Sentences with phrase «damage claims based»

Represent client as lead defense counsel in an environmental class action brought by homeowners asserting nuisance and property damage claims based on allegations that a neighboring industrial site contaminated the water table.

The successful education claim marks the first occasion on which the English Courts have upheld a damages claim based on a breach of A2P1, after two Supreme Court judgments as a result of which such claims had failed (A v Head Teacher and Governors of Lord Grey School [2006] 2 AC 363 and A v Essex County Council (National Autistic Society intervening)[2011] AC 280; [2010] UKSC 33).

Hyundai Heavy Industries and Ors v. British Airways: Junior Counsel for the Claimants in damages claim based on both EU and foreign law.

The case will therefore be of interest not only because it is the first example of a successful damages claim based on A2P1 in this jurisdiction, but also because of its implications for local authority's duties towards homeless children of compulsory school age, including those that they elect to accommodate in a different local authority district.

Recent work includes acting for Sainsbury's against MasterCard and Visa pursuing damages claims based on the allegation that the interchange fees charged by MasterCard and -LSB-...]

Has been involved in litigation involving multiple damages claims based on Francovich arising from the failure of Government to implement EU directives in the field of insurance, financial services, tax and also in both stand alone and follow - on actions for damages arising from cartels for example in the vitamins cartel and the air cargo cartel.

Not exact matches

It is seeking injunctions against continued sales as well as claims for additional damages based upon ongoing sales.

Homeowners without flood insurance could only make insurance claims based on hurricane wind damage.

In exchange for using the website, you agree not to hold Ensemble Capital, its advisors and affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the website.

A rocket called the M - 75, based on the Iranian Fajr - 5, which Hamas claims is produced in the Gaza Strip, hit a building in Rishon Lezion in that campaign, causing a great deal of damage.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in any Aberdeen Group survey, entrants agree that Aberdeen Group and any other applicable sponsor, and its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, web site providers, web masters, Aberdeen Group and their respective officers, directors, employees, representatives, and agents (The «Released Entities»), will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, entry, or participation in any survey contests or in any survey contest related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery.

All Christian claims that Judaism confesses a God of law in the formal / legal sense in contrast to a «Christian God» of grace are based on false views of fulfillment; such views not only damage Christian - Jewish relations but are devastating for the life of the church itself.

Some of the most damaging to the original findings claimed that polywater did not actually exist — i.e. the findings were based upon a poor scientific process.

You agree to indemnify, defend and hold Atlantic Coca - Cola Bottling Company harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and / or use of this web site.

By submitting an Entry, each Participant (whether declared a Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of DeliciousBaby on all matters relating to this Giveaway which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Giveaway or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Giveaway Entities, and each of their respective officers, directors, licensors, employees, representatives and agents (collectively, the «Released Parties») from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third parties.

You hereby release and forever waive any and all claims you may have against Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of Fertility Center of Las Vegas, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of the website.

The Participant hereby waives any rights or claims to attorney's fees and indirect, special, punitive, incidental, or consequential damages of the Participant, identifiable persons, or third parties, whether foreseeable or not and whether based on negligence or otherwise.

The document highlights a 1982 lease agreement preventing certain claims for damages at Stewart Air National Guard Base.

Based on previous studies, we can safely claim that lifting speed affects important factors that promote hypertrophy and strength development such as muscle damage, time under tension and metabolic stress.

Though largely unproven by actual research, this mechanism is likely the basis of the claims that it reduces oxidative damage and has anti-aging effects.

In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

«Critics of college - and university - based teacher preparation have made many damaging claims about the programs that prepare most U.S. teachers,» their report says, «while touting the new privately - financed and - run entrepreneurial programs that are designed to replace them.»

Analysts compared the loss experience of the Model S, the Nissan Leaf and seven other electric vehicles with losses for similar conventional vehicles under collision and property damage liability coverages and adjusted claim frequencies for mileage, based on data provided by CARFAX.

Focusing on the camera - based system, they found that the drivers younger than 25 had the biggest claim rate reductions — 15 percent under property damage liability and 45 percent under bodily injury liability.

