Sentences with phrase «contract claim against defendant»

Not exact matches

Acting (with Thomas Grant QC) for the defendant in a claim brought by an international car hire company against an English automotive repair company under long - term service contracts, where it is alleged that the repair company dishonestly carried out millions of pounds of unnecessary work.

The case involved issues as to the interpretation of DIFC regulatory law and claims against the defendant bank in both contract and tort.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

In Harlequin Property (SVG) Ltd v Wilkins Kennedy [2016] EWHC 3233 (TCC), [2017] All ER (D) 11 (Jan) Coulson J had dismissed most of the claimant's claim against the defendant but did allow a sizeable claim based upon negligent advice in respect of the building contract.

[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant seeking damages in the amount of $ 14,933.22 for breach of contract.

Carriage of goods by air — Carrier claiming air freight from defendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriagdefendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriagDefendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriage by air.

Represented public works contractor claiming unpaid retention, change order work, and fraud against school district and individual defendant, and defended contractor against breach of contract and false claims by district in three - week California state court jury trial.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

The Plaintiffs (property developers) had instituted proceedings against the Defendants in November 2014 claiming both breach of contract and negligence against the Defendants in relation to the construction of two houses in Co..

Kathy has also defended an international dialysis services provider against RICO claims in federal court based on allegedly fraudulent billing activity, represented a pharmaceutical services provider in a billing dispute with a chain of nursing homes, defended home health agencies in suits brought by employees pursuant to the Fair Labor Standards Act, and represented other providers and associations of providers as plaintiffs and defendants in a variety of matters in federal and state court involving issues ranging from contract interpretation to cash receipts assessments to the federal Individuals with Disabilities Education Act.

As there was no privity of contract between the plaintiffs and the Ameron defendants, the plaintiffs» claim against the Ameron defendants was based in negligence, alleging, inter alia, that the paint was unsuitable for the project.

The plaintiffs then brought suit against the various defendants, asserting claims for, inter alia, fraud, intentional infliction of emotional distress, breach of contract, negligence, negligence per se, and conversion.

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and / or Nigeria acted fraudulently.

«In my view the plantiff's claim discloses a cause of action in breach of contract against the defendants,» wrote Justice Campbell.

In Searl v. Ogden Board of REALTORS ®, the Tenth Circuit addressed a discount broker's antitrust and interference with contract claims against the Ogden Board of REALTORS ® (Board) and several individual and corporate defendants.

Schuckman Realty v. Marine Midland Bank (244 A.D. 2d 400)- broker not entitled to recover a commission from defendant under contract theory where broker entered into brokerage agreements with parties other than the defendant; broker's claim against defendant in quantum meruit fails due to the existence of a valid and enforceable agreement governing the particular subject matter (i.e., commission agreement between broker and other parties).

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition