Sentences with phrase «claims asserted -lsb-»

The plaintiff lays out his or her issues in the complaint, and the defendant responds by denying liability for the claims asserted by the plaintiff.

The court dismissed all of the claims asserted by the purchaser.

The parties will consider what areas of the claim will not be considered (that is, over which the Noongar peoples» rights have effectively been extinguished) and negotiate the six underlying regional claims asserted by the small distinct groups that form the single Noongar population.

And Professor Jason Schultz of NYU Law School (and EFF special counsel) explained that demand letters should include basic information such as the specific patent numbers and claims asserted, who owns those patents, and the products or services that allegedly infringe.

Obtained with - prejudice dismissal of business tort claims asserted by one bio-tech company against a competitor.

Still further, Miller argues that these assertions are speculative and not empirically justified, are overstated, and simply reflect the self - interest of various groups that seek to terminate claims asserted against them as early as possible to avoid both discovery and a trial.

Accordingly, the Department is requesting public comment on factors to be considered in evaluating undue hardship claims asserted by student loan borrowers in adversary proceedings filed in bankruptcy cases, the weight to be given to such factors, whether the existence of two tests for evaluation of undue hardship claims results in inequities among borrowers seeking undue hardship discharge, and how all of these, and potentially additional, considerations should weigh into whether an undue hardship claim should be conceded by the loan holder.»

Federal cases involving claims asserted by one business against another for breach of contract, a specific business tort or for both are defined as «commercial» in legal analytics.

Defended pharmaceutical manufacturer against breach of contract and fraud claims asserted by a drug broker in Ohio federal court that settled after one week of trial.

In a career spanning over 36 years, Mr. Ramos has achieved over $ 5 billion in monetary recoveries for his clients, obtained injunctive relief in numerous matters, and successfully defended hundreds of clients in defeating claims asserted, on an individual or class basis in court and regulatory proceedings and arbitrations, in IP, antitrust, securities, products liability, environmental, executive compensation, employee benefits, contract, warranty, insurance, corporate control, merger, hostile takeover, real estate, landlord - tenant, oil and gas, auction, tax, and theatrical and art law disputes.

As an international family lawyer who represents both men and women of Indian origin, I have handled several matters in which wives of Indian origin living outside India have used the «498A» law to effectively bar their estranged husbands, also living outside India, from traveling to India to attempt to secure the return of their abducted children or to defend themselves against financial claims and custodial claims asserted in Indian matrimonial proceedings.

While claims asserted under the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Equal Pay Act (EPA) typically do not permit emotional distress damages and limit punitive damages (also known as «liquidated damages») to the amount of the back pay award, they carry a two (2)- year limitations period which can be extended to three (3) years in the case of a willful violation.

In some cases, attorneys succeed in forcing defendants to spend millions on discovery, even though the claims asserted are invalid.

Defense of Samsung Electronics in defense of trademark infringement claims asserted by Research In Motion («RIM») involving Samsung's «BlackJack» and «Black Carbon» and RIM's «BlackBerry».

In this capacity, he has helped to develop their legal and substantive defenses to claims asserted on a number of different theories.

In addition, although the negligent supervision claims asserted against Smith were not predicated on piercing the corporate veil, the Court of Appeals ruled that they were also properly dismissed.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

We also defend title insurance underwriters in consumer class actions, and serve as national counsel for a major title insurance underwriter defending claims asserted under closing protection letters.

Specifically, the Court found that under the controlling law in the Second Department, the negligence claims asserted accrued when the allegedly inadequate umbrella policy was procured and issued.

Defended a parish and diocese of the Episcopal Church against claims asserted by a former parishioner that he was abused by a member of the clergy in 1977.

[Similarly pleadings would look markedly different] if the level of the initial filing fee [was] tied to the quantum of damages sought or the number of claims asserted -LSB-.]

Our firm also has successfully represented owners in defense of wrongful and inflated lien claims asserted against their property.

Filed emergency application seeking temporary restraints / injunction in NY Supreme Court against one of the largest integrated health systems in the U.S. concerning breach of contract claims asserted by voluntary benefits broker, which resulted in near immediate settlement of claims favorable to client.

The Indiana Court of Appeals affirmed the judgment issued by the Marion Superior Court that the claims asserted by Plaintiffs Crystal and William West are not claims for medical malpractice and, as such, are outside the purview of the Indiana Medical Malpractice Act.

