Sentences with phrase «alleging harm by»

Wisconsin court rules that purchaser could not allege harm by the association for the marketing materials prepared by a real estate professional.

Not exact matches

Their first major campaign will be a series of ads aimed at parents and teenagers warning about the alleged psychological harm inflicted by spending too much time on social media.

There can be no harm in setting a terminological locus for alleged distinctions, admitting that they may assume every value of significance from zero to infinity; but there is very definite harm in depriving apparent distinctions of terminological and systematic locus, since their value is then determined as zero by fiat.

Silvers lawyers two weeks ago claimed that statements Bharara made about the charges — which allege Silver lined his pockets with nearly $ 4 million in bribes and kickbacks in a stunning abuse of power dating to at least 2000 — «caused irreparable harm by tainting» the grand jury that indicted him on Feb. 19.

The billionaire kidnapper is asking the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.

The lawyers filed a motion to dismiss the charges — which allege Silver lined his pockets with nearly $ 4 million in bribes and kickbacks in a stunning abuse of power dating to at least 2000 — claiming public statements that Manhattan US Attorney Preet Bharara made about the case «caused irreparable harm by tainting» the grand jury that indicted him on Feb. 19.

Of the prosecution's allegations of harm done by the alleged bid - rigging scheme, one of the defense lawyers called it «entirely speculative and metaphysical.»

The case stems from two 2004 federal lawsuits brought by seven states and several land - trust groups alleging that emissions from five major power companies could cause harm by contributing to global warming.

LAW360 - Feb 17 - A California judge tossed out a class action alleging the mobile dating app Tinder illegally discriminates based on gender by charging more for men and allowing women more matchups, saying the male plaintiff hadn't «connected the dots» to show how he'd been harmed.

Lawsuits filed by the United Federation of Teachers and the NAACP alleged that the closures were carelessly orchestrated and would do students harm.

Likewise in Minnesota, the district judge said that the plaintiffs failed to establish that they had been harmed in any way by the statutes, but even if they had, «because Plaintiffs» alleged harms are not fairly traceable to the teacher tenure and the continuing contract provisions they challenge, a decision by the Court to strike those laws would not redress the harms.»

This varies greatly by state and the type of harm alleged, of course.

The central plank of their criticism is that Ms. Quinn's alleged actions (and it must be stressed these are still only allegations) caused harm to games journalism by allegedly eliciting more positive review scores for her game Depression Quest.

There is of course more, but I'm going to stop because I realize that while all this is good evidence for harms caused by anthropogenic climate change in general, to be really relevant to the topic at hand, we should be looking at the specific harms alleged by the plaintiffs in the suit over which judge Alsup is presiding.

The $ 30 million overhaul was made without installing, as required under the New Source Review requirements of the Clean Air Act, the best available technology to minimize emissions of sulfur dioxide and nitrogen oxides — pollutants that harm human health by contributing to heart attacks, breathing problems, and other health problems, the suit alleges.

This question is designed to expose that those politicians who refuse to reduce their government's ghg on the basis that they are not scientists can not ethically justify non-action on climate change on this basis because once they are put on notice by respected scientific organizations that ghg from their government jurisdiction are harming others, they have a duty to prevent dangerous behavior or establish credible scientific evidence that the alleged dangerous behavior is safe.

Like the handful of cities and counties in New York and California that have sued the energy industry over the past year, the three Colorado municipalities allege that they have been harmed by the impacts of climate change — impacts they have helped cause.

«But damages can be awarded only for harm «actually incurred,» and Plaintiffs allege at most speculative future harms that may never eventuate... Plaintiffs» requested damages award would also violate Defendants» constitutional due process rights by imposing massive retroactive liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as for protected First Amendment activities.»

In a March 31 statement of claim, Dr. Mohamed Foda alleges the postings were not made by actual patients of his, but by someone who has a «malicious» motive to harm his medical business, and states he will seek to identify the unknown defendants by searching for their computer identifying information.

Whether the alleged exposure involves air, water, soil or groundwater, when a plaintiff or group of plaintiffs brings an environmental exposure claim, an experienced California toxic lawyer at our firm will launch a thorough investigation to determine whether an exposure actually occurred and, if so, the extent to which the exposure may have caused the illness or other harms alleged by the plaintiffs.

A medical malpractice plaintiff needs to prove that a doctor - patient relationship was in existence at the time of alleged harm, that the healthcare practitioner did not live up to the appropriate standard of care and that the injuries suffered were directly caused by that failure.

So Mr Habib sued the Australian Government for the torts of misfeasance in public office and of intentional infliction of indirect harm by its officials when they aided and abetted his alleged torture.

