Sentences with phrase «from alleged failures»

A federal judge said Wells Fargo must face litigation seeking to hold it responsible for investor losses stemming from its alleged failures as a trustee overseeing risky residential mortgage - backed securities.

For antitrust issues concerning standard setting, we have litigated many of the landmark cases addressing contractual and antitrust claims arising from alleged failures to timely disclose IP rights to standard - setting organizations, and failures to offer FRAND or RAND licensing terms to suppliers of products that support standards.

Former President Olusegun Obasanjo had last week, given hint of a possible new political coalition that would draw from the alleged failure of the ruling All Progressives Congress and the opposition Peoples Democratic Party.

Cases involving claims against accounting firms arising from alleged failure to detect fraud in audits and negligent preparation of financial statements

Defended a major medical malpractice carrier and helped avoid a potentially devastating extracontractual exposure arising from its alleged failure to settle a catastrophic birth injury case within policy limits.

Not exact matches

The delay effectively preempted Citigroup (C) from making disclosures regarding an SEC complaint against the bank — interestingly enough, for alleged disclosure failures.

You agree to defend, indemnify and hold harmless RMG, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Fabricated accusations about a demonized enemy; failures of coalition building; acts of torture and barbarism performed by the alleged defenders of justice; misplaced expectations of popular support from a conquered people; an enemy unified by the very attacks intended to divide it; inadequate planning for postconquest rule; and rampant and chronic instability after victory has been won.

Carroll's treatment of Pius XII is particularly atrocious: Every discredited allegation against the pope ¯ from his alleged silence to his supposed failure to intervene against the Nazi roundup of Rome's Jews ¯ is repeated without qualification.

At the same time, they vigorously criticized the Reformers for their alleged failure to produce fruits from their preaching of the gospel.

Justice Logan also needed to consider the fact that some contraventions occurred prior to the increase in civil penalties which came into force on 1 January 2007; however, procedural failures prevented higher penalties from being considered (at para 25) «Neither as originally cast nor by permitted amendment did the [ACCC's] statement of claim contain an allegation of any material fact necessary to engage a maximum penalty greater than $ 10 million in respect of any of the alleged contraventions.»

A school district and its employees and volunteers are also immune from civil liability for a person or organization's failure or alleged failure to comply with the requirements.

After waves of lawsuits alleging the failure to warn about the dangers of the sport and that helmets were ineffective in preventing concussions, the number of companies making them dropped from more than a dozen in the late 1970s to only a couple of major names by the early 1990s.

It highlights all of Rice's negatives — from the fact that she used to be a registered Republican (she switched to independent when she went to work in Pennsylvania and then became a Democrat just before first running for DA in 2005) to her failure to vote for 18 years to her firing of women — mostly mothers — who were working part time at the DA's office to her alleged lobbying against «real» Rockefeller Drug Law reform.

From where Casey sits, the criticism of Brown and others about the unwillingness of the AFT to embrace any reform of the obsolete process for teacher dismissals — including the Big Apple affiliate's successful opposition to Bloomberg's effort this year to give the city's schools chancellor final say over dismissing those alleged and convicted of criminal misconduct (and those engaged in inappropriate behavior with students)-- amounts to» a vicious slander» geared to «chip away at public support for the due process rights» and to «distract» people from the city's failures to put more effort into firing such teachFrom where Casey sits, the criticism of Brown and others about the unwillingness of the AFT to embrace any reform of the obsolete process for teacher dismissals — including the Big Apple affiliate's successful opposition to Bloomberg's effort this year to give the city's schools chancellor final say over dismissing those alleged and convicted of criminal misconduct (and those engaged in inappropriate behavior with students)-- amounts to» a vicious slander» geared to «chip away at public support for the due process rights» and to «distract» people from the city's failures to put more effort into firing such teachfrom the city's failures to put more effort into firing such teachers.

