Sentences with phrase «fee claims in court»

Course Description Judge Stephen Haberfeld moderates a panel discussion with attorney fee experts John O'Connor and Trey Cox, concerning case strategies, using experts, for winning and defeating attorney fee claims in court and arbitration.

Not exact matches

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided tclaims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided tClaims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

«The DOL has created a new private right of action,» said Fleckner, who led Goodwin's successful defense of an excessive fee claim against John Hancock in the 3rd Circuit Court of Appeals in 2014, and was a signatory to an amicus brief filed with the Supreme Court on behalf of the Securities Industry Financial Markets Association in Tibble v. Edison.

«It is hereby stipulated and agreed, by and among Benchmark, Kalanick and Uber, through their undersigned counsel,» wrote Delaware Court of Chancery Judge Sam Glasscock III in his order, «that this Action and the claims asserted therein are dismissed with prejudice, and that each party shall bear its or his own costs, fees and expenses.»

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided 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 anotheIn consideration of being permitted to use the Website, You agree to indemnify and hold harmless Non-GMO Project, and / or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns, from any claim or demand, including reasonable attorneys» fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided 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 anothein any interactive aspect of the Website, Your use of any information provided 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 anothein 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.

«During that call, the defendant claimed, in substance and in part, that there was no issue with him [Silver] getting the fees because he «only represented the LLCs» controlled by Glenwood,» a filing in Manhattan federal court said.

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 RightIn 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 Rightin 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 Rightin tuition fees breached the European Convention on Human Rights.

The court is looking into a complaint made by a Brazilian investment group which claims it was financially harmed when Barcelona and Neymar allegedly withheld the real amount of the player's transfer fee from Brazilian club Santos in 2013.

c) Any court cases and lawsuits will be judged in Quebec, Canada d) If your court case is found to be without merit then you will pay Books Butterfly for all legal fees incurred by Books Butterfly e) If your court case is found to be without merit then you will pay Books Butterfly for defamation and slander, wrongful legal claims, and loss of business due to your court case

Accordingly, you shall defend, indemnify, and hold harmless Author Solutions and Reader's Digest Inc. from and against any suit, proceeding, assertion, damage, cost, liability and expenses (including court costs and reasonable attorneys» fees) incurred as a result of claims of customers or other third parties claim (including, without limitation, claims by regulators) against Author Solutions and / or Reader's Digest Inc. and their respective suppliers, officers, directors, employees and agents arising from or connected with (i) your website [s], including without limitation any activities or aspects thereof or commerce conducted thereon; (ii) the marketing activities you undertake in connection with the LifeRich Publishing affiliate marketing program; or (iii) the breach or alleged breach of the reps and warranties you make herein.

Since most payday loans are for less than $ 1,000, the borrower in most counties would file the action in small - claims court, and include any filing fees or other costs with the amount demanded from the defendant.

If a claim is made against your property, title insurance will, in accordance with the terms of your policy, assure you of a legal defense and pay all court costs and related fees.

The statement of claim, filed in the Court of Queen's Bench for Saskatchewan, says that WestJet (TSX: WJA) announced a $ 25 baggage fee on Sept. 15, 2014, and Air Canada (TSX: AC) followed suit on Sept. 18.

There is no guarantee of success, lose and you could lose court fees of # 100s, and in extreme examples, if your case wasn't dealt with by the small claims system, risk having to pay the banks costs.

An attorney is only going to take a case on a contingency fee basis if there is a solid claim under one of these laws and he or she believes that there is a strong likelihood of succeeding in court.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

If the person sues you, it will go to small claims court and take time, but in our contract we also stipulate that if sued and found not guilty, the accusing party pays SDR's legal fees.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

All material whether in the form of advertisements, articles, symbols, diagrams or illustrations, is accepted and published by the Chow Chow Club, Inc. and its staff with the express agreement that the person submitting the material will indemnify and hold the Club and its staff free and harmless from any claims for damages or any liability incurred as a result of publishing such material which is libel, copyright or trademark infringemen, or plagiarism and will reimburse the Club and its staff for any expenses incurred in the defense of any such claims, including reasonable attorney's fee and court costs.

