Sentences with phrase «for breach of contract actions»

The new law shortens the limitations period for breach of contract actions accruing both before and after the effective date of September 28, 2012.

Not exact matches

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

The party confirmed it had received a «letter before action» from Rennard's lawyers, which raises the prospect of making three senior party figures personally liable for damages for a breach of contract.

If you default on private student loan debt, your lender has that ability to take action against you for breach of contract.

Otherwise, he will be held responsible for the breach of the loan contract as well and legal actions will be taken against either of them in order to collect the money.

A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.

(a) Any buyer injured by a violation of this title or by the credit services organization's breach of a contract subject to this title may bring any action for recovery of damages, or for injunctive relief, or both.

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

Update 3: Action - adventure Call of Duty next year, Activision establishes dedicated business unit for the franchise Update 2: Infinity Ward CEO no longer with the studio Update: «The Company is concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward,» Activision states in a recent SEC filing (cheers, G4).

The employees brought successful actions against the bank for breach of their employment contracts.

Civil law grants to individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation and negligence.

Lucas has litigated a variety of matters, including actions for breach of contract, interference torts, unfair business practices, misappropriation, copyright and trademark infringement, profit participation claims, idea submission claims, and media torts including defamation, invasion of privacy, right of publicity and misappropriation of name and likeness in all media, including the Internet.

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

He has handled complex commercial disputes, shareholder derivative litigation, declaratory judgment actions, and has secured emergency injunctions relating to claims for breach of contract, fiduciary duties, fraud and professional negligence.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.

The respondent brought an action in Ontario against Dr. Lu, three Chinese corporations and a British Virgin Island corporation (hereafter the «appellants») for breach of confidence, breach of contract, breach of fiduciary duty, conspiracy, unjust enrichment and / or unlawful interference with economic interests after discovering clones being sold in the global market.

If he failed to provide payment for her on his death, her right to that payment became enforceable by a direct right of action for breach of contract against his estate.»

[37] But how was Ms Doerr's action against her paralegal advisor, (effectively for breach of contract and / or negligence in relation to execution of the paralegal's duties under the retainer relationship), an abuse of process?

For example, generally, actions against the state of Ohio or one of its agencies for failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accruFor example, generally, actions against the state of Ohio or one of its agencies for failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrufor failure to make a distribution or payment must be brought within five years of when the action accrued and an action for breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrufor breach of contract for the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrufor the sale of goods under the Uniform Commercial Code must be brought within four years of the date the cause of action accrues.

Special master under FRCP 53 (a)(1)(c) appointed to decide 14 motions in limine in anticipation of trial of action between competitors for damages for unfair competition and breach of contract

Participated as lead counsel in the successful resolution of a breach of contract action against a former employee for misappropriation of confidential information

Obtained summary judgment in a multimillion - dollar breach of contract action for a Fortune 25 company.

The trial judge, and later the New Brunswick Court of Appeal, erred by failing to apply the first test for constructive dismissal, which is whether the employer's action constitutes a breach of the employment contract, Wagner wrote.

Answer: You might pursue an action for breach of contract to buy a nugget, but why not just save the headache and sell to the next highest bidder for $ 8,000?

Actions for breach of contract can be against vendors, clients, employees, former employees, employers, real estate or business partners, or any other entity where a contract exists between a business and another person or entity or between participants in a business.

Advising a client in an action for breach of contractual obligations in relation to the contract for the sale of a property.

A legal action for breach of contract is a civil action, and any remedies awarded are designed to place the injured party in the position that party would have been in but for the breach.

Represented gas retailers against an oil & gas company in a breach of contract action alleging and proving that the company did not set the price it charged the gas retailers for gasoline in accordance with their contracts.

Represented a toy and video game manufacturer in an action against a licensee for fraud and breach of contract, and to terminate licensed rights.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

The claimant disputed that and brought an action seeking a declaration that it was not liable for breach of contract or duty.

[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant seeking damages in the amount of $ 14,933.22 for breach of contract.

The three cases involve five different alleged wrongs, raising possible causes of action for economic loss: inducing breach of contract (Mainstream), causing loss by unlawful means (Zeta - Jones) interference with contractual relations (OBG); breach of confidence (Zeta - Jones) and conversion (OBG).

Successfully opposed attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation, and breach of contract.

See, e.g., Rotwein v. Gersten, 160 Fla. 736, 36 So.2 d 419 (1948)(although actions for alienation of affections, criminal conversation, and breach of contract to marry were a part of the common law and have long been a part of the law of this country, when they became an instrument of destruction and blackmail, act abolishing them was within legislative power).

We also handle High Court litigation for breach of contract including injunctions to enforce restrictive covenants, actions for breach of copyright and confidentiality and high value claims for non-payment of bonuses.

[W] e wish to make clear that abolition of the actions for alienation of affections and criminal conversation does not preclude a person from maintaining a traditional breach of contract action merely because the breach arose from an improper liaison with the plaintiff's spouse or because the effect of the alleged breach or tortious conduct was a disruption or breakup of his or her marriage....

Following denial of future insurance proceeds to the plaintiffs because of the concealment and fraud provision of the subject policy, the insureds brought a cause of action for breach of contract, negligence, negligent infliction of emotional distress, unfair trade practices, and bad faith.

$ 85,000 Verdict in favor of steel fabricator Plaintiff in a breach of contract action against Defendant for failure to pay for steel used in the creation of a United Airlines Terminal vestibule at O'Hare Airport.

Although it is rare for a doctor or hospital to promise specific results from a procedure, surgery or treatment, if such a guarantee is given but not achieved, the failure to produce the promised outcome may give rise to an action for breach of contract or breach of warranty.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

For the purposes of a wrongful dismissal action, the employment contract is breached when the employer dismisses the employee without reasonable notice

Our experience has shown that these construction, utility line and fire cases expand beyond a plaintiff asserting a tort cause of action, to include claims among the defendants for breach of contract and indemnification.

810 ILCS 5 / 2A -506 (1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued.

Recent cases have involved issues such as: adverse possession of farming land; nuisance due to flooding and contamination; a multi-party action for breach of contract as to farming subsidies, entitlements and negligence; and proprietary estoppel and a disputed trust of land action.