Sentences with phrase «breach of contract claims where»

49 (D. Mass. 1997)(plaintiff without remedy due to ERISA's preemption of state law breach of contract claims where the decedent was in need of detoxification and rehabilitation benefits).

Not exact matches

75A -(1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

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 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.

We obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania where the court found in favor of the insurance carrier on a breach of contract and statutory bad faith claim filed by its insured.

Prior to joining Lewis Wagner, Meghan was an associate in the New York firm Traub Lieberman Straus & Shrewsberry's insurance coverage group, where she represented insurance company clients in insurance coverage litigation, and advised insurers on exposure and liability issues in wide array of tort and commercial contexts, including mass tort and class action litigation involving pharmaceuticals, chemical, transportation, news and entertainment, and oil and gas; environmental suits; FDA compliance claims; unfair competition and false advertising claims; intellectual property claims; construction defect; personal injury; product liability; and associated breach of contract claims.

Obtained a defense verdict on a breach of contract claim, and summary judgment on thirteen other counts in a case where the plaintiff sought $ 400 million.

Douglas LaSota is a member of the firm's Professional Liability Department where he focuses a portion of his practice in the defense of construction and engineering professionals and businesses in complex construction and design defect claims, breach of contract actions, and all manner of construction accidents.

His work involves advice in relation to M&A and restructuring, and litigation in the High Court and employment tribunals where he has successfully represented clients on significant breach of contract, unfair dismissal and discrimination claims.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

They can only be claimed, however, where the parties have put a clause in the contract setting out what the damages are to be, and where the amount represents a genuine pre-estimate of the loss ex-pected to be suffered in the event of breach.

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.

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.

Rouleau JA held in Gauthier that where elements of a breach of contract or a claim in negligence are pleaded properly the Superior Court of Justice does have jurisdiction to even hear claims that are academic in nature.

He also accepted that the second letter was negligent in not explaining the options to Levicom clearly enough and for giving a misleading impression in relation to the prospects of Levicom succeeding in the arbitration in a claim for declaratory relief against the Swedish companies (where the chances of success in establishing a breach of contract were stated as «in the region of, but not less than, 70 %»), rather than concentrating on how to quantify and make a claim for substantial damages.

They held that the parties to the employment contract did not intend that common law damages would be available for a breach of the contractually prescribed disciplinary process where that breach occurred during the steps leading to dismissal and, applying Johnson, the common law claims were barred.

That is not so in the case of breach of contract claims, where it is the SGP which applies.

Is service of a statutory demand a proper course where there is a well established claim for breach of contract worth at least # 750 in general damages, but there is a substantial dispute about whether the claim has a value of much more than # 750?

Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss broker's claim for breach of contract denied where issue of fact exists as to whether or not broker was the procuring cause of re-negotiated lease; contract provision obligates the party to protect and preserve the broker's right to recover any earned commission from the owner.