Sentences with phrase «claims asserted related»
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.
http://www.marriottvacationsworldwide.com/ Not exact matches
The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»
When an investment firm requested a search of documents related to Sino - Forest Corp., the Chinese forestry giant once listed on the Toronto Stock Exchange, a due diligence software engine dubbed The Brain came up with an article that asserted the company didn't appear to own as much land as it claimed to.
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).
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.
Who knows, maybe he even wrote the recent Times editorial claiming that institutions teaching that homosexuality is morally questionable can not be trusted with the guidance of children, or the related editorial asserting that the Boy Scouts are not part of the American mainstream because they do not allow gay scoutmasters.
Based on an initial study of cranial morphology it was asserted that Kennewick Man was neither Native American nor closely related to the claimant Plateau tribes of the Pacific Northwest, who claimed ancestral relationship and requested repatriation under the Native American Graves Protection and Repatriation Act (NAGPRA).
Any dispute or claim relating in any way to this Agreement or AAPA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Member agrees that a Member must bring or assert all claims arising out of or relating to the Program or any element or portion of it, including these Terms and Conditions, within one year, to the extent legally permissible, after the facts giving rise to such claim occur.
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.
For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.
Indefiniteness is an invalidity theory, but it's one for the court, not the jury, to decide, which is why Samsung's related motion attacking four Apple patents (the asserted claim of one software patent, and four design patents) is technically a separate motion from its JMOL («overrule the jury») motion.
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.
The complaint also suffered from a lack of clarity, since the judge concluded that, despite the court's best efforts, she could not interpret «what claims are being asserted and what facts relate to each claim.»
Employers will need to weigh the additional costs of a nondisclosure provision, which include the tax on the settlement payment and related attorney's fees, and the value of a nondisclosure provision to the employer with respect to the specific claim asserted by an employee.
Taft's attorneys have substantial experience in cases asserting pension plan design allegations, cash balance pension plan design claims, including claims of whipsaw, wearaway and anti-cutback, retiree insurance claims, fiduciary duty claims, issues peculiar to pension plan mergers, other claims relating to employee welfare benefit plans, issues concerning summary plan descriptions and also claims concerning the efficacy of ERISA 204 (h) notices.
The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.
Represented a trust and estate beneficiary in a lengthy trial asserting undue influence and related claims against the defendant.
The «local controversy» exception applies when the following criteria are met: (i) greater than two - thirds of the putative class members are citizens of the forum state; (ii) at least one defendant from whom «significant relief» is sought, and whose conduct forms a «significant basis» for the asserted claims, is a citizen of the forum state; and (iii) principal injuries related to each defendant's alleged conduct were incurred in the forum state.
The Patent Trial and Appeal Board correctly rejected a patent application relating to a dog mobility harness device because the applicant did not solely invent the claimed subject matter on which he asserted sole inventorship, the U.S. Court of Appeals for the Federal Circui
Sunny focuses her practice on the defense of design and construction professionals, both independently and through their insurance carriers, in complex construction defect suits asserting a variety of claims, such as building and design - related deficiencies.
Represented company in, and settled, putative class actions asserting various privacy and tort claims related to major cyberattack
Representing financial institution in putative class action asserting federal and state law claims related to the provision of debit cards for juror service payments
Successfully represented national banks in appeal asserting putative class - action claims under the National Bank Act related to credit card late and overlimit fees
Representing financial institution in putative class action in bankruptcy court asserting discharge - injunction claims related to charged - off, sold credit card debts
I doubt they would attempt to assert copyright ownership over the original pleading itself and do recognize that they may have an independent claim of copyright in the database that they've compiled (and any other related summaries, keywords, indexing, etc. that they've added) to the extent that the criteria in CCH v. LSUC is met.
The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.
«If claimants assert that the usual limitation period on claims for breach of contract should not apply then we could see new arguments relating to asbestos exposure start all over again in the lower courts,» he says.
The panel discussed and evaluated current practical considerations in asserting and defending cybersquatting claims, trademark considerations in light of Uniform Domain Name Dispute Resolution Policy («UDRP») decisions, litigation concerns under the Anti-Cybersquatting Consumer Protection Act («ACPA») 1999 amendment to the Lanham Act, and related enforcement and defense approaches, as well as counseling strategies for assisting clients that are operating and staking claims online., Moderator, Trademarks, Domain Names & Cybersquatting, NY State Bar Association, IP Section Trademark Committee, 2016
Even though ArrivalStar was asserting claims that it almost surely couldn't assert, ArrivalStar sent another demand letter, this time related to U.S. Patent No. 6,317,060.
«The SEC's Office of Investor Education and Advocacy is warning investors about potential scams involving stock of companies claiming to be related to, or asserting they are engaging in, Initial Coin Offerings (or ICOs),» the agency wrote, adding that «Fraudsters often try to use the lure of new and emerging technologies to convince potential victims to invest their money in scams.»
Aon • Aided with ongoing representation of Aon in defense of claims related to Hurricane Katrina damages asserted by the Orleans Parish School Board.
An association has standing to bring a lawsuit on behalf of its members when: (1) the members have standing to bring the lawsuit on their own; (2) the interests that the association is seeking to protect are related to the association's purpose; and (3) neither the claim asserted nor the relief requested require the participation of individual association members.