Sentences with phrase «alleging claims under»

Representing PepsiCo, Inc. and Bottling Group, LLC in the United States District Court for the Southern District of Iowa, in litigation alleging claims under the Sherman Antitrust Act, the Robinson Patman Act, the Lanham Act and Iowa competition law, and for tortious interference, breach of fiduciary duty, business defamation and, on behalf of a putative class, breach of contract.

Following the accident, the plaintiff then brought suit against DLN Enterprises, Inc. («DLN»), which owns the Tavern, and Richard Smith, the sole shareholder of DLN, alleging claims under Georgia's Dram Shop law, O.C.G.A. § 51-1-40, as well as negligent training and supervision claims.

Not exact matches

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

They'll argue that the board's voting agreement means this case must be sent to an arbiter, and are alleging that Benchmark's claims — which relies heavily on media coverage, as opposed to primary documents — will melt away under private scrutiny.

The Shakespeare biography was especially skillful in working up a full - bodied portrait of the man from Stratford, given the (alleged) dearth of evidence that everyone keeps claiming afflicts the Shakespeare biographer; for under Honan's ministrations the evidence proved to be more plentiful than one might initially suspect.

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

Similarly, in McMahon v. Bumble Bee Foods LLC, the plaintiff brought a state law claim under the Illinois Food, Drug and Cosmetic Act (IFDCA) for alleged violations of FDA regulations.

Because the nutrient content claim was alleged to be misleading under FDA regulations, plaintiff's state law claim that Benecol's packaging misled consumers was allowed to proceed.

The pair claims to have hundreds of cases of alleged corruption still under investigation, some involving senior officials in soccer.

Both companies are under scrutiny following claims by a whistleblower, Christopher Wylie, who worked with Cambridge Analytica and alleges it amassed large amounts of data through a personality quiz on Facebook called This is Your Digital Life.

The supposed settlement is also being alleged to have been reached to the detriment of Ghana because Attorneys in this Ministry claimed they were under instructions from the Castle to settle the case in court.

The claim lodged with the Board of Elections today alleges that Mr. Cabrera's nominating petitions to get on the ballot for the Democratic primary were signed and even carried by members of the GOP — which is not permitted under New York's partisan election law.

Former New York Governor Eliot Spitzer is under investigation for an alleged assault at the Plaza Hotel after published reports claim he choked a 25 - year - old woman in a hotel.

The tribunal explained that the admittance of the EFCC staff under cross-examination that Saraki was not invited for clarification on the grey areas in his assets form, grossly affected the competence of the charges, adding also that the claim by another banker that all documents it had linking Saraki to the alleged offences were lost in a fire accident further neutralized the evidence.

«Plaintiffs don't allege that PFOA caused any physical or structural damage to their wells, pipes, taps or showerheads and because they failed to plead any physical injury to their property, they can not state a claim under New York law,» Elissa J. Preheim, an attorney for Honeywell, said in the recent hearing.

She argues that adjudicating an alleged sexual assault using the affirmative consent standard allows the alleged perpetrators to claim that they mistakenly believed they had obtain the victims» consent — a defense that is not currently allowed under federal law.

In fact, they need to maintain even more complete records under the AIA, since it provides procedures for them to allege that an invention claimed by another was actually derived from their own invention.

The key claim is that most alleged coal reserves can not be profitably recovered under existing or potential technologies.

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules.

If teachers are turning their kindergarten classrooms into joyless grinding mills and claiming they are forced to do so under Common Core (as the report's authors allege), something has clearly gone wrong.

The opinion held that under the Fair Housing Act, plaintiffs can bring «disparate impact» claims of discrimination even when the alleged discrimination is unintentional (see «Disparate Impact Indeed,» legal beat, Fall 2015).

In May 2014, after exhausting the procedures of the U.S. Equal Employment Opportunities (EEO) Commission, Ms. I filed suit in federal court, alleging racial discrimination under Title VII of the EEO Act and various claims under the Constitution and state law.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD 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 NLD, 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) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

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

The grand scale of the work — 8ft by 20ft — daunted him at first, and he alleged that he painted the dynamic tangle of slashing lines in the hectic efforts of a single evening, a claim that has come under scrutiny.

Despite my longstanding policy against offering my own reconstruction under current information, CRU alleged that I had «promoted», «heavily promoted» and «advocated» versions of the Yamal and Polar Urals chronologies, making these untrue claims both in their blog article itself and in Osborn's inline comments.

The burden of proof will shift to employers to demonstrate that any independent contractors they do business with are not in fact employees under the ESA, if, during the course of an employment standards officer's investigation or inspection or in any proceeding under the ESA, other than a prosecution, an employer or alleged employer claims that a person is not an employee.

The firm argued that a claim could not be brought under the Act as it defines a whistleblower as someone who reports alleged misconduct to the SEC, while the plaintiff brought an internal complaint.

