Sentences with phrase «claims asserted against»

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.

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.

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

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.»

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.

And what I find is lawyers again tend to think, «Gee, I'm never gonna have claim asserted against me.

So with your 300/600, 000, if you had a claim asserted against you, the most they would pay would be $ 300,000.

«FF's Complaint is largely a copy of its arbitration demand against the individual employees and is simply a restyled version of the breach of contract claim asserted against the Former Employees,» EVelozcity wrote.

Not exact matches

No taxing authority is asserting or threatening to assert a claim against the Company under or as a result of Section 482 of the Code or any similar provision of any foreign, state or local Tax law.

Of the 1,266 Irma - related claims filed against Citizens in January and February, 59 percent challenged the company's decisions about the scope of damages, asserting that the amount of money paid to restore homeowners to their pre-loss conditions was inadequate.

On June 11, 2015, the Court issued an order (the «Claims Procedure Order») approving the claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31,Claims Procedure Order») approving the claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31,claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31, 2015.

Von Hayek and his comrades assert that the roots of the crisis are to be found in the ominous and excessive power of unions, and in a more general way, of the labour movement; according to them, unions have undermined the base of private accumulation (of investment) by their salary claims and by their pressure against the rise by the State of the parasitical social expenses without end.

Their author writes to warn the churches against false teachings, particularly the claims of entire sanctification and the Gnostic heresies asserting a special illumination, which were upsetting them and causing divisions.

A family that lost eight members in a shooting at a small Texas church earlier this month has filed a wrongful death claim against the US military, asserting the Air Force's negligence helped the gunman acquire his weapons.

It seems that there are further basic arguments which Hartshorne could level against Craighead's claim, charging, for example, that it is a fallacy of composition to assert that because we can conceive of the nonexistence of some things we can conceive of the nonexistence of all things.4 Craighead has in fact anticipated that fallacy charge as it applies in this issue (ECCC 122f).

Accordingly, You agree to not assert any claims of any manner against the Menus Provider for any information presented on or through the Software.

She also asserted that Democrats should go after GOP districts in which Congress members spoke out against Trump and won re-election anyway, and which Democratic presidential nominee Hillary Clinton won, claiming that there is an «enlightened electorate» voting in those areas.

The document, discovered by the Republican caucus on March 22, was hand delivered to the County Attorney on February 3 and included directives from Chairman Jenkins to Meehan to «answer the verified petition and assert cross claims» against County Executive Astorino, and therefore take a position on behalf of the 38 workers against the taxpayers of Westchester.

If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim («Notice»).

Upon receipt of an arbitration claim, OkCupid may assert any counterclaims it may have against the complaining party.

We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be advertised from time to time on our site, or that may be accessible through links from our site, and you release Carprices.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in such sweepstakes or contest offer.

We will continue to assert our intellectual property rights and defend against Apple's claims to ensure our continued ability to provide innovative mobile products to consumers.»

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.

With respect to a consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee.

Rights of the buyer under this section can only be asserted as a matter of defense to or setoff against a claim by the assignee.

In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.

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 most cases, PBGC asserts a claim against the plan sponsor and other liable entities for these funds on behalf of the plan.

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 ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST PreFlight OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE.

BY ACCESSING CRYTEK SERVICES THROUGH XBOX LIVE © YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING CRYTEK SERVICES THROUGH THE XBOX LIVE © SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT OF SUCH DAMAGES OR YOUR USE OF CRYTEK SERVICES.

Today, in times of resource scarcity, global warming and impending nuclear conflict, this claim is being boldly asserted once again — in the form, however, of a private - sector undertaking driven primarily by US tech billionaires from the new space industry, not least — as they claim — in order to secure the survival of mankind against home - made planetary collapse.

However, I have not asserted that there is evidence against there having been any warming: YOU ARE CLAIMING THERE IS EVIDENCE THAT THE ABSENCE OF THE «HOT SPOT» IS EVIDENCE THAT THERE HAS BEEN NO GLOBAL WARMING FROM ANY CAUSE.

You've asserted benefits you claim are related to measures by governments that favor the fossil industry against the interests of the rest of the economy.

In asserting a claim of self - defense you are essentially admitting to the charges against you, but offering a legal justification for your actions.

If an employer suddenly terminates an employee because he asserts his civil rights, the employee might have a claim of retaliation against his employer, based on the timing of the employer's actions.

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.

If your doctor believes that you have sustained a back injury, then you need to take steps to protect your legal rights and to assert your claim for damages against those who are responsible for your injury.

Sebastian Jungemeyer has been acting for a foreign mail - order business in the entertainment sector in asserting payment claims, while Stefan Osing represented AXA in liability proceedings against several architects, engineers and construction companies.

If you were injured and need to assert a workers» compensation claim, or if your claim was wrongfully denied, we will represent your rights against those who owe you compensation.

If your employer does not offer workers» compensation to employees who are injured, you may be able to assert a personal injury claim against the company.

For better or for worse, our system is set up as an adversarial one where persons claiming damages for harm suffered (called «plaintiffs») assert these claims against the persons who caused the harm (called «defendants»).

The plaintiff asserted numerous claims against GEICO.

Whenever a legal claim is asserted against a government agency (such as Caltrans), a special set of legal rules apply.

The «Steve Jobs patent» is theoretically being enforced against Samsung through an ITC import ban that entered into force in October 2013, but simultaneously with an infringement finding relating to older products, the ITC cleared Samsung's designaround products for this patent, including among various others the Galaxy Note, because the ITC concluded that they don't practice at least one limitation of the asserted claims of the» 949 patent.

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.

However, the CJEU considered a claim for damages brought against the European Union pursuant to Articles 268 and 340 (2) TFEU an effective remedy of general application for asserting and penalising such a breach, «since such a claim can cover all the situations where a reasonable period of time has been exceeded in proceedings» (para 93).

State rules against subjective claims «remain one of the last bastions of restrictions on attorneys» advertising,» Stern asserts.

It was submitted on behalf of the defendants that Mr Imerman could not assert a claim of breach of confidence against Mrs Imerman because they were husband and wife at the time the server was accessed and therefore no right of confidence existed between them («there is no such duty, no such right enforceable against the other»).