Sentences with phrase «common law action against»

Even so, common law action against greenhouse gas emitters via appeals to property rights violations has been tried in AEP v Connecticut.

Not exact matches

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

It was in respect of her containment that the appellant brought an action against the Commissioner for damages at common law for false imprisonment and under s 7 of the Human Rights Act 1998 (HRA 1998) in respect of her right to liberty as guaranteed by Art 5 of the Convention.

Canadian Common Law jurisdictions do recognize actions against insurers for failing to protect the underinsured interests of policyholders.

It replaces the common law defence of «fair comment» with the statutory defence of «honest opinion», and takes a potshot at «libel tourism» by providing that the courts should not deal with actions brought against non-UK or non-EU residents unless satisfied it is appropriate to do so.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

Stuart advises and appears in non — matrimonial property disputes (TOLATA cases), Inheritance disputes, residential landlord and tenant and disrepair cases and general common law cases including professional negligence, professional conduct and disciplinary proceedings, actions against the police, inquests, personal injury and contractual disputes.

He has experience litigating claims against healthcare providers under the Racketeer Influenced and Corrupt Organizations Act (RICO) and various other statutory and common - law causes of action.

At common law, a spouse had two causes of action for offenses against the marriage relation: enticement or alienation of affections, and seduction or criminal conversation.

The industry subsequently expanded to fund class actions and large single plaintiff actions as successive superior court judgments overturned common law principles against maintenance and champerty, imported from UK common law.

Historically, the practice of funding legal action in exchange for future remuneration has been governed by the common law doctrines of champerty and maintenance, which emerged to safeguard a party's best interests and protect the administration of justice against abuse from nonparties.

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.

The Committee rejected the argument that the common law is the standard against which legislative actions should be judged as non-discriminatory.

The term has its historical roots in the common law tradition where the tort of alienation of affection was a cause of action against a third party adult who «steals» the affection of the plaintiff's spouse.