Sentences with phrase «also alleged failure»

The plaintiff also alleged failure of the lawyer to advise him that the lawyer was acting contrary to the majority shareholders» interest.

There was also an alleged failure to disclose some information provided regarding price lists and discounts and an alleged failure to provide an affidavit in response to the terms of the Order of Mrs Justice May.

Not exact matches

The now - former editor also said that under Bannon, the Breitbart site has turned into «Trump's personal Pravda,» adding this was demonstrated by the organization's failure to support Fields following the alleged attack by Lewandowski, who Shapiro referred to as «Trump's bully campaign manager.»

Lighthizer also suggested that the U.S. may take action against the World Trade Organization for its alleged failures on promoting a fairer trade landscape.

As Common Cause alleged in its January complaints filed with the FEC and DOJ, the Trump campaign's failure to report this expenditure to the FEC would not only violate the campaign finance law disclosure requirements, 52 U.S.C. 30104, but would also violate the federal law prohibiting false statements of material fact to the federal government, 18 U.S.C. 1001.

Trump could also order new limits on Chinese investment in the United States or raise tariffs unilaterally — a likely violation of U.S. commitments to the World Trade Organization — pending the outcome of a broader investigation into Beijing's alleged failure to protect foreign companies» intellectual property rights, analysts say.

Justice Logan also needed to consider the fact that some contraventions occurred prior to the increase in civil penalties which came into force on 1 January 2007; however, procedural failures prevented higher penalties from being considered (at para 25) «Neither as originally cast nor by permitted amendment did the [ACCC's] statement of claim contain an allegation of any material fact necessary to engage a maximum penalty greater than $ 10 million in respect of any of the alleged contraventions.»

A school district and its employees and volunteers are also immune from civil liability for a person or organization's failure or alleged failure to comply with the requirements.

«Mr. Grijalva acknowledged the absence of any evidence but purportedly wanted to know if accusations made against Mr. Soon about alleged conflicts of interest or failure to disclose his funding sources in science journals might not also apply to us,» Lindzen noted.

In one case, it appears that the Chinese government may have targeted several Canadian law firms in an apparent effort to derail a $ 40 billion acquisition.11 In another, a firm's managing clerk is alleged to have accessed inside information about the firm's clients as part of an insider - trading scheme.12 Also, it recently was revealed that hackers working for the Chinese military targeted one company for information useful in ongoing litigation.13 Failure to secure such data from malicious employees, cyber-attacks, or carelessness can cause drastic reputational damage as well as liability.

She also defends companies and boards of directors in derivative suits challenging corporate decisions or alleged failure to supervise.

(3) The jury may also --(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it; (b) have regard to any health and safety guidance that relates to the alleged breach.

Failure of the Corporation to Enforce the Declaration The applicants also alleged that the condominium corporation permitted or enabled breaches of the declaration, as patrons of other food service units in the condominium in close proximity to the food court used the exclusive food court seating area.

We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.

He also alleged discrimination stemming from the government's failure to indemnify him for legal costs in defending the criminal charges.

2011)-- This appeal also arose out of a putative class action alleging a failure to pay general contractor overhead and profit as a part of the settlement of property insurance claims.

The Federal Circuit squarely addressed the issue in its recent In re Micron Tech opinion, finding that TC Heartland qualifies as a change - of law and thus an alleged infringer's defense of improper venue has not been waived simply through the failure to raise the defense pre-TC Heartland.5 However, the Federal Circuit also warned that these same venue challenges are still vulnerable to rejection by other means.

There was certainly nothing unreasonable about trial counsel's alleged failure to call corroborating evidence on these issues when the proposed evidence did not relate to material issues but only to facts the trial judge accepted... In the result, we did not find any error in the reasoning of the trial judge and also find that trial counsel did not act unreasonably by deciding not to call corroborating evidence on the issues of his relationship with Ms. Peters and physical condition as the evidence on these matters had already been accepted by the trial judge (at paras. 11 - 12).

They also argued that their failure - to - warn claim operated independently from the LIA, because it addressed alleged errors that occurred when the defendants manufactured or sold their products.

The plaintiffs also allege that there were additional and concurrent causes such as the Tenant's failure to have a fire extinguisher available.

The purchasers also alleged an unfair trade practices claim against their representative for failure to disclose that the representative was a member of the entity selling the property.

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

The Buyers filed a lawsuit against the Brokerage alleging fraud, claiming that they were damaged by the Brokerage's failure to inform them of the square footage difference and also the Brokerage's failure to give them a copy of the appraisal for the property prior to closing.

The suit also places emphasis on the company's alleged failure to arrange preliminary meetings between realtors and buyers at offices or public places.