And former Kozinski law clerk Circuit Judge Sandra S. Ikuta issued an opinion concurring in part (and by implication dissenting in part) in which she makes clear that, in her view, the Communications Decency Act should protect the web site from all claims asserted under the Fair Housing Act that are based on information supplied by the web site's users.

Our firm successfully guides clients through these complex employment matters, and we also defend clients against claims asserted by third parties (regarding negligent hiring, supervision and retention, etc.) and employees (discrimination, harassment and breach of contract, etc.).

The Indiana Court of Appeals affirmed the judgment issued by the Marion Superior Court that the claims asserted by Plaintiffs Crystal and William West are not claims for medical malpractice

Defended helicopter manufacturer and its parent against contract, tort, and trade practice claims asserted by Argentine sales representative arising from contract termination.

The practical answer to this question is to expressly and realistically allocate the settlement payment among the claims asserted.

Mr. McShane successfully defended International Paper Company against over $ 200 million in claims asserted by a plaintiff who claimed International Paper had breached an obligation to provide financial and technical support to a joint venture for the development and marketing of children's clothing products.

It involved the issues of whether PMA was obligated to defend and / or indemnify Penn State with respect to claims asserted by numerous alleged Sandusky victims and raised novel issues of insurance coverage law.

Mr. Regan successfully defended a surety against bad faith claims asserted by a bond principal in an effort to extinguish a $ 100 million indemnity obligation stemming from a contractor default.

various corporations in Laidlow claims asserted by employees seeking to circumvent the Workers» Compensation bar.

The agreement precludes further litigation of the claims asserted in the current lawsuit.

A deed in which the grantor conveys title to the grantee and agrees to protect the grantee against title defects or claims asserted by the grantor and those persons whose right to assert a claim against the title arose during the period the grantor held title to the property.

In exchange for agreement by myself, Michael, and Rich not to seek recovery of legal fees, ASB agreed to release all claims asserted against me, Michael, Rich, and Writer Beware, and to stipulate to Dismissal With Prejudice.

Adjusted EBITDA, as adjusted for organizational and separation related costs and claims asserted related to a Luxury segment project, was $ 28 million in the second quarter of 2012, an increase of $ 6 million from Adjusted EBITDA on a pro forma basis of $ 22 million in the second quarter of 2011.

«It is hereby stipulated and agreed, by and among Benchmark, Kalanick and Uber, through their undersigned counsel,» wrote Delaware Court of Chancery Judge Sam Glasscock III in his order, «that this Action and the claims asserted therein are dismissed with prejudice, and that each party shall bear its or his own costs, fees and expenses.»

In a ruling last week, Judge Ernest Goldsmith said Google could arrange its search results however it wants, as it «met its burden of showing that the claims asserted against it arise from constitutionally protected activity.»

The claim asserted that employees suffered a loss when Target discontinued the discount, as they no longer enjoyed a discounted rate on goods they purchased relative to the general public.

Plan sponsors using our Fiduciary Investment Services can expect protection from liability arising from third - party claims asserting a failure to exercise the appropriate standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.

As political scientists, we need to think deeply about how to scale up our research and think critically about the questions we are asking, the hypotheses that we formulate, the causal claims we assert, and — generally — how we design our research.

His notice of claim asserted that Mahoney was violating her «fiduciary duty» to county taxpayers by socializing with Dixie.

Last March, Antonacci filed a notice of claim asserting his right to sue the county over the incident.

The Mail on Sunday claimed it asserts Brown barged a member of staff, took over typing of his speeches by pushing a secretary aside, and issued expletives when it was reported he had been snubbed by President Obama.

Plaintiffs» equal protection claims assert that the Challenged Statutes violate their fundamental rights to equality of education by adversely affecting the quality of the education they are afforded by the state.»

Additionally, «we» or «us» shall mean any third party providing benefits, services, or products in connection with the Account (including but not limited to credit reporting agencies, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.

Various post-modernist claims assert painting's downfall; for some, painting was considered an exalted form of letter - writing, which avoided broader economic, gender, and class issues that could potentially project art into wider social contexts.

I can not see how adding nuance to the degree of future catastrophe the claim asserts will make it any more or less convincing.

A second claim asserted negligent product liability for resellers of medical products.