Sentences with phrase «facts alleging injury»
Whether it be a First Amendment case or a mesothelioma injury, a plaintiff must plead facts alleging injury and causation in order for a court to hear the case.
https://www.accidentinjurylawyerblog.com/ Not exact matches
In the first Complaint discussed in Animal Law Coalition's reports below, the court found the plaintiffs did not allege facts showing the RICO violations proximately caused their injuries.
CREW had alleged that it had standing because the president's allegedly unethical behavior had forced it to divert resources to this lawsuit, but Daniels found that this is not enough to show an injury in fact.
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.
It's not uncommon for insurance companies to allege that accident victims are feigning injuries on account of the fact that soft tissue injuries are subtle.
On August 27, 2015, the Ohio Supreme Court resolved one aspect of this issue under Ohio law by holding in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015 - Ohio - 3430, that plaintiffs alleging violations of the Ohio Consumer Sales Practices Act (CSPA) must show that all members of a putative class suffered injury or «damage in fact» as a result of the challenged conduct.
In fact the police officer noted «no injuries consistent with the alleged assault».
Defence lawyer Joseph Neuberger interviewed M.S., and in fact on the day of the alleged assault, M.S. had sustained injuries for which he attended his doctor.
According to the facts discussed in the appellate opinion, the lawsuit alleges that the defendant negligently failed to respond to an assistance call made by the patient, resulting in her suffering injuries in a fall while she attempted to use the bathroom unassisted.
It is my experience as a lawyer representing car accident victims that ICBC and other insurance companies regularly deny all the facts alleged by an injury claimant in a lawsuit with little or no explanation.
They attempted to distinguish Corson's situation from other cases that followed Napier, focusing on the fact that Corson's injuries were the result of alleged chemical exposure, not a physical accident.
Nor are there facts showing how this abstract creature actually suffered an actual injury in fact from such alleged conduct.