Sentences with phrase «damages action alleging»
In Hughes v. Liquor Control Board of Ontario, the plaintiffs, a restaurant called The Poacher and its owner, had commenced a $ 1.4 billion damages action alleging, among other things, that the defendants divided the market for beer contrary to s. 45 (1)(b) of the Competition Act.
http://www.canadianlawyermag.com/ Not exact matches
The lawsuits, each filed by individual artists in a US federal court in Los Angeles, ask a judge to create a class - action suit in which other alleged victims can collectively seek damages.
Bitmanagement says these alleged actions constitute «wilful copyright infringement» — and is seeking $ 596,308,103 in damages.
We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of TWIST, whether arising in tort or contract, law or equity;
... «2.2... DD claims that he has been damaged by alleged actions against him, including but not limited to the alleged threatened selling, transferring, licensing, publicly disseminating and / or exploiting the Images and / or Property and / or other Confidential Information relating to DD, all without the knowledge, consent or authorization of DD.
You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.
The Empire Center: New York laws encourage a proliferation of civil suits seeking damages for various kinds of alleged wrongful actions, known in legal terms as «torts.»
The New York Times reported in 2011 that Cuomo, as New York's attorney general in 2009, used his office to threaten legal action against Chevron when Hinton was being paid $ 10,000 a month as a lobbyist for a group suing the oil giant in a multibillion - dollar court action alleging massive environmental damage in the Amazon.
They took the action over an alleged damage of some facilities in the area and insensitive posture of the contractor.
A video of the alleged violence that greeted the Oroki Day celebration showed some hoodlums beating up alleged members of the Action Congress of Nigeria, stripping some naked and damaging several cars belonging to the ACN during the Oroki Day celebration in 2007.
Insurance protection against claims alleging negligence or an action which resulted in bodily injury or property damage to another party.
This is important because most credit damage claims allege a negative impact caused by the actions of a furnisher of credit report data, such as a bank or a collection agency.
Indemnity You shall indemnify and keep Bark Busters indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by Bark Busters whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms of Use.
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 HERalleged 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 HERALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.
It alleges that defendants» actions and inactions — whether or not they violate any specific statutory duty — have so profoundly damaged our home planet that they threaten plaintiffs» fundamental constitutional rights to life and liberty.
After receiving the defendants» productions, the plaintiffs» allegedly discovered that their signatures were forged on a number of leasing documents, and commenced a fresh action claiming damages arising from the alleged fraud.
Furthermore, even if the Court was wrong about the negligence issue, the plaintiff in the negligence action failed to demonstrate that there was a genuine issue for trial on the issue of damages caused by the firm's alleged negligence.
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.
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.
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
Subsequently he brought an action for damages against the health authority, alleging that it had negligently failed to treat him with reasonable professional care and skill, specifically that they had failed to ensure that he was properly assessed before he committed the manslaughter.
It has defended several Alberta real estate development companies in a class action involving hundreds of investors and alleged damages in the tens of millions of dollars.
«One of the cases we're funding at the moment is a class action of seaweed fishermen in Indonesia claiming compensation for alleged damages caused by an oil spill by PTTEP Australasia Ashmore Cartier PTY Ltd,» says Martin Tonnby, Harbour's Founder and CEO.
Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.
Defending the owner of a former fertilizer plant in a class action in the Florida panhandle alleging property damage from a plume of underground contaminants.
In a case about alleged damage to a residential pool by a company hired to clean it, 10 Swinton J., applied the contextual approach mandated by Carioca, and set aside the Master's order dismissing this action for delay.
, if a foreign ship owner chooses to launch an action for damages in the jurisdiction of the alleged defendant, he can not raise the issue of jurisdiction if the defendant responds by filing a counter-claim in regards to the same collision.
If a landlord alleges that a former tenant owes money for damages caused to the house during the tenancy, are the landlord's actions while attempting to collect the alleged debt covered by the Dodd - Frank act?
The class action alleged damages caused by the Ministry's negligent implementation of a Chronic Wasting Disease monitoring program.
