic exposure claims, our lawyers represent companies facing actions alleging that employees working in «clean room» facilities were exposed to certain toxic chemicals which caused birth defects in their childreIn addition to mass tort and toxic exposure claims, our lawyers represent companies facing actions alleging that employees working in «clean room» facilities were exposed to certain toxic chemicals which caused birth defects in their childrein «clean room» facilities were exposed to certain toxic chemicals which caused birth defects in their childrein their children.

Plaintiffs in both MDL cases and pending cases allege that the medical devices had design defects and that DePuy knew about the risks but failed to adequately warn physicians and patients.

Plaintiff alleged that the exposure resulted in severe birth defects.

Member of trial team involving multiple pharmaceutical product liability claims for multinational, Fortune 50 pharmaceutical company in various venues throughout Texas and the United States; Trial co-counsel involving alleged marketing and design defect allegations in multiple trials lasting several weeks to several months.

We litigated and resolved a class action lawsuit on behalf of purchasers of certain RCA, Proscan and GE branded televisions alleging that a defect rendered the TV's inoperable; the settlement made up to $ 100 million in available to television purchasers for unreimbursed repairs.

Defended a contractor in claims alleging construction defects in the fire suppression system of a shopping center that was destroyed by fire.

Importantly, the plaintiff's claim was not based on a theory of premises liability and did not allege any defect or hazard in the home.

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.

The firm has extensive experience in successfully defending developers, general contractors, subcontractors, and other professionals in alleged construction defect cases.

Currently representing Nissan North America in a consumer class action alleging the existence of an undisclosed defect in the transmissions of certain automobile models.

The New York Court of Appeals, which is the highest state appellate court in New York, recently released a decision affirming two lower court decisions to exclude a plaintiff's proposed expert witnesses in a personal injury case filed on behalf of a child who was born with serious birth defects and disabilities alleged to have resulted from his mother inhaling gasoline fumes while she was pregnant with him.

The first of what we expect to be many Zofran birth defect lawsuits have been filed, alleging that use of the drug during pregnancy resulted in various birth defects.

Arbitrator found in favor of plaintiff - contractor (client) in private binding arbitration involving unpaid fees with counterclaim for alleged construction defects totaling over $ 800,000.