Most recently, in August of 2009, Mr. McErlean tried a case to a jury for a client who obtained a $ 2.2 million verdict in federal district
court on a breach of motor carrier agreement and, in October 2009, tried a case for an oppressed minority shareholder client who after a bench trial obtained a $ 3.5 million judgment in a fair value proceeding.
The CJC says there is growing concern about the way such injunctions are being sought and / or used; the powers afforded to the courts (principally the county court, although the youth court can grant civil injunctions against juveniles); the limited powers available to the county
court on breach; whether third parties should be involved in the process, and whether breaches of these orders are then a shortcut to mandatory possession orders.
He was later arraigned before Justice Yusuf Baba of the Abuja High
court on breach of trust and was granted bail but the order was also refused to be obeyed by the security operatives.
Not exact matches
Pearson filed the suit
on Monday in the U.S. District
Court of New Jersey, saying Valeant
breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.
In addition, four stockholder derivative lawsuits have been filed in California purportedly
on behalf of HP stockholders seeking to recover damages for alleged
breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior
Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior
Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior
Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior
Court on September 25, 2006.
Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed
on September 19, 2006, and Gross v. Babbio, et al., filed
on November 21, 2006, were filed in Chancery
Court, County of New Castle, Delaware; both seek to recover damages for alleged
breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further
breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged
breaches of fiduciary duty.
The Competition Tribunal appeal hearing between The Commissioner of Competition and The Toronto Real Estate Board (TREB) began Monday in the Federal
Court of Appeal with TREB once again arguing that clients» privacy rights will be
breached if certain data is exposed
on the Internet
on virtual office websites (VOWs).
András Léderer, advocacy officer at the Hungarian Helsinki Committee, condemned the Prime Minister's stance and said: «This practice of ignoring the interim measures of the
court not only
breaches the convention and Hungary's obligations but has severe effects
on our clients and must end immediately.»
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The Federal
Court yesterday found Woolworths
breached its undertaking
on fuel shopper dockets from January - March this year, because its 8 cents per litre discount was contingent
on acquiring Woolworths supermarket goods or services.
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on or in connection with or obtained from the Website, Your violation of this Agreement, Your
breach of any of the representations and warranties contained herein, or Your violation of any rights of another.
A lawsuit filed in United States District
Court by former Louisville Cardinals basketball coach Rick Pitino
on Thursday sued the school's athletic association for $ 38.7 million for
breach of his contract.
His successor, Fabio Cannavaro, who was recently handed a 10 - year sentence for
breaching a
court order, will stay
on as coach.
I was re-employed
on the Wednesday after my Union the GMB stated the company was in
breach of the health and safety rules, and they would be taking the company to
Court and a tribunal.
In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no
breach of EU law because «if a teacher brought a claim against a school (
on the basis that the school, as an employer, had discriminated against them in their remuneration, for example), then the
court or tribunal would consider the legislation in this wider context.
But Adegboyega Adeniyi, justice of the Abuja
court,
on Wednesday, held that the EFCC did not
breach any law by holding him, stressing that the detention was not illegal since it was backed by an order of
court.
You were recently invited to talk about the principle of Magma Carta
on a BBC programme which was broadcast live across the globe.The right to personal freedom means that no man may be punished, imprisoned, or coerced, except for
breach of the law proved in a legal manner before an ordinary
court, and this right flows directly from the provisions of Magma Carta, the Petition of Right, 1628, and the Bill of Rights, 1968.
He also asked the
court to void the recall process
on the grounds that it was commenced in
breach of his fundamental right to fair hearing.
Despite his frail health, the Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh
on Wednesday showed up at the Federal High
Court, Abuja, for his trial which borders
on a seven - count charge of criminal
breach of trust and money laundering to the tune of N400m brought against him by the Economic and Financial Crimes Commission (EFCC).
