Sentences with phrase «claims alleging failure»

Taylor recently acted in defending a claim alleging failure to prescribe adequate thrombo - embolic prophylaxis therapy prior to hip replacement surgery, which resulted in the patient's death.

Noble recently acted in a claim alleging failure to carry out spinal examination or refer to the orthopaedic team for assessment, resulting in the claimant being rendered paraplegic.

Co., 2006]-RRB-- County Court affirm dismissal of small claim alleging failure to disclose defective conditions on real property in «as is» transaction, ruling that there is no cause of action under RPL 465 (2) and plaintiff failed to prove a cause of action under the common law.

Not exact matches

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Some critics claim he failed to warn other Roman Jews about what was about to transpire and about his own plans, describing this alleged failure to share his information with other Jews as a serious moral lapse....

Justice Logan also needed to consider the fact that some contraventions occurred prior to the increase in civil penalties which came into force on 1 January 2007; however, procedural failures prevented higher penalties from being considered (at para 25) «Neither as originally cast nor by permitted amendment did the [ACCC's] statement of claim contain an allegation of any material fact necessary to engage a maximum penalty greater than $ 10 million in respect of any of the alleged contraventions.»

New York City lawyers said the city had settled a lawsuit by two women claiming they were raped by a guard at Rikers Island, and as a result, a bid for a class action alleging systemic failure to protect female prisoners will be dropped.

The plaintiffs claim the alleged defects cause premature wear to the transmission clutch plates and other components, causing early transmission failure and expensive repairs.

Some former Corinthian students are suing the Department of Education, alleging that its failure to continue providing full discharges is unlawful and asking the court to order the Department to provide full discharges to Corinthian borrowers with valid borrower defense claims.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

«Apparently dissatisfied with the pace of progress on this issue in the elected branches, petitioners have come to the courts claiming broad - ranging injury, and attempting to tie that injury to the Government's alleged failure to comply with a rather narrow statutory provision.

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

If you have been injured as a result of a weld failure similar to the examples provided, you may have a viable personal injury claim arising from an alleged defective product.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Thus, the one - and two - year statutes of limitations on Plaintiff's claims, which are based on Defendant's alleged failures to promote him, began to run in August 2009 when Defendant denied Plaintiff the promotion in the Madison, Wisconsin location.

In D.E v. Unifund Assurance Co. the Court was tasked with determining whether an insurer had a duty to defend its insured under a homeowner's policy against a claim alleging that the insured's Grade 8 daughter had bullied her classmate, causing physical and psychological injuries.40 The claim alleged that the insured was negligent in their failure to control their daughter.

Cases involving claims against accounting firms arising from alleged failure to detect fraud in audits and negligent preparation of financial statements

Confidential (2016): instructed to advise Owner of yacht (lost in a fire / sinking) in relation to potential claim against Lloyd's Underwriters / brokers regarding alleged material non-disclosures and alleged failure to comply with insurance policy subjectivities

Here, the Martinos allege that Wal - Mart's failure to preserve evidence has impaired their ability to prevail in the very negligence claim they have brought against Wal - Mart.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

Disputes against insurance agents and brokers with respect to claims involving the alleged failure to obtain insurance coverage or limits

2011)-- This appeal also arose out of a putative class action alleging a failure to pay general contractor overhead and profit as a part of the settlement of property insurance claims.

Ultimately, Ms. Doyle brought a claim against Zochem for wages in lieu of notice of termination; damages for sexual harassment under the Human Rights Code (Ontario); and moral damages for Zochem's treatment of her — which included the alleged failure to properly investigate her sexual harassment claim.

In this case, the Court of Appeal overturned an order by Justice Scott K. Campbell of the Superior Court of Justice who had applied the well - known Weber principle, and determined that the essential character of the claim was the employer's alleged misappropriation of, or failure to account for, employment insurance premiums belonging to its employees.

No. 766 dealt with the principle of discoverability in the context of a claim for damages related to a slip - and - fall accident that occurred as a result of the defendant's alleged failure to properly clear snow and ice.

Hathaway alleged that the shirt had both a manufacturing defect and a design defect, and he claimed that Cintas was liable for failure to warn of the risk of injury.

Dr. Carneiro's claim of constructive dismissal against Chelsea was based on the club's alleged failure to take any steps following her complaints about sexually explicit chanting at premier league games, a lack of female changing facilities at several matches, and the fact that she was regularly subject to sexually explicit comments from her work colleagues.

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

Defended a domestic automobile manufacturer in dozens of actions in Ohio against personal injury and fire damage claims involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel - off, transmission explosion, car jack collapse, wiring failures, and other alleged design, manufacturing, and warning defects.

LCF Law's professional negligence practice is particularly noted for acting for individuals in claims against solicitors arising from inheritance disputes, as demonstrated by Bradford - based Ragan Montgomery's representation of an individual in a claim against his stepfather's former solicitors alleging negligence for failure to take adequate instructions as to the extent of the deceased's estate in drafting his will and for failure to properly execute the will in circumstances where the solicitors knew of the deceased's pending marriage and terminal illness.

