Successfully prosecuted claim on behalf of distribution company in a case involving fraud and
breach of contract claims arising from previous business acquisitions.
Not exact matches
You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis),
claims, actions and any other losses or liabilities suffered by Us and
arising from or relating to Your use
of the service, information and / or other material posted on the Service by You and / or
arising from or due to any
breach of contract, any tortious act and / or omission and / or any
breach of statutory due by You.
You and Velocity Micro agree that any
claim, dispute, or controversy, whether in
contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable
claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates
arising from, in connection with, or relating to this Agreement, its interpretation, or the
breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code
of Procedure then in effect.
Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any
claim, dispute or controversy (whether in
contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable
claims) between client and Mulcoy Travel
arising from or relating to these terms and conditions, interpretation thereof, or the
breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws
of the State
of California without regard to conflicts
of laws rules.
Binding Arbitration: ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE
CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates
arising from or relating to these terms and conditions, interpretation thereof, or the
breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code
of Procedure then in effect.
Defended a major financial institution in residential mortgage backed securities - related class action litigation alleging
breach of contract and other
claims arising from the institution's role as an indenture trustee.
Advising professional services firms, manufacturers and media companies in commercial arbitrations and civil litigation
arising from
claims of fraud,
breach of contract, malpractice, veil piercing and patent infringement.
Professional services and private equity firms, manufacturers and media companies call upon Tim's knowledge and experience in commercial arbitrations and civil litigation
arising from
claims of fraud,
breach of contract, malpractice and veil piercing.
He represents diverse businesses and industries such as land developers, resort and hotel owners, entrepreneurs and start - up companies, real estate and leasing companies, commercial landlords and tenants in matters involving
breach of contract,
breach of warranty and business tort
claims, as well as
claims arising out
of fraud allegations.
I assist clients with issues that
arise during bid preparation, and I represent clients in public procurement disputes against governments at all levels (bid challenges, judicial review, civil
claims for
breach of «
contract A / B», etc.).
Court, S.D.N.Y in the matter
of Flushing Bank v. AGCS Marine Insurance Company, 16 - CV - 2638 (RJS) in
breach of contract action
arising out
of a
claim by a loss payee.
Any dispute, controversy or
claim arising out
of or in connection with this
contract, or the
breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute
of the Stockholm Chamber
of Commerce (the «SCC»).
The case in question, Ivey v Genting [2017] UKSC 67, decided on 25th October 2017, did not concern dishonesty in the contexts where it might normally
arise, e.g. the criminal law, dishonest assistance in
breach of trust or a fraud
claim, but in the context
of a conceded contractual implied term in a gaming
contract that the gambler would not «cheat» at the card game
of Punto Banco.
Maryann focuses her practice on the oil and gas industries, litigating various issues
arising from
breach of contract disputes and defending against personal injury
claims.
Prior to joining Lipe Lyons, Ms. Abraham spent several years as a trial attorney for a Chicago based firm defending insurance carriers and their insureds in personal injury and property damage
claims arising from motor vehicle collisions, as well as
breach of contract and insurance coverage disputes.
Apr. 9, 2013)(Obtained dismissal
of bad faith and
breach of contract claims in ERISA litigation
arising out
of participant eligibility)
Won a judgment for a company co-founder in a lawsuit
arising from the breakup
of a business, including
breach of contract and non-compete
claims.
Any dispute, controversy or
claim arising out
of or relating to this
contract, or the
breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the BVI IAC Arbitration Rules.
Recent cases handled include a multimillion - dollar recovery
arising from construction and design
claims, a multimillion - dollar recovery relating to professional malpractice, successful defense
of a financial institution from multimillion - dollar lender liability
claims, successful defense
of independent directors from
claims of breach of fiduciary duty and related
claims, and a multimillion - dollar recovery in the telecommunications industry
arising from
claims of breach of contract,
breach of good faith and fair dealing, and fraud.
Patricia also litigates complex business issues that
arise out
of breach of fiduciary duty
claims,
breach of contract claims, shareholder disputes, corporate dissolutions, trade secret issues and real estate matters.
Unfortunately, when more than one state or country is involved in a transaction, issues concerning jurisdiction
arise when
claims are made based on a
breach of contract or fraud.
Our attorneys have defended companies in lawsuits involving
claims of negligence, invasion
of privacy, and
breach of contract arising out
of the use and dissemination
of computer - based information.
Given this ambiguity, it is beneficial to insured persons to know that they may have an alternate option to litigate their
claim for damages
arising from
breach of contract.
Counsel for a contractor advancing
claims for extra work, delay and
breach of contract arising from the termination
of the
contract which settled through structured negotiations.
Representing a major oil company in defence
of claims threatened and brought in Europe alleging a
breach of contract arising from invocation
of force majeure as a result
of the EU sanctions against Libya.
As to the latter, Hasham v Zenab [1960] AC 316, [1960] 2 WLR 374 shows that specific performance might be decreed even where no
claim for
breach of contract had (yet)
arisen and the Court
of Appeal in P&O Nedlloyd held that it was therefore wrong in principle to regard specific performance — as Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing
breach of contract.
The problem is that the
breach of contract claim in BCCI was in respect
of pecuniary loss suffered by its former employees
arising from the stigma
of having worked for a discredited organisation.
Examples
of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability
of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(
claims arising from alleged
breaches of restrictive covenants in employment
contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a
claim alleging that a public official had committed the tort
of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner
of Police for the Metropolis [20011] EWHC 1246 (QB)(
claims by young foreign females that they had been trafficked into the UK by foreign nationals for the purpose
of slavery and that officers
of the Metropolitan Police Force
breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable
of South Wales Police [2016] EWHC 1367 (QB)(
claims by retired and serving police officers for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police
arising from an investigation by officers
of that force into alleged criminal conduct on the part
of the claimants during the course
of an investigation into a notorious murder in South Wales.
Prior to joining Woodsford, Helena spent time at London law firm Harcus Sinclair LLP, where she worked on a large shareholder
claim arising from the acquisition
of a commercial bank, as well as trust disputes and
claims in respect
of misrepresentation and
breach of contract.
In wrongful dismissal
claims the cause
of action usually
arises when the
contract was
breached — i.e. when the employer dismissed the employee without reasonable notice: Jones v. Friedman, 2006 CanLII 580 (ON CA), 2006 CanLII 580 (ON C.A.), paras. 3 and 4.
Essentially, the
claim must be for damages for
breach of, or a sum due under or
arising out
of, a
contract of employment or other
contract connected with employment.
2 The limitation period in respect
of a
claim arising out
of a
breach by one party
of a
contract for the delivery
of or payment for goods by instalments shall, in relation to each separate instalment, commence on the date on which the particular
breach occurs.