In an updated analysis, which includes the most recent data available, HLDI found that the rate of claims under property damage liability insurance, which covers damage to other vehicles and property, is 10 percent lower for Accords equipped with the camera - based forward collision and lane departure warning systems.

But, which company will actually handle the claim and send payment for damages can vary based on the accident, damages, who is officially at fault, etc..

«If someone has a $ 500 deductible, they're more likely to file claims for $ 1,500 or $ 2,500 worth of damage,» says Jonathan Stein, a California - based consumer law attorney who specializes in insurance.

Averages are based on a 45 - year - old married female driver driving 2012 sedan, employed, with a B.A., excellent credit score and no lapse in coverage, who has never filed a claim and has the following limits: $ 100,000 (bodily injury) / $ 300,000 (property damage) / $ 100,000 (UI / UIM), $ 10,000 (PIP) and a $ 500 deductible.

«We fight with credit card companies constantly,» says Coppere Williams, senior claims specialist at Khoury - Alternative Claims Management, a damage - recovery company based in San Anclaims specialist at Khoury - Alternative Claims Management, a damage - recovery company based in San AnClaims Management, a damage - recovery company based in San Antonio.

The foregoing limitations of liability shall apply for any claims for damages, irrespective of their legal basis including claims arising from tort.

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

Although we noted that the ad included information setting out the environmental benefits of wearing fur, which were intended to form the basis for the headline claim «it's eco-friendly to wear fur», because we considered that that headline claim would be understood as an absolute environmental claim, and because we did not consider that we had seen sufficient evidence that the product would cause no environmental damage, taking account of the full life cycle of the product from manufacture to disposal, we concluded that the ad was likely to mislead.

Politicians must deal with facts and abandon all policies based on claims that CO2 is a problem, especially those already causing damage.

The Suzanne Goldenberg article was on the release of WG2, which claimed and popularized the meme that global warming had damaged food supply, based on highly questionable statistical work.

Hence the conspiracy element based on Oreskes «Merchants of Doubt» and the Scripps La Jolla meeting in 2012 is an essential part of the plaintiff case on order to claim monetary damages.

SciDev.net: The opposition street protests that have been damaging Bangladesh's key textile sector and threatening the forthcoming O and A-level examinations have claimed another scalp: the field trips which were to precede the annual International Conference on Community - Based Adaptation (CBA7).

So the claim that the «an editor publishes papers based on her political position» while certainly «terribly damaging» to the journal's reputation is, unfortunately, far from ridiculous.

The amendment complaint, which seeks more than $ 50 million in damages, added retaliation and defamation claims to the U.S. District Court for the District of Columbia action, but drops a Family and Medical Leave Act charge, «as we are focusing on Bertram's core allegations of gender discrimination and retaliation, which still includes discrimination based on her caregiver responsibilities,» Andrew Melzer, one of her lawyers, told the ABA Journal.

This will give them the chance to file a claim in court and receive damages based on a «pure comparative negligence» system.

If the Stark Law violation involves payment in excess of fair market value to a physician, the basis for assessing damages can be three times the amount of the physician's billing plus up to $ 11,000 for each claim.

The Court of Appeal ultimately dismissed the father's appeal all grounds, and specifically stated, that awarding damages for the father's tort claim of «involuntary parenthood» would be contrary to the spirit and purpose of the family law system and would «run against the clear trend in the law moving away from fault based claims in the family law context.»

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Oftentimes, injured individuals make claims for damages from their insurance carriers based on emotional arguments and testimony from loved ones as to how much they have suffered.

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

If you are injured by a driver who is under the influence of marijuana you may be able to file a claim for damages based on that driver's negligence.

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

Now she has a problem, and the only reasonable solution I can see is that the» 647 patent be withdrawn from the current case because Apple's infringement argument and its damages claim, both erroneously supported by Judge Koh, were based on a wrong claim construction.

Defended a major U.S. - based automobile manufacturer in claims of property damage arising from vehicle and structural fires, and against insurance subrogation actions alleging design, manufacturing, and warning defects