There, prevailing defendants tried to recoup $ 675,000 in attorney's fees under HOA / contractual fee shifting provisions, even though admitting the matter should have been litigated in small claims court.

In relation to trade union funding of cases the inadequacy of the Scottish regime is highlighted in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative fee agreements, in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors»In relation to trade union funding of cases the inadequacy of the Scottish regime is highlighted in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative fee agreements, in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors»in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative fee agreements, in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors»in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors».

The Court's emphasis on «reasonableness» in Kirtsaeng is a warning to parties to carefully consider the strength of their legal theories before filing — as unfounded or frivolous claims may lead to fee shifting.

The importer asked the lower courts to award attorneys» fees, but the courts refused, finding that the publisher's legal position in pursuing a claim for copyright infringement was not objectively unreasonable.

While placing some emphasis on the question of class counsel fee arrangements, the Court ultimately deferred to the discretionary decision of the motion judge in his evaluation of the claims being advanced by the class counsel, and their respective degrees of preparation.

The importer appealed to the Supreme Court, which held that in copyright cases the «objective reasonableness» of the losing party's legal position carries «substantial weight» in deciding whether to grant attorneys» fees to the winning party — but that factor alone is not dispositive: a party's litigation misconduct or «repeated» infringement or «overaggressive» enforcement of claims could also justify a fee award even if a party's legal argument was reasonable.

Based on frivolous claims and lack of candor with the court, a charitable bond organization and its individual attorneys will be responsible for a Virginia sheriff's legal fees in defending those claims.

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

2205 (2011)[U.S. Supreme Ct.]; author — Justice Kagan: «But for» test applies when determining whether a prevailing defendant should recover fees in a plaintiff's civil rights suit involving both frivolous and nonfrivolous claims, rejecting the district court's use of a «focus» test.

However, fees were abolished by the Supreme Court in July 2017 and we may start to see a rise in claims as a result.

As a plaintiff, the maximum amount of money that can be received in small claims court will be the county limit plus any court fees.

The courts will still get in the allocation fee in all cases and that will be non-refundable if the claim settles.

In 1985 another case came before the courts regarding the trust of an individual who had been badly injured and rendered «mentally incompetent» in the Halifax Explosion, at this point the individual was around 68 years old and living in a facility which claimed that the trust, which had been set up by his father after his injuries in the explosion, should be paying his fees for the facilitIn 1985 another case came before the courts regarding the trust of an individual who had been badly injured and rendered «mentally incompetent» in the Halifax Explosion, at this point the individual was around 68 years old and living in a facility which claimed that the trust, which had been set up by his father after his injuries in the explosion, should be paying his fees for the facilitin the Halifax Explosion, at this point the individual was around 68 years old and living in a facility which claimed that the trust, which had been set up by his father after his injuries in the explosion, should be paying his fees for the facilitin a facility which claimed that the trust, which had been set up by his father after his injuries in the explosion, should be paying his fees for the facilitin the explosion, should be paying his fees for the facility.

HAMALENGWA — Findings of Professional Misconduct — While representing a difficult client who was charged with first degree murder, the Lawyer was eligible to bill the Ministry of the Attorney General for fees and disbursements pursuant to a Fisher order — The Lawyer's accounting, billing and docketing systems were deplorable and bore no relationship to his billings to the Ministry — The Lawyer engaged in professional misconduct by billing the Ministry for attendances at court when he had not attended or attended for less time than he claimed; overbilling for legal research; billing for services that were not properly billable as legal services; overbilling for student assistance disbursements he had not incurred; overbilling for fees and disbursements that were not fair and reasonable; and submitting a document to the Ministry purporting to be an invoice from a student working under his direction when the invoice was not prepared by the student and the services were not rendered as described in the document.