«It is respectfully submitted therefore My Lord, that
on the basis of the grounds argued above, of Lack of, or Excess of Jurisdiction, Procedural Irregularity and
breach of the rules of natural justice it is submitted that the decision of the National Disciplinary Committee dated 2nd December, 2015 and endorsed by the National Executive Committee
on 10th December 2015 be brought up to this
court for purposes of having same quashed.»
The Federal High
Court, Abuja,
on Tuesday, struck out the
breach of fundamental human rights suit filed by wife of former President Goodluck Jonathan, Mrs Patience Jonathan.
The Federal High
Court, Abuja,
on Tuesday, struck out the
breach of fundamental human rights suit filed by wife of former President Goodluck Jonathan,...
Newspapers had argued that tough sentences would hamper free speech, and also raised concerns that there was no guarantee the
courts would agree with journalists
on what was in the «public interest», and therefore justified
breaching data protection laws.
«Last year, the Supreme
Court ruled that while it is willing to consider whether the lack of a right to die
breaches the European Convention
on Human Rights, it thought that Parliament should first have the opportunity to legislate
on the matter.
The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President
on or about 27th November within the jurisdiction of this Honourable
Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal
breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.
«That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser
on or about 12th December 2013 in Abuja within the jurisdiction of this Honourable
Court, and in such capacities entrusted with dominion over certain properties to wit: N90million which was in the account of the ONSA with Diamond Bank Plc, committed criminal
breach of trust in respect of the said property by remitting the said sum into the account of Brains and Hammers Limited for the purchase of 7 - bedroom duplex house at No. 11 Mansur Bamalli Drive (D1064), Apo 1 Abuja and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.
In March 2011, an application for a Judicial Review in the High
Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees
breached the European Convention
on Human Rights.
The Constitution and other laws were
breached with impunity while
court orders were disobeyed
on a regular basis.
*** Says he is not scared of trial The former National Security Adviser, Colonel Mohammed Sambo Dasuki has asked an Abuja High
Court to consolidate the two criminal charges bordering
on alleged corruption and
breach of trust brought against him by the Federal Government in -LSB-...]
The former National Security Adviser, Colonel Mohammed Sambo Dasuki has asked an Abuja High
Court to consolidate the two criminal charges bordering
on alleged corruption and
breach of trust brought against him by the Federal Government in the course of his official duties.
Also at 12:45 p.m., Coalition of Westchester organizations hold a press conference and rally calling
on the
court to enforce a 2009 desegregation order ahead of a hearing this afternoon on remedies to hold the county accountable for allegedly breaching its 2009 Consent Decree with HUD, steps of U.S. District Court, 500 Pearl St., Manha
court to enforce a 2009 desegregation order ahead of a hearing this afternoon
on remedies to hold the county accountable for allegedly
breaching its 2009 Consent Decree with HUD, steps of U.S. District
Court, 500 Pearl St., Manha
Court, 500 Pearl St., Manhattan.
The British Humanist Association (BHA) has today commented
on a
Court of Appeal judgment that has found the admissions criteria of the Jewish Free School (JFS) in
breach of the Race Relations Act 1976.
Embattled former Chairman of DAAR Communications, Chief Raymond Dokpesi has failed in his bid to regain freedom after being docked
on Wednesday
on a six - count charge bordering
on alleged procurement fraud and
breach of public trust to the tune of N2.1 billion before Justice Gabriel Kolawole of the Federal High
Court sitting in Abuja by the EFCC.
«That you Stephen Oronsaye a.k.a. Mr Steve Oronsaye
on or about 30th December, 2014 at Abuja within the jurisdiction of the High
Court of the Federal Capital Territory whilst being the Chairman of the Presidential Committee
on Financial Action Task Force and in such capacity entrusted with certain property to wit: the sum of N100, 000,000.00 (One Hundred Million Naira) committed
Breach of Trust in respect of the said sum by converting it to your personal use through the investment of the said sum of N90, 000,000.00 in Access Bank Plc's Bankers Acceptance for a tenor of 90 days at 12.0 % interest rate each in violation of the extant financial regulations».