We shall have no liability for and you agree to reimburse, indemnify and hold us, our affiliates and our and their partners, directors, officers and employees and any person controlled by or controlling us harmless from all Losses that result from: (a) your or your agent's misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) Capital One Investing following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or custodian, (d) the failure by any person not controlled by Capital One Investing to perform any obligations to you, and (e) your failure to provide accurate information on your Account Application or to update that information.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

Lest one think that this risk is remote, the legal aftermath of the earthquake in L'Aquila, which embroiled scientists in charges of manslaughter for their alleged failure to warn the community, vividly illustrates the legal and moral hazards that are incurred when the public is not informed (or misinformed) of the full envelope of identifiable risks arising from scientific findings.

The BLM's approval of the Ivanpah Project triggered yet another lawsuit, this one from the Western Watersheds Project over the federal government's alleged failure to comply with environmental laws in the California Desert Conservation Area.

In one case, it appears that the Chinese government may have targeted several Canadian law firms in an apparent effort to derail a $ 40 billion acquisition.11 In another, a firm's managing clerk is alleged to have accessed inside information about the firm's clients as part of an insider - trading scheme.12 Also, it recently was revealed that hackers working for the Chinese military targeted one company for information useful in ongoing litigation.13 Failure to secure such data from malicious employees, cyber-attacks, or carelessness can cause drastic reputational damage as well as liability.

If you have been injured as a result of a weld failure similar to the examples provided, you may have a viable personal injury claim arising from an alleged defective product.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

The failure to obtain a signed statement from the claimant or witnesses before the institution of proceedings where fraud was clearly being alleged was of itself evidence if incompetence (and therefore negligence).

The first step to recouping compensation from a careless truck driver or trucking company is to file a negligence action alleging that the driver or trucking company failed to use due care and that this failure was the direct cause of the injuries sustained.

There will be many cases where it should be clear from the start, or soon becomes evident, that any alleged failure of this kind, however reprehensible, can have no bearing on the reason why the respondents did the act complained of, which in cases of direct discrimination is what the tribunal has to decide.

He also alleged discrimination stemming from the government's failure to indemnify him for legal costs in defending the criminal charges.

The class action alleges that on January 12th, 2017, the US Environmental Protection Agency (EPA) issued a notice of violation to Fiat Chrysler Automobiles N.V. (FCA NV) and to FCA US LLC (FCA) for alleged violations of law resulting from the installation and failure to disclose engine management software that resulted in increased emissions of nitrogen oxide from the vehicles.

If it were true that a failure to obtain a conviction always sprung from a finding that the alleged event (s) never occurred, then perhaps this statement would be true.

Dr. Carneiro's claim of constructive dismissal against Chelsea was based on the club's alleged failure to take any steps following her complaints about sexually explicit chanting at premier league games, a lack of female changing facilities at several matches, and the fact that she was regularly subject to sexually explicit comments from her work colleagues.

In the court's opinion, the three - judge panel found that Illinois law requires the «622» affidavit from a health care expert in a suit alleging medical malpractice and that failure to do so is grounds for dismissal.

LCF Law's professional negligence practice is particularly noted for acting for individuals in claims against solicitors arising from inheritance disputes, as demonstrated by Bradford - based Ragan Montgomery's representation of an individual in a claim against his stepfather's former solicitors alleging negligence for failure to take adequate instructions as to the extent of the deceased's estate in drafting his will and for failure to properly execute the will in circumstances where the solicitors knew of the deceased's pending marriage and terminal illness.

One addressed the defendant's alleged failure to maintain medical records, and possible negative inferences to be drawn from such failure.

Administrator of prosecutor's office are not entitled to absolute immunity from suit for failure to implement procedures to ensure compliance with Brady v. Maryland, since alleged failures were administrative, not prosecutorial in function.

Arbitrated medical malpractice cases covering alleged improper prescribing of medication, improper use of restraints, failure to prevent drug - resistant infections, failure to diagnose cancer and numerous instances of failure to prevent medical condition from deteriorating

Represented the interested party in this judicial review alleging a failure to consult and a breach of Regulation 1370/2007 on public passenger transport by rail and road, arising from the award of a railway franchise.

