Sentences with phrase «cognizable claims»

The trial court dismissed the entire lawsuit, ruling that the Fords had failed to allege cognizable claims against the Salesperson and the Brokerage.

But other «allegations scattered throughout» Sevier's proposed amended complaint could give rise to cognizable claims, Furse said.

A trial judge dismissed the complaint, saying Roe failed to state a cognizable claim and did so too late.

The SJC's decision is a common sense approach that spares plaintiffs from being forced to file Section 5 property damages claims before they know whether they have a cognizable claim, risking dismissal and wasting judicial resources.

Not exact matches

The circuit found that the EEOC's claim that Venters was fired «because she was lactating or expressing milk» stated a cognizable sex discrimination claim under Title VII.

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

The Vass lead plaintiff presented a colorable, albeit unsubstantiated, claim under Chapter 93A, while the Shaulis court rejected its plaintiff's arguments about cognizable injury.

As Rosalind English has commented in this blog, there is some way to go before it is worked out exactly which Charter rights are cognizable in claims between private parties and which are not.

Successfully moved to dismiss the claim arguing that indirect economic harm from the loss of «key employee» services, absent any direct injury to the employer, is not cognizable — an issue addressed by only a handful of courts throughout the country and one of first impression in New Jersey.

In its decision last week, the Supreme Court affirmed a circuit court's judgement, holding that disparate impact claims are cognizable under the Fair Housing Act, and are an important component to the Fair Housing Act's role in moving the country toward a more integrated society.