Sentences with phrase «alleged misrepresentations in»

An action with respect to this statutory claim may be commenced only with leave of the court as prescribed by s. 138.8 and within the limitation period specified in s. 138.14, that is, three years after the date of the alleged misrepresentations in the instant cases.

Successful defense of a multi-national accounting firm in an 8 week jury trial involving alleged misrepresentations in the annual financial statements of a publicly traded national restaurant chain

Goldman Sachs in its successful defence of a claim by IFE, a mezzanine investor fund, alleging misrepresentation in relation to the information memorandum issued on syndication of the investment.

Representation of defendant in a CFTC action alleging misrepresentations in the operation of a futures fund

Successfully represented Plaintiff in fire loss claim against insurer where jury awarded $ 175,000.00 in punitive damages for bad faith conduct of insurer in denying claim based on an alleged misrepresentation in in the application process (Haji - Fazul v. Lloyd's Underwriters)

This case involved an insurance claim that was denied based on an alleged misrepresentation in an application for insurance coverage related to the Uniform Conditions of Carriage and the existence of a «standard» Bill of Lading.

Not exact matches

The Justice Department and EPA have since alleged in their suit that VW officials «impeded and obstructed» CARB's inquiry by providing «misleading information,» «conceal [ing] facts,» and making «affirmative misrepresentations.»

In addition, Mr. Morley filed a subsequent lawsuit containing allegations that the formation of Square and the development of our card reader and decoding technologies constituted, among other things, breach of an alleged oral joint venture, fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and misappropriation of trade secrets, as well as other related claims.

You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys» fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Ackman's allegations aren't evidence that Herbalife committed fraud, so investor Abdul Awad and two pension funds that joined his suit can't show that losses they suffered were caused by the company's alleged misrepresentations, U.S. District Judge Dale S. Fischer in Los Angeles wrote in a March 16 ruling.

The indictment alleged that Shkreli induced investors to invest in the hedge funds through material misrepresentations and omissions about prior fund performance and the amount of assets under management, among others.

«Upon series of interrogation by the entire state executive, Mr Seriki Adebola was alleged to have been involved in acts of indiscipline, misrepresentation and «sell - out» which altogether are capable of disintegrating our party.

A statement by the chairman of the campaign organization, Sir Edwin Uboo in Awka, said that the organisation was particularly angered by Umeh's alleged continued deliberate malicious misinterpretation, misrepresentation and sentimentalization of the Court of Appeal judgment in Enugu that Ekwunife was disqualified from contesting the scheduled fresh election expected to hold in March, 2016.

If the proposed settlement agreement is approved by the Court, ruby will contribute a total of $ 11.2 million USD to a settlement fund, which will provide, among other things, payments to settlement class members who submit valid claims for alleged losses resulting from the data breach and alleged misrepresentations as described further in the proposed settlement agreement.

July 14, 2017 — / PR NEWSWIRE / - Ruby Corp. and Ruby Life Inc. (ruby), and a proposed class of plaintiffs, co-led by Dowd & Dowd, P.C., The Driscoll Firm, P.C., and Heninger Garrison Davis, LLC, have reached a proposed settlement agreement resolving the class action lawsuits that were filed beginning July 2015 following a data breach of ruby's computer network and subsequent release of certain personal information of customers of Ashley Madison, an online dating website owned and operated by Ruby Life Inc. (formerly Avid Dating Life Inc.) The lawsuits, alleging inadequate data security practices and misrepresentations regarding Ashley Madison, have been consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Missouri.

Use of the Soulmates profiles is a misrepresentation, the writ alleges, and calculated to lead people to believe GNM is involved in a commercial arrangement with the two dating sites, which it is not.

But that's exactly what happened in 2014 when the Holding Funeral Home lost a building in Castlewood, Virginia, to a fire and Harleysville Insurance Co. refused to pay out the claim, alleging misrepresentation and other issues.

