Sentences with phrase «claim against the trustees»

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

Numerous contentious and advisory matters involving offshore trusts, Lichtenstein Foundations, including claims against Trustees, and setting up and organizing the affairs of multi-national UHNW families and their businesses

A beneficiary of a trust brought a claim against the trustees, our clients, for breach of trust.

Not exact matches

On April 22, 2015, the bankruptcy trustee created a system that enabled MtGox users to file claims against the exchange regarding their lost funds.

On March 27, 2014, JPMC and the bankruptcy trustee for Peregrine Financial Group, Inc. agreed to a $ 15 million settlement of claims against JPMC alleging JPMC allowed fraud to occur at Peregrine, which was bankrupted after its founder looted hundreds of millions of dollars from customer accounts.

Such indemnity shall include payment from the Trust of the costs and expenses incurred by such Trustee Indemnified Party in defending itself against any claim or liability in its capacity as Trustee.

In a suit filed against the SUNY Board of Trustees in Supreme Court in Albany on Thursday, the state Board of Regents and Education Commissioner MaryEllen Elia claimed the new rules would erode teacher quality and hurt disadvantaged students.

Exemption laws have been enacted by every state as well as the federal government to protect the property of debtors against the claims of judgment creditors and, once a bankruptcy case is filed, the trustee.

A person claiming against the bond or surety account for a violation of this chapter may maintain an action at law against the credit services organization and against the surety or trustee.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In addition to Claims brought by either you or the Bank, Claims made by or against the Bank or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable.

You agree to fully indemnify and hold harmless PAF and its trustees, officers, employees, and agents against any and all claims, demands, liabilities, damages, and / or expenses of any nature, including without limitation reasonable attorney fees, arising out of or related to your use of content or materials on the Site.

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

Anna I know limitation rules apply to claims by trustees against third party providers, but surely they do not apply as between trustees and members?

But issues you might describe as «fault» can be relevant to things like when the limitation period starts to run for trustees» claims against members, such as in the Webber case, where it was important to establish when the scheme could, with reasonable diligence, have discovered the mistake.

It may seem tempting to declare bankruptcy to avoid the long arm of the FRO; however, your support arrears merely become a claim that is made against your estate, with the FRO dealing directly with the bankruptcy trustee like any other creditor.

There is recent authority that common law claims for unjust enrichment by trustees against members are quasi-contractual in nature, such that a six year limitation period would apply.

His work involved considering policy response and coverage issues as well as managing claims against (amongst others) architects, engineers, design and build contractors, surveyors, valuers, charity trustees and directors and officers of both private and public limited companies.

The new trustees now faced a classic dilemma; at the point where funds available were lowest, they had to decide whether to proceed with a case against the original trustees with all the inherent risks that entailed in terms of adverse costs if they lost or, not take action but risk a future claim by the trust's beneficiaries for failing to carry out their duties in properly preserving the trust's assets.

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

The application claimed that the Labourers» policy against dual union membership was a mere pretext, passed in order to give two of the trustees of the Local 1059 Benefit Trust, Jim MacKinnon (who is also the business manager of Local 1059) and Brandon MacKinnon (who is also the President of Local 1059) the ability to «confiscate» Garcia's «dollar bank» credits and divert them to the benefit of other beneficiaries.

Our directors and officers (D&O) coverage experience includes disputes arising out of white - collar crime, securities, statutory, and common law claims against corporate entities, officers, directors, and trustees, including adversary proceedings in bankruptcy litigation.

Obtained affirmance by the Second Circuit Court of Appeals of the District Court's dismissal of quiet title action against homeowners by a successor trustee claiming that conveyance of property by a predecessor co-trustee was void.

Won summary judgment defending a Bankruptcy Trustee against claims amounting to over $ 1 million brought by a non-party plaintiff

A breach of trust claim against former trustees of an offshore trust being brought in an offshore jurisdiction, relating to the mismanagement of trust assets.

Serving as primary counsel and obtaining a dismissal of claims in a breach of fiduciary duty matter against ERISA fiduciaries and trustees.

Defended a corporation against potential fraudulent transfer claims while resolving the matter with chapter 7 trustee, resulting in the quieting of title of the client's apartment complex and ability to sell same.

Defended a former shipbuilding client and a former aluminum industry client in Oregon against NRD claims by NOAA, DOI and state and tribal trustees;

Hawksford Trustees Jersey Limited — v - Halliwells: Chris is instructed on behalf of the Defendant solicitors in relation to appeals and cross appeals to be heard against the first instance judgment which allowed some heads of claim but not others.

Peter counseled a large accounting firm in a bankruptcy trustee's investigation of potential claims against a debtor's insiders and other service providers.

Successfully defended trustees against a claim by a future trust beneficiary that they were misapplying the terms of the multimillion - dollar trust and distributing income incorrectly.

Successfully represented an ESOP trustee against claims for benefits and accompanying allegations of fiduciary breach.

Claim by beneficiary of pension fund against pension trustees, solicitor and accountants regarding pension planning and purchase of annuity.

Will challenges; testamentary capacity; estate accounts disputes; claims by and against estates, dependent's relief, guardianship issues; advice to beneficiaries and trustees;

Andrew acts for and against trustees and executors and has particular experience of claims involving allegations of breach of trust and challenges to trustees» exercise of discretionary powers, approval of trustees» resolutions and the appointment and removal of trustees.

In addition, Carrie has defended trustees against claims alleging breach of fiduciary duties and other claims of trust management.

Claims against professional advisers - actuaries, administrators, professional trustees and fund managers

Advising the security trustee of securitised notes in respect of claims of approximately # 25m against the note issuer for breach of contract and misrepresentation.

Advising the security trustee of securitised notes in respect of claims of approximately # 25 million in value against the note issuer for breach of contract and misrepresentation.

Representing foreign insurance company against «claw - back» claims brought by the trustee of the Bernard L. Madoff Investment Securities, LLC

Advising the security trustee of securitised notes in respect of claims of approximately # 25 million against the note issuer for breach of contract and misrepresentation.

Court appointed litigation counsel to the Litigation Trustee of Cash Store Financial in pursuing nine figure damage claims against Cash Store's professional advisors

The Plaintiff in this case was the appointed trustee of the injured employee, and pursued a personal injury claim against the Railroad Company.

Breach of fiduciary duty claims against executors and trustees — acting for beneficiaries or co - executors / co-trustees who have concerns regarding the administration of an estate or trust, as well as defending executors and trustees;

Where land or rent is vested in a trustee upon an express trust, the right of the beneficiary of the trust or a person claiming through the beneficiary to bring an action against the trustee or a person claiming through the trustee to recover the land or rent, shall be deemed to have first accrued, according to the meaning of this Act, at and not before the time at which the land or rent has been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through the purchaser.

representing the trustees of an employer's pension scheme regarding errors made in the pension deeds and claims against the solicitors who advised the on the scheme

Representing an investment company specializing in structured financial products against claims of fraudulent transfers and preferences in trustee litigation relating to an alleged Ponzi scheme, and in separate claims by a creditor group for alleged aiding and abetting the Ponzi scheme.

He specialises in large claims against directors, banks, corporate trustees, Lloyd's brokers, financial advisers, fund managers, stock brokers, accountants and corporate services providers.