Others had taken on landlord - tenant cases, civil litigations against municipalities,
breach of contract cases for local businesses, and human trafficking research.
In litigation, work is likely to involve more variety, as one interviewee reported: «I started with
a breach of contract case for a bank.
Not exact matches
They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims
for negligence and
breach of contract, as well as, in some
cases, statutory claims.»
In
case you missed it, Benchmark — a major investor in Uber with a representative on its board — filed a lawsuit against Kalanick
for fraud and
breach of contract.
The unanimous decision, which marked the first time the high court had heard a
case on the subject, clears the way
for Laramie County School District No. 1 to pursue its $ 200,000 negligence and
breach -
of -
contract claim against the architects
of a school that began to crumble less than 10 years after it was built.
In fact, the Authors Guild posted a statement earlier this month saying it believes that Amazon is actually in
breach of contract with some
of the publishers whose books it's offering to lend — since the Guild says buying books in bulk (as Amazon has done in some
cases, so it can offer them
for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intends.
Corporate Veil Smith's attorneys initially argued that much
of what Smith was being sued
for was outside
of the scope
of the home inspection, but as the
case progressed they began to lean heavily on the argument that as a corporate officer, Smith should not be liable
for the
contract breach of SHI, the corporate entity, and consequently was not accountable
for the alleged mistakes.
Unless CIG were talking (or hinting very hard) to him that a job was on the table
for him BEFORE the GLA was signed, then it's largely irrelevant to a copyrights /
breach of contract case.
An audit
of the Department
of Energy's (DOE's) Fiscal Year 2016 Nuclear Waste Fund financial statement, conducted by accounting firm KPMG
for the DOE Office
of Inspector General and released in December 2016, showed 38 lawsuits had been settled as a result
of the DOE's partial
breach of contract ensuing from inaction on Yucca Mountain, and 41
cases were resolved by final unappealable judgements.
In the Scott McInniss
case, my understanding was that the real issue was that the plagiarism led to a
breach of contract, since the Hassan Foundation was paying him
for original research.
The end user is likely to be in
breach of Netflix's Terms
of Use (relevant clause extracted below); in this
case, Netflix would have to sue
for breach of contract, and it is quite likely that judgement would be in their favour.
According to Serjeants Inn Chambers, the chambers
of counsel
for ARB, the
case is the first wrongful birth claim founded on
breach of contract rather than clinical negligence, and is a landmark
case on the duties owed by IVF clinics.
Two Quebec
cases involve corporations being sued
for professional misconduct or
breach of contract, while a British Columbia
case has to do with
contract law as it concerns subsidized tenants with trust funds.
In many
cases, the remedies
for a
breach of contract are written right into the
contract itself.
He also handles
cases involving the defense
of claims
for premises liability,
breach of contract, negligence, gross negligence, and violations
of consumer protection statutes.
Since tort damages are recoverable, the courts have attempted to carefully define the range
of potential defendants in interference
cases to ensure that the liability
of the
contracting parties is limited to damages available
for breach of contract.
As in the instant
case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in
breach of a confidentiality agreement that was part
of his employment
contract, misappropriated that information when he went to work
for the defendant JPS.
She has represented both plaintiffs and defendants in
cases on a wide variety
of claims, including
breach of contract, fraud, defamation, and civil liability
for cyberstalking.
In defending a young college student against a landlord's
breach of contract lawsuit, successfully argued
for and obtained a dismissal
of the
case halfway through trial.
It is increasingly common (as happened in this
case)
for breach of the implied term
of trust and confidence to be alleged by an employee in constructive dismissal
cases (as such a term is fundamental and goes to the root
of the
contract).
In this
case «protective» proceedings
for unfair dismissal,
breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination
of the application
for judicial review.
In that
case, Valcom Ltd. and two
of its employees who defamed a consultant and then
breached a
contract with another company in order to force the removal
of the consultant from a government
contract were found liable
for defamation, unlawful interference with economic relations, and inducing
breach of contract, and ordered to pay $ 600,000 in damages.
In this part
of the
case, RMP sought damages from Brent
for breach of the Public
Contract Regulations 2006 (SI 2006/5).
What is also unique about this
case is that the person identified as the RateMDs poster was involved in different lawsuit on the other side
of Dr. Foda in Foda v. Capital Health Region, [2007] A.J. No. 22; 2007 ABQB 19, where he was making a claim
for breach of contract, conspiracy, harassment, defamation, and direct interference with economic relations.
However, my textbook says there is one major distinction between the two, and it is: «in a
case of waiver, the party waiving their rights is really only waiving the right to claim damgaes
for breach of contract, or to terminate
for breah where applicable.