The Court considered the claims of the groups of creditors that had assigned their actions to the Appellant, and found that to the extent those claims were personal — alleging misrepresentations to themselves personally, investments they made in reliance on those misrepresentations, and resulting personal loss — the Appellant could not pursue the claims on their behalf.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

A lawsuit brought against the John Marshall Law School in Chicago alleging misrepresentation of graduate employment numbers was dismissed with prejudice.

Now, as this article, My Space Hit With Online Predator Suits (SFGate.com 1/18/07), four families have sued MySpace, alleging negligence in monitoring the site and negligent misrepresentation about security.

Abbott and Haliburton Co. Ltd. et al. v. WBLI Chartered Accountants 2015 SCC 23 Evidence — Practice Summary: The plaintiffs sued for negligent misrepresentation alleging that the audited financial statements of AWARD Wholesale and Retail Distributors Ltd. were prepared negligently by the defendants, contained incorrect and misleading information, were not performed in accordance with General Assurance and Auditing Standards, and contained material deviations from Generally Accepted Accounting Principles.

In the unusual bonus claim case of Herbert v JP Morgan (2012), he successfully defended the investment bank against a High Court, Queen's Bench Division claim by an banker for a bonus based on an alleged negligent misrepresentation during the recruitment process.

The bank was alleged to have been liable for misrepresentations by an energy company in its function as a «promoter» for a public offering by the company.

Represented Illinois Gaming Board as Special Assistant Attorney General in license revocation proceedings arising out of alleged misrepresentation to Board in casino license application relating to organized crime infiltration.

The state disciplinary board filed charges against Hurley seeking a private reprimand and alleging that he engaged in «dishonesty, fraud, deceit or misrepresentation by approving the hoax.»

Former partners of collapsed law firm Cobbetts are facing a multimillion pound claim from a former client, who alleges the firm was professionally negligent and engaged in misrepresentation.

Edison Subs, LLC — a transferee of a Edison, New Jersey Subway restaurant — brought an action in New Jersey state court against the franchisor (Doctor's Associates, Inc.), the former franchisee (Aliya Patel), and the franchisor's affiliate (Subway Real Estate Corp.), alleging breach of contract, fraud, violations of the New Jersey Consumer Fraud Act, negligent misrepresentation, and violation of the covenant of good faith and fair dealing.

representing the syndicate of underwriters of IntraLinks Holdings, Inc.'s April 2011 secondary offering in a federal securities class action relating to alleged misrepresentations concerning IntraLinks» enterprise business; and

A Canadian accounting firm, Schwartz Levitsky Feldman («SLF»), had provided a clean audit opinion regarding the company as part of the private placement and was sued for alleged negligence and misrepresentations in its audit report by the one Ontario - based investor, Excalibur, on behalf of a proposed global class comprised of all worldwide investors.

Defended computer manufacturer in nationwide class action for alleged misrepresentations to consumers about computer microprocessor

At that time, few would have predicted that the most troublesome and litigated section in Part XXIII.1 would be the section (s. 138.14) that created a seemingly simple three year limitation period after a public company's alleged misrepresentation was released within which to advance claims.

In Silveira v. FY International Auditing & Consulting Corp., the Plaintiff commenced an action in Ontario alleging breach of an agreement and misrepresentatioIn Silveira v. FY International Auditing & Consulting Corp., the Plaintiff commenced an action in Ontario alleging breach of an agreement and misrepresentatioin Ontario alleging breach of an agreement and misrepresentation.

His experience includes litigation counseling and frontline representation in cases involving fraud and misrepresentation claims, contract disputes, partnership disputes, and alleged violations of securities laws and health care fraud statutes.

In August 2016, the franchisee commenced an action in the Superior Court in Toronto, alleging misrepresentation contrary to section 7 of the Arthur Wishart Act (Franchise Disclosure), 200In August 2016, the franchisee commenced an action in the Superior Court in Toronto, alleging misrepresentation contrary to section 7 of the Arthur Wishart Act (Franchise Disclosure), 200in the Superior Court in Toronto, alleging misrepresentation contrary to section 7 of the Arthur Wishart Act (Franchise Disclosure), 200in Toronto, alleging misrepresentation contrary to section 7 of the Arthur Wishart Act (Franchise Disclosure), 2000.