International construction firm in a case filed by the Department of Labor alleging that the employer improperly claimed the Motor Carrier Act exemption under the FLSA

Acting (with Thomas Grant QC) for the defendant in a claim brought by an international car hire company against an English automotive repair company under long - term service contracts, where it is alleged that the repair company dishonestly carried out millions of pounds of unnecessary work.

The Department filed a verified answer and claimed governmental immunity, alleging she hadn't provided notice of her claim as required under Section 101.101 (a) of the Texas Civil Practice and Remedies Code.

We argued that the residents» alleged claims were too individualized and unique to be adjudicated as a class, and pointed out that it would be impossible to determine the putative class members without expert review of thousands of individual medical charts, which is not permissible under HIPAA and other privacy federal and state laws, and statistics and surveys were no substitute to assess individual medical care.

In D.E v. Unifund Assurance Co. the Court was tasked with determining whether an insurer had a duty to defend its insured under a homeowner's policy against a claim alleging that the insured's Grade 8 daughter had bullied her classmate, causing physical and psychological injuries.40 The claim alleged that the insured was negligent in their failure to control their daughter.

[T] he comfort and consortium injuries alleged by [the husband] were sufficient to state a claim for alienation of affections, and under South Dakota law, [the husband] could not recover on this claim unless he proved that Pins intended to cause those specific injuries.

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.

Further issues about (i) the scope of «data» and «personal data»; (ii) the identification of the data controllers and the territorial jurisdiction of the Data Protection Act 1998 (one of the alleged data controllers was outside the UK); (iii) whether a claim for damages could be maintained in the circumstances under the Act.

Declaratory judgment action included claims against insurer for alleged violation of consumer protection law, in addition to dispute over the insurer's reasons for denying coverage for the stock option backdating claims under applicable policy definitions and exclusions.

Acting for Credit Suisse in a claim brought against them under a Letter of Indemnity provided for missing bills of lading where it is alleged that presentation under L / C was fraudulent.

«Project X»: represented Respondent purchaser of «superyacht» defending a claim for alleged losses and damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of Respondent's obligation of confidentiality arising under that agreement.

Ultimately, Ms. Doyle brought a claim against Zochem for wages in lieu of notice of termination; damages for sexual harassment under the Human Rights Code (Ontario); and moral damages for Zochem's treatment of her — which included the alleged failure to properly investigate her sexual harassment claim.

However, with the exception of claims under the Alien Torts Claims Act in the US, civil claims for alleged torture at the hands of foreign state officials have previously been held to be barred by state immunity (notably in the UK in Jones v Saudi Arabia), as Mr Habib's counsel expressly conclaims under the Alien Torts Claims Act in the US, civil claims for alleged torture at the hands of foreign state officials have previously been held to be barred by state immunity (notably in the UK in Jones v Saudi Arabia), as Mr Habib's counsel expressly conClaims Act in the US, civil claims for alleged torture at the hands of foreign state officials have previously been held to be barred by state immunity (notably in the UK in Jones v Saudi Arabia), as Mr Habib's counsel expressly conclaims for alleged torture at the hands of foreign state officials have previously been held to be barred by state immunity (notably in the UK in Jones v Saudi Arabia), as Mr Habib's counsel expressly conceded.

Zac has also advised a local authority on various issues related to the amendment of its constitution (led by Anya Proops) and has advised on the merits of a claim for judicial review by a business alleging breach of its rights under A1P1 (led by Amy Rogers).

Acting for Ukraine in UNCITRAL arbitration proceedings in relation to claims of $ 180m by a London Stock Exchange - listed oil and gas company brought under the UK - Ukraine bilateral investment treaty, alleging unlawful imposition of tax measures.

In Rea v. Wildeboer, the appellants, including Rea Holdings Inc., brought an oppression claim under s. 248 of the Business Corporations Act alleging misappropriation of funds from Martinrea International Inc..

The Claimants alleged that Chris» clients (their former solicitors) were negligent in not protecting time in respect of various claims arising under four shipbuilding contracts.

in respect of seven individual claims by the successors of original owners of land at Te Atatu alleged to have been taken under the Public Works Act 1928 by the Auckland Harbour Board (Robertson v Auckland Council [2014] NZHC 765)

§ 1983 complaint Actions under § 1983 are personal injury claims and are governed by the personal injury statute of limitations in the state in which the alleged injury occurred.

The International Court of Justice has rejected jurisdiction over the claim brought by the Marshall Islands against the United Kingdom, alleging breach of the obligation (under Article VI of the Non-Proliferation Treaty) to negotiate in good faith for nuclear disarmament.

Mr Coles brought a claim alleging that he had not received equal treatment under the Temporary Agency Worker Directive (the «Directive») as the MOD had denied him the opportunity of applying for the role and permanent employees had been given preference for the vacancy.

In addition, Marguez also alleged that the organization was not a registered charity under the Income Taxt Act as claimed by Enverga.