In the settlement, GlaxoSmithKline agreed to plead guilty and to pay a $ 3 billion fine to resolve its criminal and civil liability arising from the company's unlawful promotion of certain prescription drugs, its failure to report certain safety data, and its civil liability for alleged false price reporting practices.

All Claims are brought by, or on behalf of, former Iraqi employees of the Defendants in Iraq, and all those contracted via third parties to offer services to the Defendants in Iraq between 2003 and 2009 and seek damages from one or more of the Defendants alleged injuries and / or financial losses caused by the alleged failure of one or more of the Defendants to adequately protect them or their Deceased relatives from risk of threats and / or injury from those opposed to the Defendants» presence in Iraq.

He is currently defending a claim by parents alleging failure to protect their child from bullying by peers, and a separate claim alleging breach of consumer rights.

They also argued that their failure - to - warn claim operated independently from the LIA, because it addressed alleged errors that occurred when the defendants manufactured or sold their products.

The injured parties and families of the deceased filed a New Mexico premises liability lawsuit against the shopping center, alleging that they failed to properly protect the patrons from the danger of a vehicle driving through the windows and that the failure resulted in the injuries and deaths.

We have defended our clients against alleged liability resulting from unlawful patent prosecution and the tying of IP assets; price maintenance and resale distribution problems; antitrust claims associated with the inappropriate use of copyrights, patents and trademarks; and the failure to meet the requirements of licensing agreements.

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.

Melfi appealed from the summary judgment decision, alleging that, among other things, the motion judge had erred in finding that Melfi's failure to remove its goods constituted abandonment.

, writes as a guest blogger for the UK blog formerly known Jack of Kent — now called David Allen Green, oddly enough — about what he describes as an «article in The New York Times on the apparent failure by the [London] Metropolitan Police to properly investigate alleged criminal activity by those working for the mainstream media» — an issue of considerably greater import than who gets to profit from sports trinkets and bulletin boards:

We have successfully represented officers and directors of banks, mortgage lenders (including those specializing in subprime loans), and other financial institutions in connection with regulatory matters and complaints brought against them arising from allegations of failure to observe their fiduciary duties, alleged fraud, alleged predatory lending practices, and other matters arising from their respective roles in guiding and leading the efforts in the marketplace of their institutions.

We do not cover: 1) loss or expense recoverable under any other insurance or through an employer; 2) loss or expense arising from or attributable to: (a) dishonest or criminal acts committed or attempted by You; (b) alleged violation of the laws of the country You are visiting, unless We determine such allegations to be fraudulent, or c) failure to maintain required documents or visas; 3) loss or expense arising from or attributable to: (a) debt, insolvency, business or commercial failure; (b) the repossession of any property; or © Your non - compliance with a contract, license or permit; 4) loss or expense arising from or due to liability assumed by You under any contract.

We do not cover: 1) loss or expense recoverable under any other insurance or through an employer; 2) loss or expense arising from or attributable to: a) dishonest or criminal acts committed or attempted by You; b) alleged violation of the laws of the country You are visiting, unless We determine such allegations to be fraudulent, or c) failure to maintain required documents or visas; 3) loss or expense arising from or attributable to: a) debt, insolvency, business or commercial failure; b) the repossession of any property; or c) Your non - compliance with a contract, license or permit; 4) loss or expense arising from or due to liability assumed by You under any contract.

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The valid concern is that the narcissistic targeted parent will externalize responsibility by alleging «parental alienation,» thereby continuing the child's exposure to emotional and psychological abuse from profound parental empathic failure and nullification of the child's self - authenticity, physical and psychological control and intimidation of the child, or active sexual exploitation of the child, and if the child reports the abuse the narcissistic predator simply alleges that it's a «false allegation» because of «parental alienation.»

The court ruled that the Broker's confidentiality policy was contrary to the purpose of the property disclosure law and that the Buyer had sufficiently alleged a cause of action against the Broker for its failure to disclose the information from the earlier transaction.