The class action brought against FCA NV, FCA and FCA Canada Inc. (FCA Canada) alleges that Canadian purchasers of the Vehicles were deceived by the defendants» failure to disclose the presence of this software, resulting in losses and damage to members of the class.
The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.
In Thomas representatives of the Saik» uz and Stellat» en First Nations brought an action for alleged damages arising out of the construction and operation of a hydroelectric dam, authorized by the Government of British Columbia, by Rio Tinto Alcan and its predecessors on the Nechako River since the early 1950s.
She has a record of success, including obtaining a complete dismissal, prior to discovery, in a multi-district class action claiming damages of hundreds of millions of dollars resulting from an alleged Ponzi scheme.
Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.
Defended a domestic automobile manufacturer in dozens of actions in Ohio against personal injury and fire damage claims involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel - off, transmission explosion, car jack collapse, wiring failures, and other alleged design, manufacturing, and warning defects.
Though the judge considered numerous factors under this analysis, she was particularly of the view that the appropriate law for multi-jurisdictional online defamation actions should be the law where the most substantial harm to reputation was incurred, not necessarily the law of each jurisdiction where it is alleged that reputation in that jurisdiction was damaged.
To insulate college personnel from personal law suits which allege misconduct while carrying out duties, section 24 of the BC Health Professions Act provides that «no action for damages lies or may be brought» against a board member or a person acting for a board or college «because of anything done or omitted in good faith.»
(3) In a motion or proceeding for an injunction to restrain a person from an act in connection with a labour dispute, the court must be satisfied that reasonable efforts to obtain police assistance, protection and action to prevent or remove any alleged danger of damage to property, injury to persons, obstruction of or interference with lawful entry or exit from the premises in question or breach of the peace have been unsuccessful.
Defense of a chemical manufacturer in mass action claims for medical monitoring, property damage and personal injury arising out of alleged environmental contamination in West Virginia.
AB 894 (Workplace Bullying): Adds a private cause of action, along with punitive and compensatory damages, for alleged workplace bullying.
Emerald brought a private damages action in the High Court alleging that a cartel relating to air freight prices, of which BA and other airlines had been convicted in the United States (and for which they are -LSB-...]
In the decision of 1201059 Ontario Inc. v. Pizza Pizza Limited, 2015 ONSC 1208, dated February 26, 2015, a three - judge panel of the Divisional Court (an appellate branch of the Ontario Superior Court of Justice that is higher than a trial level but lower than the Court of Appeal), upheld the trial judge's dismissal of the franchisee's action for damages based on an alleged failure to provide disclosure at the time of the franchise renewal.
One of the primary issues relating to the certification of competition law class actions to date has been difficulties arising from the calculation of damages and, in particular, the challenges in some cases of calculating damages in the context of so - called «indirect purchasers» (i.e., where it is alleged that that direct purchasers passed on, for example, a price - fixing overcharge from manufacturers to a second downstream level of consumers).
Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged breach of the Code involves factually complex or serious acts of misconduct.
He subsequently made a complaint under the Police Services Act, alleging unlawful or unnecessary arrest and use of unnecessary force, and also initiated a civil action for damages.
Seeking hundreds of millions of dollars in damages, plaintiffs filed a putative class action alleging that Boeing Company, along with its CEO and the head of its commercial aircraft division, committed securities fraud in violation of federal law.
The Applicant and her brother and daughter brought an action in damages against the Respondents, alleging they had failed to assess, monitor and treat her condition properly, resulting in an aggravation of her injury and causing separate injuries that were not a logical and foreseeable consequence of the accident.
Pentland - Clark v Wilson & Others 2009 G.W.D. 30 - 490: opposition to reclaiming motion in action for damages based on alleged negligence on the part of judicial factor and his solicitor.
We defend clients in toxic tort actions involving medical damages resulting from alleged contaminant exposure.
The City of Montréal filed a motion to dismiss, alleging the direct personal action in damages brought by the immediate or indirect victims as a result of the death was prescribed by s. 586 of the Cities and Towns Act.