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.