McKinnon's lawyers had argued that sending him to the US would
breach his human rights, be an abuse of the English
court process and should be barred as his extradition was sought «for the purpose of prosecuting him
on account of his nationality or political opinions».
Generally,
courts have found that the mere fact that a serious injury may occur to a student who is playing
on play equipment or playing sport at school does not automatically result in a finding that the school has
breached its duty of care.
Not providing training, especially
on critical Health & Safety and business protection issues, is not an option (unless you want to end up in
court explaining a
breach of policy, or worse a serious accident and injury).
The unanimous decision, which marked the first time the high
court had heard a case
on the subject, clears the way for Laramie County School District No. 1 to pursue its $ 200,000 negligence and
breach - of - contract claim against the architects of a school that began to crumble less than 10 years after it was built.
Grahame - Smith, who unleashed the zombie mashup
on the world with the surprise 2009 hit Pride and Prejudice and Zombies, and went
on to write the bestseller Abraham Lincoln: Vampire Hunter, is being taken to
court by Hachette for
breach of contract.
On the duty to monitor questions, «the
court does not suggest that in all duty to monitor cases a fiduciary would
breach their duty the day a fund becomes imprudent.
Following some lengthy analysis of the facts and the previous decisions in the case, the district
court «concludes that defendants are liable for
breaching their fiduciary obligations and are liable beginning
on August 16, 2001 — or for three funds the later date institutional share classes become available — for the actual loss in excessive fees paid and for the lost investment opportunity of this
breach.»
In addition, a
breach or default of
court judgment can be placed
on the borrower's credit record.
Here, a major legal battle went through the UK
courts to try to determine whether it was fair for the banks to have been levying charges
on consumers of up to # 39 for a
breach of overdraft.
On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court of California for the County of San Mateo alleging breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held on February 6, 200
On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior
Court of California for the County of San Mateo alleging
breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held
on February 6, 200
on February 6, 2009.
On August 25, 2009, The Pennsylvania Funds filed a class action lawsuit in the Superior Court of the State of California, County of Alameda, purportedly on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc
On August 25, 2009, The Pennsylvania Funds filed a class action lawsuit in the Superior
Court of the State of California, County of Alameda, purportedly
on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc
on behalf of the stockholders of Avigen, Inc., against Avigen and its directors, alleging that Avigen's directors
breached their fiduciary duties to the stockholders of Avigen in connection with the proposed acquisition of Avigen by MediciNova, Inc..
As a result, Nintendo filed a lawsuit claiming
breach of contract and attempted, in U.S. federal
court, to obtain an injunction against the release of what was originally christened the «Play Station»,
on the grounds that Nintendo owned the name.
No, according to Mr Justice Charles in the Administrative
Court in February who,
on the facts, upheld a decision of the Adjudication Panel Appeal Tribunal that the councillor's behaviour
breached the Code of Conduct (the Code) whilst remitting the issue of sanction to a differently constituted Appeals Tribunal (R (Mullaney) v The Adjudication Panel for England [2009] EWHC 72 (Admin), [2009] All ER (D) 102 (Feb)-RRB-.
However, London's reign as arbitration capital may be under threat after last week's European
Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agree
Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a
court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agree
court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state
on the ground that such proceedings are in
breach of an arbitration agreement.
In December 2016, the Federal
Court of Appeal allowed the appeal of the Governor General in Council and six federal government ministers, after the Federal
Court found they had
breached their duty to consult the Mikisew Cree
on the development and introduction in Parliament of two omnibus bills that reduced federal regulatory oversight of works and projects that might affect the Mikisew Cree's treaty rights.
Allianz's position
on appeal was that reg 44/2001 provides that, when the
court of one European member state becomes seised of a matter, all other European
courts must not allow the same matter to proceed until the
court first seised has ruled, even if the proceedings first seised have purportedly been brought in
breach of a jurisdiction agreement.