Causation: Often a claimant can prove that the professional owed him / her a duty of care when they sue
for alleged negligence.
The hospital was named as a party defendant under the theory of vicarious liability
for the alleged negligence of Mizyed's treating physicians.
Claims and Disciplinary Proceedings against Lawyers, Licensed Paralegals, Engineers, Architects, Investigators, Insurance Adjusters and other Professionals
for Alleged Negligence and Misconduct
Indiana courts demand special procedures to collect damages
for the alleged negligence of a state or municipal entity or employee occurring within the state.
A Canadian accounting firm, Schwartz Levitsky Feldman («SLF»), had provided a clean audit opinion regarding the company as part of the private placement and was sued
for alleged negligence and misrepresentations in its audit report by the one Ontario - based investor, Excalibur, on behalf of a proposed global class comprised of all worldwide investors.
The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government
for its alleged negligence, based on sovereign immunity grounds.
Mr. Coyote does not wish to be compensated
for any alleged negligence of Acme Company.
In this recent appellate decision, a participant in a Sudbury youth soccer program who suffered a personal injury as the result of an accident in which a metal goal post flipped over onto him during a team practice can not sue
for any alleged negligence arising from the improper placement of the posts.
But when Meisels» former clients Paul and Anita Tiago sued
him for alleged negligence during his representation of them in two civil suits, they also sued the other three lawyers, alleging they shared responsibility as partners in the same firm.
But mix - ups do occur, including one in 2012 when a Singapore mother sued a clinic
for alleged negligence after it mixed up her husband's sperm with that of a stranger.
Certain steps that were taken in the action led the trial judge to conclude that defence counsel had a proper basis
for alleging negligence on the part of the third party and the trial judge accepted that the third party, or her counsel, had employed tactics amounting to an attempt to make an end run around the defendant.
Not exact matches
They «
allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims
for negligence and breach of contract, as well as, in some cases, statutory claims.»
I / WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby,
for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWI
for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby,
for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWI
for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all
for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWI
for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin
FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWI
FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR
ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
«It is on account of
negligence on the part of the legal profession that the SSS has engaged in the arrest of judges
for alleged corruption and abuse of office,» Falana said.
The woman who accused the now - former commissioner
for the Erie County Department of Social Services of raping her at an Albany hotel has filed court documents claiming the county's
negligence led to the
alleged sexual assault.
For setting a Senior School English summary passage which harped on the
alleged negligence of education by the Ogun state government, no fewer than six top...
At the same time, the LMDC plans to sue contractor Bovis Lend Lease
for roughly $ 100 million, based on Bovis's
alleged negligence and deconstruction delays.
A horse named Justice is entitled to recover the costs of his medical care and damages
for pain and suffering from his
alleged abuser, according to a
negligence suit filed on Tuesday.
Tobin's complaint
alleges that FedEx's conduct has left her young daughters very frightened, and it seeks to recover
for violations of Massachusetts Privacy Laws, intentional and reckless infliction of emotional distress and
negligence.
A horse named Justice is entitled to recover the costs of his medical care and damages
for pain and suffering from his
alleged abuser, according to a
negligence suit filed...
She also claimed damages
for pain, suffering and loss of amenity as a result of the
alleged negligence.
Plaintiff parents sued social hosts and social companions
for negligence,
alleging they were responsible
for injuries sustained by plaintiffs» son Robert when, after drinking at defendant's home, he jumped from a fence and was rendered a quadriplegic.
If the defendant, admits responsibility
for primarily causing the incident but then
alleges you should bear some of that responsibility it is called «contributory
negligence».
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.
The plaintiff did not reveal the terms of the actual settlement, nor did he describe the settlement he expected to receive had it not been
for the firm's
alleged negligence.
The plaintiff brought
negligence claims
for her
alleged slip - and - fall in a puddle of rainwater.
(14 day trial; Construction contract; project management; claims
alleging fraudulent misappropriation, deceit, breach of fiduciary duty, dishonest assistance and professional
negligence against designers / project managers; claim
for an account; all serious allegations against Marc Beaumont's client dismissed).
The counterclaim by Skurka
alleges that Jacobson is using the professional
negligence action
for an improper purpose.