The purchase and sale
contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records
of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a
breach was imminent (because it is very rare
for this to happen since the consequences are clear and it is so often an open and shut
case) but it could come up if the seller believes that a condition under the original
contract was
breached and the buyer disagreed.
Obtained summary judgment
for the leasing and financing arm
of an aircraft manufacturer in a fraud and
breach of contract case surrounding a sale and leaseback arrangement with a potential buyer.
It could in some
cases bring a claim
for an injunction compelling the other party to abide by the
contract, or choose to accept the
breach of contract and bring a money claim to recover its losses.
Thus Hadley v. Baxendale is the leading
case on limiting awards
for breach of contract — it's now on its way to becoming the leading
case for starting awards, but that's another sad and frustrating story — when the far better
case, Horne v. Midland Railway Company (1873), L.R. 8 C.P. 131 (Ex.
The three
cases involve five different alleged wrongs, raising possible causes
of action
for economic loss: inducing
breach of contract (Mainstream), causing loss by unlawful means (Zeta - Jones) interference with contractual relations (OBG);
breach of confidence (Zeta - Jones) and conversion (OBG).
Obtained favorable settlements
for oil and gas operators and working interest owners in
cases involving
breach of gas
contracts, gas balancing agreements, farmout agreements,
breach of oil and gas leases, drainage,
breach of implied covenants, and contractual claims.
This recent
case concerns cargo owners» claim
for salvage costs from ship owners
for alleged
breach of the
contract (s)
of carriage... read more
As trial counsel, Mr. Davis has obtained favorable verdicts
for his clients in jury and bench trials in both state and federal courts in a wide variety
of trademark, patent and trade secrets
cases, as well as
breach of contract and corporate matters.
Obtained $ 50 million
for Pacific Life against Bank
of New York Mellon at conclusion
of motions
for summary judgment in
breach of contract and
breach of fiduciary duty matter in an investment mismanagement
case.
In such a
case, the innocent party is released from further performance under the
contract, while the offending party will still be held liable
for the consequences
of the
breach.
Our experience has shown that these construction, utility line and fire
cases expand beyond a plaintiff asserting a tort cause
of action, to include claims among the defendants
for breach of contract and indemnification.
This is sufficiently vague to lead some to worry that it would criminalize
breaches of contract — which happen quite regularly and in most
cases innocently — such as accessing someone else's Facebook account with their permission,
for example.
In this
case, the claimant brought a claim
for breach of contract for a sum
of approximately # 69,500 shortly before limitation expired.
Recent
cases have involved issues such as: adverse possession
of farming land; nuisance due to flooding and contamination; a multi-party action
for breach of contract as to farming subsidies, entitlements and negligence; and proprietary estoppel and a disputed trust
of land action.
For instance, in a
breach of contract case, the
contract itself is direct evidence
of the existence
of the
contract.
The firm has tried and / or arbitrated
cases involving claims
for wrongful termination, age discrimination, sex discrimination, disability discrimination, national origin discrimination, racial discrimination, pregnancy discrimination, religious discrimination, retaliation, wage and hour violations, ERISA violations, sexual harassment,
breach of contract, trade secret theft, defamation, violation
of family leave laws, whistleblower (including Sarbanes - Oxley Act and Dodd - Frank Act) and many other claims.
Mr. McConnell has also successfully tried
cases including a complete defense verdict on behalf
of a national retailer in a discrimination, harassment and retaliation
case in Los Angeles Superior Court, a complete defense verdict on behalf
of a contractor on a claim
for unlawful retaliation in San Diego Superior Court, and a directed verdict in favor
of a home builder on claims
for breach of contract and failure to pay wages.
He has prosecuted and defended
cases involving claims
for breach of contract,
breach of fiduciary duty, trademark infringement, copyright infringement, unfair competition, securities and common law fraud, and other business related torts.
In a lost profit
case, a party in litigation will claim that «but
for» the
breach of contract, the party would have earned a projected amount
of money.
In this
case, the homeowner was alleging a
breach of contract for the repair and remodeling
of a home.
We defended the
case based on the insurance policy's concealment or fraud provision and also asserted counterclaims
for breach of contract and fraud.
This is illustrated in Gichuru v. Smith, 2010 BCCA 35, a
case where a plaintiff, upon having his articling student employment with a law firm terminated, sued a law corporation and its principal
for breach of fiduciary duty and
contract, seeking compensatory and punitive damages.
These damages include
breach of contract, lost profits, requests
for equitable damages in delay and disruption
cases, and fraud - related issues.
Represented vendor
of subsea levelling tools
for turbine foundation piling in claims against main contractor
of offshore wind farm
for breach of sale and purchase
contract;
case concerned allegations
of kick - back payments and inter-related criminal investigations.
Court followed federal
cases and held that a
breach of contract claim
for the non-payment
of money was not covered under the D&O policy.