Court fees were a prominent focus for the audience and it was noted that they had increased substantially more than inflation; in fact, the report shows that while the court fees incurred in a typical small claim have increased by 112 % between 1999 and 2009, those incurred in commercial claims have increased by 206 % in the same peCourt fees were a prominent focus for the audience and it was noted that they had increased substantially more than inflation; in fact, the report shows that while the court fees incurred in a typical small claim have increased by 112 % between 1999 and 2009, those incurred in commercial claims have increased by 206 % in the same pecourt fees incurred in a typical small claim have increased by 112 % between 1999 and 2009, those incurred in commercial claims have increased by 206 % in the same period.

The claim was dismissed by the Court of Appeal due to the lack of evidence of the actual affordability of the fees in the financial circumstances of typical individuals.

But in a statement of defence and counterclaim also filed with the court, Nguyen denies the claims and demands $ 1.1 million from BTZ, alleging the firm still owes him for work he did on the Indcondo file, as well as a 25 - per - cent cut of any fees the firm collects on the matter.

Won dismissal of legal malpractice claims (and secured award of fees) in a decision affirmed by the New York State Court of Appeals

In Decadent the relevant breach which triggered the operation of CPR r 3.9 was the claimant's failure to comply with an unless order relating to the payment of court fees which provided for strike out of the claim in the event of defaulIn Decadent the relevant breach which triggered the operation of CPR r 3.9 was the claimant's failure to comply with an unless order relating to the payment of court fees which provided for strike out of the claim in the event of defaulin the event of default.

Permission to appeal to the Supreme Court was granted on 26 February 2016, and it will be interesting to see if UNISON are able to successfully argue that the fees have breached the principles of equality and effectiveness, particularly in light of research which suggests that the employment tribunal fees, whilst a significant reason, may not be the most common reason for the withdrawal of ET or EC claim.

The agreement actually stated: «In addition to the Legal Fee or the Court / arbitration - ordered Costs, you agree to pay all expenses, even if we can not settle your claim and / or you lose at trial.»

Our headquarters are in Edinburgh, near the Court of Session, and we'd be delighted to help you succeed with your claim on a no win no fee basis.

In the case of an infant's claim, any settlement must be approved by the Public Guardian and Trustee, and in the case of settlements over $ 50,000, the Public Trustee reviews the proposed settlement and makes recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and the Court makes the final decision on the matteIn the case of an infant's claim, any settlement must be approved by the Public Guardian and Trustee, and in the case of settlements over $ 50,000, the Public Trustee reviews the proposed settlement and makes recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and the Court makes the final decision on the mattein the case of settlements over $ 50,000, the Public Trustee reviews the proposed settlement and makes recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and the Court makes the final decision on the matter.

Defended Nationally known Non-Profit organization against civil RICO claims and claims for record - high attorney's fee petition in the United States District Court for the District of Columbia

If a beneficiary reviewing the accounts disagrees with the way an estate has been managed, or objects to the fees claimed by the trustee, they can file a formal objection with the court in order to obtain a review of the estate accounts.

Courts will continue to use their discretion to determine whether a litigant is impoverished or in need to the point that but for the hearing fees, they would be able to pursue their claim, thus qualifying for an exemption.»

If you have not used the key then you may be able to resell it to recover some of the cost, in which case you could claim the difference between the resale value and the purchase price, plus court fees.

The fees are now much higher, the remission forms are more complicated and instead of taking them to the local county court hearing centre they must be posted to the County Court Money Claims Centre, which operates out of a post box in Salcourt hearing centre they must be posted to the County Court Money Claims Centre, which operates out of a post box in SalCourt Money Claims Centre, which operates out of a post box in Salford.

«In Figueroa v. United States (June 28, 2005), the Court of Federal Claims concluded that Congress» practice of using money generated from patent application fees paid to the United States Patent and Trademark Office (USPTO) for purposes other than supporting USPTO operations did not violate the Intellectual Property Clause of the Constitution.»

Having considered the evidence, the Court concluded that the sharp, substantial and sustained fall in the number of claims warranted the conclusion that a significant number of people who would otherwise have brought claims have found the fees not to be reasonably affordable.