Another law firm obtained, by summary judgment, an order
for payment of its legal fees in the amount of $ 182,569.63 and an order dismissing a former client's counterclaim
alleging negligence against it (2017 ONSC 3391, under appeal).
An Ontario Superior Court judge has struck in its entirety, the statement of defence filed by well - known Toronto lawyer Steven Skurka, who is being sued
for $ 32 million by a former client,
alleging professional
negligence.
The plaintiffs
alleged breach of contract and
negligence against Desjardins
for failing to ensure that appropriate fire protection and supression systems were included in the design of the plant.
Claims
for damages
for personal injury arising from an illness
alleged to have developed as a result of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in
negligence or breach of duty or both.
If the first lawyer's
negligence had caused loss to the plaintiff, Power, J. would have reduced the plaintiff's damages by 50 per cent to account
for her contributory
negligence in failing to disclose her
alleged illiteracy and lack of understanding of the documents she signed.
The court rejected the reasoning of the lower courts as manifestly unfair, since under their analysis it would not have been possible
for the plaintiff to sue the school district over their
alleged negligence in causing her son's injuries.
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?
Plaintiff parents sued Thomas, a teenage driver, the owner of the car, and his daughter
for negligence and loss of consortium,
alleging that defendants were responsible
for the car accident that resulted in the deaths of their teenage children.
To be successful, you must prove that the
negligence being
alleged was the cause of the harm you are claiming compensation
for.
The plaintiff sued both Davis Systems and Crystal Clean
for damages resulting from Crystal Clean's
alleged negligence.
Because the Arizona Supreme Court could not say as a matter of law that the
alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back
for further proceedings.
Justice Lederman commented at paragraph 40 that «The course of Dr. Harvey's conduct, beginning with lies, and leading ultimately to the falsification of evidence, was done
for the purpose of hiding his
alleged negligence and also
for the purpose of creating doubt in the plaintiffs» minds about the wisdom of bringing a claim.»
Ms. Ernst owns land near Rosebud, Alberta, and is suing EnCana Corporation, the ERCB (now the Alberta Energy Regulator) and Alberta Environment (now Alberta Environment and Sustainable Resources Development)
for negligence in relation to the
alleged contamination of her groundwater as a result of EnCana's hydraulic fracturing (fracking) activities in the area.
Obtained a favorable jury verdict
for retailer in a jury trial in Oklahoma County, Oklahoma, in case in which plaintiff
alleged personal injury at the retail store due to the
negligence of the retailer.
Plaintiff
alleged premises liability
for negligence in failure to address a potentially dangerous condition on the property (i.e., lack of protective features around the rear of the cabana that abuts a curve around which drivers were known to speed).
About two years after her notice of lawsuit, the plaintiff filed a complaint,
alleging the city's
negligence for failing to properly maintain its sidewalk.
In Hall v. Conoco, Samantha Hall sued Conoco
for strict liability and
negligence,
alleging the company's refinery emitted cancer - causing benzene into the air where she grew up.
The Ontario Superior Court of Justice recently released the decision of French v Stachejczuk where Martin Smith, partner at the Ottawa office of McCague Borlack LLP, with the assistance of Desneiges Mitchell, associate, successfully defended a chiropractic malpractice case where the plaintiff, Lisa French («Ms. French»), sued the defendant, Dr. Barbie - Ellen Stachejczuk («Dr. Stachejczuk»),
for negligence and battery
for alleged improper chiropractic treatments.
The plaintiff sued the moving company,
alleging it was vicariously liable
for the employee's
negligence.
2) In addition to showing that a lawyer was negligent, the plaintiff must show that but
for the
negligence of the lawyer, the
alleged loss would not have occurred.
Essentially, the court's opinion was that allowing a plaintiff to re-file after a delay caused by a failure to prosecute could lead to an abuse of the system in which cases may not be decided
for decades after the
alleged negligence occurred.
Highlights included acting
for Omega Atlantic Limited in its professional
negligence claim against GVA Grimley related to funding advice, and are representing Univer Manufacturing in a claim against its former solicitors
alleging that the firm's drafting of an exclusive distribution agreement and indefinite IP licence failed to protect the client's interest causing substantial loss.