Sentences with phrase «alleging damages based»

Unlike similar cases filed in New York and California, Colorado is not alleging damages based upon sea level change.

Not exact matches

The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, or negligence, or tort, or strict liability, or any other basis, even if we have been advised of or should have known of the possibility of such losses and / or damages, and without regard to the success or effectiveness of other remedies.

Groups such as Boston - based Corporate Accountability International, a non-profit which originated in the protests against Nestle's infant formula, have alleged for almost a decade that bottled water makers damage the environment when they extract the water, waste resources on bottles and shipping, and take what should be a common good.

Preserve Ramapo organized the event in response to perceived misuse and diversion of public funds, alleged damage done to the town's tax base and failure to provide budgetary transparency, cronyism, and the proposed tax cap override, which did pass and permits the town to raise taxes over the 2 percent state limit.

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HERalleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HERALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

US President Donald Trump's legal team is currently seeking $ 20m (# 14m) in damages from adult film star Ms Stormy Daniels, on the basis of her breaking a non-disclosure agreement regarding an alleged affair with Trump in 2006.

The amount of compensation that a person receives for a personal injury is based on the amount of damages that he or she alleges and can prove with evidence.

Clare advised a high profile senior equity partner threatened with expulsion and facing significant reputational damage, in relation alleged conduct issues, and subsequently advised on his retirement from the firm on an agreed and confidential basis.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

Finally, we asserted that questions concerning the calculation of the residents» alleged damages, if any, could not be resolved on a class - wide basis with regard to any formulaic calculation or otherwise.

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

The plaintiff was awarded $ 50,000 in punitive damages in the 2016 decision Morison v Ergo - Industrial Seating Systems Inc. 2 The employer had alleged cause when there was no reasonable basis.

Based on the alleged negligence of the nursing home operators, the plaintiff filed a wrongful death lawsuit seeking damages from the defendant.

Because of this ruling, nobody will be able to recover any damages based on the alleged negligence of the defendants.

For claims involving alleged damages of less then $ 50,000, FINRA adjudicates the claims based solely on the legal briefs filed by the attorneys working on the case and does not hold a hearing.

Civil courts have taken a hard line on the legal effect of acquittals, finding they are generally irrelevant to a civil suit for damages based on the same alleged misconduct and, therefore, are inadmissible.

The team recently assisted a construction company with an investigation regarding the alleged deposit of waste material; defended a Leeds - based retailer in an asbestos investigation; and advised a property company on damage caused by the client's contractors to a listed structure.

We represented the tenant in defending the possession on the basis that the actual arrears were a fraction of that alleged, and in bringing a counterclaim for damages for breach of quiet enjoyment, harassment, and disrepair.

Arkin v Borchard and ors [2003] 2 Lloyd's Rep 225; [2004] 1 Lloyd's Rep 88, 636, [2005] EWCA Civ 655: Commercial Court litigation raising important competition law issues in the context of the activities of two liner shipping conferences; claim for damages based on alleged breaches of Articles 81 and 82 of the EC Treaty.

In the decision of 1201059 Ontario Inc. v. Pizza Pizza Limited, 2015 ONSC 1208, dated February 26, 2015, a three - judge panel of the Divisional Court (an appellate branch of the Ontario Superior Court of Justice that is higher than a trial level but lower than the Court of Appeal), upheld the trial judge's dismissal of the franchisee's action for damages based on an alleged failure to provide disclosure at the time of the franchise renewal.

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.

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)

Pentland - Clark v Wilson & Others 2009 G.W.D. 30 - 490: opposition to reclaiming motion in action for damages based on alleged negligence on the part of judicial factor and his solicitor.

We defeated an attempt by the purchaser of an auto component manufacturing company to obtain substantial damages from investment fund and management sellers based on alleged breaches of the merger agreement and alleged fraudulent representations during the diligence period for the acquisition.

However Musoni, who represented himself, later claimed $ 70,000 in damages for wrongful dismissal based on alleged wrongdoing by his employer during the course of his time at the company.

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.

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 lawsuit, backed by U.S. - based funding equity Commonwealth Legal Funding, alleges Centro misled shareholders about its financial position and seeks damages on behalf of people who bought Centro stock between Apr. 5, 2007 and Feb. 28, 2008.