Sentences with phrase «claims against the defendant under»

In its original Complaint, the Government made four claims against Defendants under three federal statutes.

[6] The plaintiff claims against the defendant under all heads of damages for his personal injuries, in the total sum of $ 739,664.

Not exact matches

We advise business clients and insurers on pollution and other environmental claims, and have extensive experience litigating claims under federal and state statutes in clean - up cases, either defending against liability and allocation among defendants, or seeking reimbursement for recovery costs from responsible parties.

Acting (with Thomas Grant QC) for the defendant in a claim brought by an international car hire company against an English automotive repair company under long - term service contracts, where it is alleged that the repair company dishonestly carried out millions of pounds of unnecessary work.

Instead, they were only sued under the PAGA claim, and here is the kicker — plaintiffs never sought fee entitlement in the notice of motion and motion under the PAGA fee - shifting provision much less attempted to segregate fee recovery against individual defendants solely against the PAGA claim.

Special costs to successful applicants in most cases Defendants who succeed in having the claims against them stuck under this law should be entitled to costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.

The defendant was only insured for $ 50,000, and we successfully pursued an under - insured motorist claim for our client against her own auto insurance carrier, collecting an additional $ 205,000.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

The defendant's therefore claimed the cost of the investigation in the amount of $ 2,233.24 against the claimant under the terms of the offer (Tomas v. Mackie, 2015 BCSC 364).

120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff's personal representative of any claim that the plaintiff or the plaintiff's personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act may have against the defendant.

The Court of Appeal determined that the effect of the order under appeal was to «permanently foreclose» the Appellant from obtaining a determination of its claims against the personal defendants on their merits — a result that amounted to an injustice.

Kurdish victims of mustard gas attacks in northern Iraq in the late 1980s have not stated claims under the Torture Victim Protection Act or the Alien Tort Statute against defendant chemical manufacturer, who allegedly sold thiodiglycol to Saddam Hussein; the...

The stay of proceedings in British Columbia means that Northwestpharmacy's claims against all the defendants are now within the jurisdiction of an arbitrator under the International Rules of the American Arbitration Association.

The claimants issued a claim under RA 1886 against the defendant in respect of damage to, or destruction of, property in the centre caused by those detained in it during the riot.

The children claimed against the defendant for bereavement damages under s. 8 of the Fatal Accidents Act.

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and / or Nigeria acted fraudulently.

Schuckman Realty v. Marine Midland Bank (244 A.D. 2d 400)- broker not entitled to recover a commission from defendant under contract theory where broker entered into brokerage agreements with parties other than the defendant; broker's claim against defendant in quantum meruit fails due to the existence of a valid and enforceable agreement governing the particular subject matter (i.e., commission agreement between broker and other parties).

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition