Sentences with phrase «breach of warranty actions»

Product - liability actions related to fertilizers or pesticides generally take the form of strict liability or breach of warranty actions.

His litigation experience includes trademark, copyright, unfair competition, unfair business practices, antitrust, entertainment, securities, products liability, tort, breach of contract and breach of warranty actions.

Successful trial representation of foreign automobile manufacturer in breach of warranty action

In a breach of warranty action, you may be able to recover damages for injuries from a defective product without proving that the manufacturer or seller was negligent.

Not exact matches

You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

You agree and understand that Car Throttle is relying on the representations made by you and any breach of the terms and / or warranties set out herein would cause Car Throttle injury and damage that can not be adequately compensated by damages in an action at law and you expressly agree that, without limiting our remedies, Car Throttle shall be entitled to injunctive and other equitable relief.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold Amazon, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys» fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement.

Michelle Hainley of Lancaster County filed a class action lawsuit Oct. 7 in U.S. District Court for the Eastern District of Pennsylvania, citing breach of implied warranty and breach of express warranty.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

He successfully argued an appeal at the 10th Circuit that affirmed the dismissal by the U.S. Court of the Northern District of Oklahoma of a putative class action against Goodman Manufacturing alleging that Goodman breached its warranty on 800,000 air conditioning units due to an unmanifested defect.

He has represented a broad spectrum of clients in products liability and class action matters, breach of warranty claims, wrongful death claims, tort and personal injury claims, professional liability claims and other areas of civil litigation.

Our expertise spans disputes relating to joint ventures, derivative actions, unfair prejudice petitions, misfeasance, breaches of directors» duties, misappropriation of company funds, shareholder deadlock, breach of warranty and indemnity claims, shareholder leaver clauses and issues arising out of covenants.

Special Master to decide pending discovery motions in action brought by issuer of financial guaranty insurance policies for residential mortgage - backed securitization transactions for breach of loan - level representations and warranties when securitizations began to experience increases in delinquencies and defaults in the underlying mortgages

Hathaway filed suit against Cintas, asserting causes of action for negligence, breach of warranty, and products liability.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

Although it is rare for a doctor or hospital to promise specific results from a procedure, surgery or treatment, if such a guarantee is given but not achieved, the failure to produce the promised outcome may give rise to an action for breach of contract or breach of warranty.

«Geraint Davies heads Howes Percival LLP's «impressive and pragmatic» practice, which is noted for its work for both national and international clients in connection with breach of warranty claims, minority shareholder actions, and commercial agency and distributorship disputes.

There is considerable disagreement among jurisdictions regarding whether a defendant may use defenses normally associated with negligence actions in claims for breach of implied warranties.

810 ILCS 5 / 2A -506 (1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued.

Mr. Geiger represents business clients in all types of disputes, such as product liability (including pharmaceuticals and medical devices), toxic torts, medical and genetics negligence, breach of privacy, other personal injury claims, class actions, multidistrict litigation, governmental actions, insurance litigation, breaches of contract, allegations of fraud and unfair trade practices, commercial warranty disputes and intellectual property controversies.

The action alleges breaches of Canadian consumer protection legislation, negligence, and breach of warranty.

Though product liability actions may be brought as negligence, strict liability, or breach of warranty cases, product liability actions seeking compensation for a victim's personal injury or death are generally brought as strict liability actions.

We have extensive experience defending class claims in antitrust, securities and derivative actions, as well as class consumer fraud, breach of warranty, contract, environmental tort and other regulatory claims against manufacturers, retailers, financial institutions and insurance carriers.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

He handles a variety of commercial and class action litigation matters, including restrictive covenants, breach of contract and breach of warranty disputes.

A manufacturer can be held liable under a products liability theory for any of the following actions / inactions: negligently designing the product, negligently manufacturing the product, failing to warn of the products dangers, breaching a warranty or misrepresenting (either fraudulently or innocently) the product.

Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant - retailer in regard to sales of certain clothes dryer models.

In Massachusetts, product liability actions typically assert claims of both negligence and breach of warranty and normally contain a count under chapter 93A, Massachusetts's consumer protection statute

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.

The User agrees at his own expense to indemnify, defend and hold completely harmless Exide Life, its directors officers, employees and advisors to the fullest extent from all actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys fees and disbursements at actuals)(collectively «Loss») relating to or arising out of a breach by the User of the Terms of Use relating to this website or arising out of or in connection with the particulars, personal details, representations or warranties given by a User or arising from any other conduct of a User in relation to the use or access of this Website as a result of which, in whole or in part, Exide Life is made a party to, or otherwise incurs any Loss pursuant to, any action, suit, claim or proceeding arising out of or relating to any such conduct.