Where the alleged fraudulent act is not in the nature of deceit or falsehood, such as a misrepresentation of fact, the causal link between the dishonest conduct and the deprivation may not depend on showing that the victim relied on or was induced to act by the fraudulent act.

Represented individual investor in FINRA arbitration against former CEO of global financial services firm alleging fraud and misrepresentation, which resulted in a $ 10M settlement.

The only connection to British Columbia was that pre-contract meetings took place in the province on April 8 and 9, 2015, where Northwestpharmacy alleges that the defendants made fraudulent misrepresentations.

In certifying the action as a class proceeding, Belobaba J. addressed Manulife's argument that the pleadings did not disclose a cause of action claim in respect of the s. 138 claim because the action was not commenced within three years of the alleged misrepresentations (as required by s. 138.14 of the Act and the Ontario Court of Appeal's decision in Sharma v. Timminco Ltd., 2012 ONCA 107In certifying the action as a class proceeding, Belobaba J. addressed Manulife's argument that the pleadings did not disclose a cause of action claim in respect of the s. 138 claim because the action was not commenced within three years of the alleged misrepresentations (as required by s. 138.14 of the Act and the Ontario Court of Appeal's decision in Sharma v. Timminco Ltd., 2012 ONCA 107in respect of the s. 138 claim because the action was not commenced within three years of the alleged misrepresentations (as required by s. 138.14 of the Act and the Ontario Court of Appeal's decision in Sharma v. Timminco Ltd., 2012 ONCA 107in Sharma v. Timminco Ltd., 2012 ONCA 107).

In Dugai, the plaintiff investors proposed a class action alleging inadequacies in the defendant corporation's Risk Management Policies and Practices, including a cause of action for secondary market misrepresentation under Part XXIII.1 of the Act (for which they require leave under s. 138.8 (1)-RRBIn Dugai, the plaintiff investors proposed a class action alleging inadequacies in the defendant corporation's Risk Management Policies and Practices, including a cause of action for secondary market misrepresentation under Part XXIII.1 of the Act (for which they require leave under s. 138.8 (1)-RRBin the defendant corporation's Risk Management Policies and Practices, including a cause of action for secondary market misrepresentation under Part XXIII.1 of the Act (for which they require leave under s. 138.8 (1)-RRB-.

Third, in their written closings, the respondents specifically identified three statements they alleged constituted fraudulent misrepresentations: (i) BDW had invested money in Magellan; (ii) the true identity of «Howard»; and (iii) the status of the SibinTek treasury notes.

The plaintiff alleges that on November 9, 2010, Smart made corrective disclosure in respect of a misrepresentation contained in its prospectus.

Defendants sometimes need to enter into a nationwide settlement to achieve complete peace, such as in this MDL proceeding involving alleged misrepresentations as to the fuel economy of Hyundai and Kia vehicles.

With respect to the statutory defences in section 4, the onus of proof shifts after misrepresentation is proved — the person alleged to have made the misrepresentation must prove one or more of the statutory defences.

This is because Lord Rodger was heavily influenced by the fact that the subject of the alleged misrepresentation — the marketing strategy — was never referred to in the agreement concluded by the parties.

Plaintiffs can pursue them on an individual basis and where there is damage or loss to consumers, but the problem in Unlu and other cases like it such as Ileman and Clark, says Reinertson, is they are consumer protection cases where there is alleged misrepresentation but the consumers didn't suffer any actual loss as a result.

Did the motion judge err in finding that the entire agreement clause in the parties» contract disposed of any claim regarding the respondent's alleged post-contractual misrepresentations and breach of its overriding duty of honesty?

On 23rd May 2012, the claimant made a request for additional disclosure which was in respect of the counter claim for damages made by the respondent based on alleged misrepresentations and on the constructive trust point raised by the claimant.

The Appellant is a plaintiff in a class proceeding against the respondent suing on fourteen alleged misrepresentations.

Co-lead counsel on behalf of a national accounting firm in consumer and competitor class actions seeking hundreds of millions of dollars based on alleged misrepresentations relating to the provision of services.