Burges Salmon's market - leading environment practice has significant experience on all aspects of waste management compliance including EA investigations, corporate defence and
claims for costs recovery from clean - up.
In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining
claim for cost recovery under the Polanco Act.
Not exact matches
David Engel, an attorney
for Healthy Hoosick Water, said the agreement would allow the companies to seek
recovery of
costs incurred should anyone — including the village — attempt to bring personal injury or property damage
claims against the companies.
Standard Mileage Rate Restrictions: The business standard mileage rate may not be used
for a vehicle after using any depreciation method under the Modified Accelerated
Cost Recovery System (MACRS) or after
claiming a Section 179 deduction
for that vehicle.
To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any
claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such
claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal
for adjudication of any such
claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your
recovery will be limited to actual out - of - pocket
costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of
recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees
for bringing such
claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such
claim / dispute / cause of action, except
for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).
According to the UK Government, you can
claim interest and debt
recovery costs if another business is late paying
for goods or a service.
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.
The # 6.8 million
claimed as security by the defendant was reduced to # 1.75 million through an analysis of the defendant's likely reasonable
costs recovery and credit
for the protection provided to it by the claimants» ATE policy.
Various options are proposed to tackle the issue: rehabilitation vouchers - these address the point of «phantom» attendance
for rehabilitation, but may be complex to administer; all rehabilitation arranged and paid
for by defendants - the MoJ notes that this would help speed up access to treatment and increase independence and transparency; no compensation payment towards rehabilitation in low value
claims - the claimant would need to fund this and primary legislation would be needed to achieve this as at present there is no intention to restrict
recovery of special damages; expand MedCo to include rehabilitation providers; and introducing fixed recoverable damages
for rehabilitation treatment - the MoJ notes that this could be difficult and invites comment as to whether this would be achieved via a fixed
cost per session or by fixing an upper value limit that can not be exceeded.
You can also be entitled to
claim damages
for any expenses necessary to support your
recovery, such as medication
costs, nursing and rehabilitation care.
However, the failure of the claimant to keep the defendant informed that the
costs budget had been significantly exceeded was fatal to a
claim for a
recovery in excess of the estimate.
These
claims include
recovery of reimbursement that has been denied based upon allegations of incorrect CPT coding, lack of compliance with conditions
for payment, experimental treatment exclusions and reasonable
cost limitations.
The MLG arrangement discourages maximum commitment on behalf of the class because even if class counsel should win at trial, they will not be entitled to any compensation, whether from the
recovery (no such agreement is in place) or via the plaintiff's
claim for costs (no
costs can be awarded because the representative plaintiff has no liability to pay legal expenses.
We are also well - versed with respect to both prosecution and defense of
claims for environmental
cost recovery and defense of
claims for natural resources damages.
It appears to me that the purpose of permitting the
recovery of disbursements in the context of a
costs regime is to permit the
recovery of those expenses that arise inherently and directly from the issues in the case which relate, as the appellants suggest, to the direction, management, or control of litigation and which pay
for materials and services used to prove a
claim or defence.
U.S. mining company — defended a major domestic mining company in litigationof environmental
cost recovery and natural resource damage
claims by federal / state governments in federal bankruptcy court, received a favorable settlement
for the client
The Green Paper makes lots of proposals
for change, but principally the removal of the
recovery of after the event insurance (ATE) premiums and success fees from defendants, and the substitution of one way qualified
costs (QOCS) shifting in its place is set to savage a clients ability to have the confidence to bring a proper
claim.
In respect of all Associates, excluding Quebec, the
claim seeks damages
for excessive charges by Shoppers Drug Mart in respect of
cost recovery fees and equipment rentals and leasing, as well as commercially unreasonable procurement and inventory policies.
Damages recovered from an Illinois personal injury
claim may vary and can include
cost of medical bills, lost wages during treatment and the
recovery period, future
recovery costs, pain and suffering, and punitive damages to punish the defendant
for negligent or careless actions.
This type of non-sensical goal is replicated in many other aspects of the
costs recovery process in the
claims we handle and undoubtedly results in wasted
costs for the NHS, as well as having a massive impact on cash flow
for law firms.
Generated timely and accurate responses to data requests from Wholesale Customers, Utility Commission Public Staff, Insurance
Claims for Coal Ash Cleanup
costs, supporting
cost recovery.
While
recovery professionals can measure the dollar
cost of putting structures back together and insurance companies can talk about
claims paid, it's much harder
for us to measure the ongoing financial aftermath on survivors.