Acted for solicitor in a claim by client alleging failure to adequately advise on # 3m deal to sell commercial site subject to conditions.

Secured dismissal of action alleging breaches of fiduciary duties, conversion, fraud, tortious interference with expectancy, accounting, breach of contract, money had and received, and conspiracy in the U.S. District Court for the Central District of California on a Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim;

Claims against mortgage servicers under the FDCPA for alleged failure to provide debt validation and other practices;

Claims of an infant diagnosed with cerebral palsy and intellectual disability as a result of alleged failure to timely diagnose Hirschsprung's enterocolitis.

Represented various clients in response to Proposition 65 claim regarding alleged failure to provide Proposition 65 warnings for consumer product exposures and environmental exposures

ATC and CAR brought third party claims against Continental, alleging negligent manufacture of the engine, misleading repair instructions, and the failure to warn them about certain engine failures.

All Claims are brought by, or on behalf of, former Iraqi employees of the Defendants in Iraq, and all those contracted via third parties to offer services to the Defendants in Iraq between 2003 and 2009 and seek damages from one or more of the Defendants alleged injuries and / or financial losses caused by the alleged failure of one or more of the Defendants to adequately protect them or their Deceased relatives from risk of threats and / or injury from those opposed to the Defendants» presence in Iraq.

He is currently defending a claim by parents alleging failure to protect their child from bullying by peers, and a separate claim alleging breach of consumer rights.

They also argued that their failure - to - warn claim operated independently from the LIA, because it addressed alleged errors that occurred when the defendants manufactured or sold their products.

Recent instructions include: • Acting as Junior Counsel to Roddy Dunlop QC in a seven figure claim relating to failure by solicitors to obtain a standard security in relation to loan funds advanced by a commercial lender • Acting as Junior Counsel to Alistair Clark QC (as he then was) on behalf of the pursuers, a major commercial lender, in pursuing seven figure negligence claims against solicitors and surveyors relating to their advance of loan funds for the purchase of commercial property • Acting as Junior Counsel to Heriot Currie QC for one of the defenders (a firm of architects) in a seven figure multi-party claim relating to construction and design defects at a major shopping centre • Acting as Junior Counsel to Alastair Duncan QC for one of the defenders in a claim against both solicitors and counsel relating to alleged negligence by family lawyers relating to the preparation of a settlement agreement • Acting as sole counsel for the pursuer in a claim against solicitors for allowing the time bar of her clinical negligence action against a health board

The district court thought the failure - to - warn claim was came closer to stating a claim, but it still fell short: The plaintiff alleged neither why the labeling was inadequate, nor facts showing that the plaintiff was damaged by an alleged failure to warn adequately.

The claim alleged a repeated and continuous failure by Dunkin' Donuts between 1995 and 2005 to «protect and enhance» the Dunkin' Donuts brand in Quebec.

Plaintiff brought strict products liability and negligence claims involving an alleged failure to properly guard the subject machine.

We have defended our clients against alleged liability resulting from unlawful patent prosecution and the tying of IP assets; price maintenance and resale distribution problems; antitrust claims associated with the inappropriate use of copyrights, patents and trademarks; and the failure to meet the requirements of licensing agreements.

Architects — acting in defence of negligence claims for # 250,000 relating to alleged negligent design and alleged failure to inspect / supervise work.

For antitrust issues concerning standard setting, we have litigated many of the landmark cases addressing contractual and antitrust claims arising from alleged failures to timely disclose IP rights to standard - setting organizations, and failures to offer FRAND or RAND licensing terms to suppliers of products that support standards.

In relation to the alleged failures to carry on cases with proper care thus losing NIG the opportunity of securing a successful outcome at trial or by favourable settlement, Flaux J held that actual damage was suffered when as a consequence of a breach there was a material diminution in the prospects of an accepted claim's success.

As to the conduct breaches, Flaux J held that the alleged failures in notifying NIG when the prospects of scheme claims fell below 50 %, or its value fell below # 1,000, could be analysed in the same way as the vetting breaches and that actual damage was suffered at the point where there was a failure to notify.

Acted for Ball on its $ 8.4 bn purchase of Rexam, and advised both companies on the sale of $ 3.4bn - worth of their assets and operations in Europe, Brazil and the US to Ardagh Group; acted for Jacobs Douwe Egberts on its $ 5.8 bn secured, cross-border refinancing; acted for joint global coordinators and joint lead managers in a Rule 144a / Reg S $ 9bn bond offering by the State of Qatar; secured a win for Ukrainian businessman Gennadiy Bogolyubov in the English High Court against Tatneft which brought claims against the client and three other individuals following an alleged failure to pay for oil delivery by a Ukrainian refinery; acted for Endurance Specialty Holdings on its $ 6.3 bn acquisition by SOMPO Holdings.

Investigated and prepared technical reports on claims made against the city for alleged damages caused by suspected system failures.