Before this court, the local authority's understanding of their own case and the principles to be applied where significant harm has been suffered by a child and where the mechanism for that and / or its alleged perpetration is one of the facts in issue in the proceedings, can only be described as worrying.»

Here, the Court ruled that the Bier rule would grant jurisdiction to the courts of the Member State where the publisher is established (i.e. the place where the event giving rise to the harm occurred), or before the courts where the newspapers were (physically) distributed and where the victim alleges to have suffered harm (i.e. the place where the damage occurred).

It excludes minor or even moderate harm.19 Because there is no exact definition of what constitutes «great bodily harm»... it is actually determined on a case - by - case basis20... overzealous prosecutors have a tendency to allege it every chance they get.

This is applicable any time a defendant's alleged conduct was prohibited by a statute, and the harm suffered by the plaintiff is the type of harm the statute was designed to protect against.

The most recent Invokana lawsuit was filed by a Texas woman who alleges that the drug caused her serious harm.

Clifford alleges that the public statement Cohen issued on February 13, 2018, stating that «Just because something isn't true, doesn't mean that it can't cause you harm or damage,» was reasonably understood by those who read or heard it to concern Clifford and was «meant to convey that Clifford is a liar, someone who should not be trusted, and that her claims about her relationship with Mr. Trump» are not true.

Faulty use of «hybrid» paper and electronic records (the sort of confusion - inducing circumstance at South Shore Hospital that is alleged by lawyers for Robertson's family) was among the most frequently cited examples of harm in the review.

The letter also shows Oakland's lawsuit alleging more dire consequences of climate change, with claims of 100 - year flood occurring almost once per week by the year 2100, and a cost of the harms at between $ 22 and $ 38 billion.

A minority of courts say that a consumer class action plaintiff has standing to get injunctive relief to prevent false advertising even though — by virtue of bringing the suit — he must know about the alleged deception and can't be harmed by it a second time.

A helicopter flight instructor can not sue the Federal Aviation Administration for alleged harm to his flight instruction business resulting from the FAA's suspension of an airworthiness certification of the helicopter leased by the instructor; the 4th Circuit affirms the district...

-- Law societies: Instigate proceedings for the unauthorized practice of law only in cases where harm is alleged by a client of a non-lawyer provider, and drop the prohibition against lawyers sharing fees with non-lawyers.

The respondents did not allege the directors of Magellan or Koll failed to exercise the requisite care and diligence in discharging their duties by mismanaging those corporations» investments in oil fields, thereby causing financial losses that harmed the respondents as shareholders.

A trademark owner must prove three things on a motion for an interlocutory injunction: (i) that its allegations raise a «serious issue» of infringement; (ii) that the harm caused by the infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the alleged infringer.

Fifth Circuit grants rehearing en banc of lawsuit alleging that the operation of energy, fossil fuels, and chemical industries caused the emission of greenhouse gasses that contributed to global warming, resulting in the harms caused by Hurricane Katrina: Nine judges participated in last week's order granting rehearing en banc.

They alleged that the Commissioner's decision had caused them reputational, economic and psychiatric harm suffered as a result of errors made by both the Metropolitan Police Service and the Director of Legal Services at the Met, in the preparation and conduct of the defence to Mr Ahmad's claim.

It does not allege that there is any harm to the public arising from the blocking of the specific Internet sites identified by the injunction.

The alleged harm may be due to a guardian's medical, residential and / or environmental decision making, through a lack of fiduciary care to the vulnerable adult's estate by a conservator or through agency / family mismanagement of a vulnerable adult's care through management decisions or by agency / family caregivers providing inappropriate / unnecessary care.

In this particular case, it appeared that the harm suffered or likely to be suffered by the plaintiff was rather low, and suffered before the alleged distribution to third - parties occurred,

This varies greatly by state and the type of harm alleged, of course.

Class action lawsuits for alleged FCRA violations will increase in 2015 — even if no one is actually harmed — and this trend is one of the «ESR Top Ten Background Check Trends for 2015» selected by Employment Screening Resources (ESR) Founder and CEO Attorney Lester Rosen.

MLS services was the relevant market, but the only harm alleged by the Receiver were his own costs for advertising and he failed to allege any harm to the overall market for MLS services.

The trial court ruled in favor Duemeland, determining that the evidence demonstrated that the statements made by Duemeland were true and also that Bertsch was not harmed by the alleged statements.

The Insurance Companies argued that the Council could not bring this lawsuit because the group had not alleged that it suffered any harm caused by the Insurance Companies.

The lawsuit did not allege that the Broker encountered a risk of harm while performing actions on behalf of the joint venture; instead, these allegations involved threats made by a disgruntled former partner.