Sentences with phrase «for alleged harms»

Today, the Senate passed a bill to rein in «litigation tourism» (HB 4013), where out - of - state plaintiffs file lawsuits in West Virginia courts for alleged harms that happened elsewhere.

A helicopter flight instructor can not sue the Federal Aviation Administration for alleged harm to his flight instruction business resulting from the FAA's suspension of an airworthiness certification of the helicopter leased by the instructor; the 4th Circuit affirms the district...

Not exact matches

WASHINGTON — The Dodd - Frank Act has become the catchall for a litany of alleged harms, not the least of which is the decline of small banks.

There can be no harm in setting a terminological locus for alleged distinctions, admitting that they may assume every value of significance from zero to infinity; but there is very definite harm in depriving apparent distinctions of terminological and systematic locus, since their value is then determined as zero by fiat.

The billionaire kidnapper is asking the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.

Rangel has come under fire for alleged financial wrongdoing and harming the credibility of Congress, according to the ethics complaint.

LAW360 - Feb 17 - A California judge tossed out a class action alleging the mobile dating app Tinder illegally discriminates based on gender by charging more for men and allowing women more matchups, saying the male plaintiff hadn't «connected the dots» to show how he'd been harmed.

The central plank of their criticism is that Ms. Quinn's alleged actions (and it must be stressed these are still only allegations) caused harm to games journalism by allegedly eliciting more positive review scores for her game Depression Quest.

There is of course more, but I'm going to stop because I realize that while all this is good evidence for harms caused by anthropogenic climate change in general, to be really relevant to the topic at hand, we should be looking at the specific harms alleged by the plaintiffs in the suit over which judge Alsup is presiding.

«But damages can be awarded only for harm «actually incurred,» and Plaintiffs allege at most speculative future harms that may never eventuate... Plaintiffs» requested damages award would also violate Defendants» constitutional due process rights by imposing massive retroactive liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as for protected First Amendment activities.»

The simplest way to apply the concept of proximate cause to legal malpractice is to ask whether, «but for» the alleged negligence, the harm or injury would have occurred?

To be successful, you must prove that the negligence being alleged was the cause of the harm you are claiming compensation for.

In a March 31 statement of claim, Dr. Mohamed Foda alleges the postings were not made by actual patients of his, but by someone who has a «malicious» motive to harm his medical business, and states he will seek to identify the unknown defendants by searching for their computer identifying information.

So Mr Habib sued the Australian Government for the torts of misfeasance in public office and of intentional infliction of indirect harm by its officials when they aided and abetted his alleged torture.

Before this court, the local authority's understanding of their own case and the principles to be applied where significant harm has been suffered by a child and where the mechanism for that and / or its alleged perpetration is one of the facts in issue in the proceedings, can only be described as worrying.»

The client was charged with assault causing bodily harm after his cousin alleged that L.L. was responsible for an attack that left his cousin unconscious.

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.

Therefore, in order to recover for negligence in security, a plaintiff must establish that 1) he or she was owed a duty, 2) there was a breach of that duty, 3) that the alleged negligence was the proximate cause of the plaintiff's injury, and 4) that there was a resulting harm to the plaintiff.

Faulty use of «hybrid» paper and electronic records (the sort of confusion - inducing circumstance at South Shore Hospital that is alleged by lawyers for Robertson's family) was among the most frequently cited examples of harm in the review.

2011 - Medical Malpractice Resolved a medical malpractice case involving the alleged failure to appropriately diagnose and treat a 42 - year - old woman's severe lower extremity injury resulting in catastrophic harm for in excess of three and a half million dollars.

Resolved a medical malpractice case involving the alleged failure to appropriately diagnose and treat a 42 - year - old woman's severe lower extremity injury resulting in catastrophic harm for in excess of three and a half million dollars.

In the context of alleged Ohio medical malpractice, it is usually not sufficient for the plaintiff (or the plaintiff's lawyer) to simply stand up in court and claim that a doctor gave bad care which caused harm or injury.

-- Law societies: Instigate proceedings for the unauthorized practice of law only in cases where harm is alleged by a client of a non-lawyer provider, and drop the prohibition against lawyers sharing fees with non-lawyers.

A trademark owner must prove three things on a motion for an interlocutory injunction: (i) that its allegations raise a «serious issue» of infringement; (ii) that the harm caused by the infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the alleged infringer.

Ca., filed May 10, 2017): Arguing that in asbestos exposure cases that do not involve an asbestos - containing product, the traditional «but for» causation standard should be used in cases alleging a failure to protect someone from harm.

Ninth Circuit district courts have not reached a consensus regarding the specific requirements of Spokeo for alleging «concrete» harm as a result of receiving unwanted automated calls.

The lesson to be taken from the developing state of standing for statutory violations post-Spokeo is clear: plaintiff counsel should take particular care to specifically allege in detail the harm their clients incurred as a result of the statutory violation.

The IRSSA also provides that class members who allege they suffered serious physical, sexual or psychological harm at a residential school may apply for additional compensation through the Independent Assessment Process («IAP»).

Plas - Tex, Tanshaw and Country Style are readily distinguishable from this case, where it is alleged that Maple Leaf should be held liable for damages for the reputational harm to the franchisees as a result of a recall and their public association with Maple Leaf.

Class action lawsuits for alleged FCRA violations will increase in 2015 — even if no one is actually harmed — and this trend is one of the «ESR Top Ten Background Check Trends for 2015» selected by Employment Screening Resources (ESR) Founder and CEO Attorney Lester Rosen.

From yammerings on about the alleged harms of «fatherless» households, to the demanding of a «shared parental responsibility» post-divorce that they never undertook during marriage when she begged them to do so, these men epitomize the reason that for eons, societies have ended up engaging in wars, and atrocities of justice have never been quelched, and the reason that irrational male - mob - mentality, however ostensibly sophisticated, and however ostensibly educated, continues to be the rule of the day.

MLS services was the relevant market, but the only harm alleged by the Receiver were his own costs for advertising and he failed to allege any harm to the overall market for MLS services.

Wisconsin court rules that purchaser could not allege harm by the association for the marketing materials prepared by a real estate professional.

Second, the court found that there were questions of fact which needed to be considered for the alleged violations of the consumer protection law, such as whether the Form could deceive a «substantial portion of the public» and also whether the tenants suffered any harm because of the Form.