Sentences with phrase «from wrongful»

A claim arising from a wrongful death or serious injury can generate a judgment in the millions of dollars.

As a bonus, the company's «Anytime Advocates» can help with your claim and say they've put $ 1 million in coverage «back in travelers» pockets,» presumably resulting from a wrongful denial.

Church Directors and Officers Coverage for damages resulting from wrongful acts and reimbursement of loss and claim expense

In other words, this insurance is all about safeguarding the previous, present and preceding directors and officers from any sort of damage arising from wrongful activities, which they might be involved in.

The arbitrator decision ensured that the employee did not benefit from what he gained from his wrongful conduct.

Throughout all the areas of practice, from wrongful death to professional liability, can you share with Lawyer Monthly the area which can pose the most challenge for you?

- The law lords have separated inducing breach of contract from wrongful interference with trade, and rejected a long stream of authority starting with some dicta in Allen v Flood supporting the unified theory.

Although the phrase might be interpreted to mean that the plaintiff is somehow excusing the defendant from the wrongful act and thereby forgoing the remedy at law, the plaintiff, in fact, does no such thing.

In the Court's view, there was no reason for the Trial Judge to depart from the compensatory rule as the claim was in negligence, the Respondent did not use the vehicle, and the Respondent derived no benefit from its wrongful possession.

The question often arises whether there is any relief available from the harm suffered by spouses from the wrongful acts of the other party.

However, if you relied on your loved one for ongoing financial support, you may have a right to seek financial recovery from a wrongful death.

Stolarz offers suggestions that he believes can help protect the innocent from wrongful convictions and death sentences.

Some states had direct appeals of criminal convictions earlier than this but the writ of habeas corpus does precede a direct appeal as a form of relief from a wrongful criminal conviction historically and was the primary means by which one could obtain relief from a criminal conviction in 1789 when the U.S. Constitution, which preserved the right to seek a writ of habeas corpus even before the Bill of Rights added most other new criminal procedure rights under the constitution, was adopted.

She claimed damages against both her employer and her supervisor, Mr. Morris, for damages arising from her wrongful dismissal, a series of sexual assaults, and sexual and racial harassment.

We represent both employers and employees in issues ranging from wrongful dismissal and labour arbitration grievances to drafting employment contracts.

However, employers are not automatically protected from wrongful dismissal claims by merely providing a severance package.

Against tremendous odds, Stevenson has worked to free scores of people from wrongful or excessive punishment, arguing five times before the Supreme Court....

Coming in just under the wire, the Supreme Court of Canada's mid-December 2013 decision concerning the deductibility of pension benefits from wrongful dismissal damages will have far - reaching effects to be sure.

However, plaintiffs pursuing damages from a wrongful death claim may be entitled to an award of punitive damages if the defendant is convicted of felony murder.

A recent example of Anne's work was a project involving researching and writing numerous briefs for the plaintiff international food company in a case brought against the U.S. Trade Representative for damages arising from the wrongful imposition of retaliatory duties, which the plaintiff food company won on summary judgment.

This includes the right to protection from wrongful termination.

The SCC dismissed the appeal, finding that Waterman's pension benefits were not deductible from his wrongful dismissal damages.

Accordingly, pension benefits can not be deducted from wrongful dismissal damages.

When harm results from the wrongful exposure to a toxic chemical or biological substance through ingestion, inhalation, skin contact, or skin absorption.

This decision affirms that, in general, an employer is not entitled to deduct a benefit from wrongful dismissal damages if it is not an indemnity for the loss caused by the breach and the employee has contributed in order to obtain entitlement to it.

Compensation for harm that ordinarily results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury.

These jury trials covered a broad spectrum of cases ranging from wrongful death and catastrophic injury, to will contests and contractual matters, to soft - tissue whiplash cases.

If your condominium corporation is considering terminating its employment relationship with a superintendent, the board of directors should obtain professional advice on the proper methods for doing so, including best practices for conducting a termination meeting, the law regarding termination pay and notice requirements, and how to best protect the condominium corporation from a wrongful dismissal or human rights claim by the terminated employee.

Article 12 of the Hague Convention mandates the return of children who have been wrongfully taken or retained away from their habitual residence without the consent of a person with rights of custody, if less than one year has elapsed from the wrongful taking or retention to the commencement date of the return proceedings.

On December 13, 2013, the Supreme Court of Canada (SCC) issued its decision in IBM Canada Ltd. v. Waterman, 2013 SCC 70, confirming that employers may not deduct earned pension benefits from wrongful dismissal damages.

What is a survival action, and how is it different from a wrongful death claim?

The legal corollary of an employer's obligation to provide reasonable notice of termination is the employee's duty to mitigate the damages flowing from a wrongful termination.

Referring to previous Supreme Court of Canada and Court of Appeal decisions, the Court confirmed that EI benefits are not to be deducted from damages, because an employer should not be able to benefit from its wrongful termination of an employee which requires that employee to apply for and make use of EI benefit entitlements.

In many cases, violent deaths result in a criminal case for homicide or manslaughter, which will be handled separately from the wrongful death case.

The money gained from a wrongful death suit can cover funeral expenses, lost wages, and pain and suffering, too.

This medical malpractice claim was for a cardiac arrest and cognitive impairment resulting from a wrongful prescription of Aricept.

A jury is usually tasked with determining the amount of compensation that results from a wrongful death case.

If you are suffering from personal injury and looking for a seasoned Clayton County personal injury lawyer to fight for your rights or your dear one has suffered from wrongful death or serious injury because of the omission or acts of someone else or you want a good Clayton County car accident lawyer, the Clayton County personal injury lawyers and wrongful death attorneys at Zeribe Law Offices are the ones for you.

A King County judge dismissed Solid Ground from the wrongful death suit Friday.

This was OK, the Appeals Court said, given that «any diminution in market value arising from the wrongful cutting was of less importance than was the destruction of the special value that the land and its stand of mature oak trees held for Glavin.»

Marcus currently practices in all areas of workplace law, advising and representing employers on issues ranging from wrongful dismissal matters to human rights to construction sector labour relations.

Testimony from doctors and financial advisers can attest to the possible financial strain resulting from the wrongful death accident to better establish a suitable compensation for personal damages.

Medical expenses incurred for the care and treatment of the deceased before their untimely passing may be recovered from wrongful death lawsuits.

The Emory Sleep Lab; This verdict stems from a wrongful death lawsuit filed on behalf of Renee «Sunshine» Lewis and the family of Brandon Maurice Harris in DeKalb County State Court.

In California tort litigation arising from a wrongful death, the question often arises as to whether plaintiff claimants bear legal responsibility for the pre-death medical expenses of their...

In cases which arise from wrongful criminal convictions, resolution of the criminal charges in a manner favourable to the plaintiff may be required before a cause of action can arise.

Anyone who has suffered from a wrongful injury within this community should not hesitate to contact Cope, Zebro & Crawford!

The damages a family member can recover from a wrongful death lawsuit are not identical to those damages that would be available to the actual victims.

(application to European Court of Human Rights; whether violation of presumption of innocence; challenge to refusal of the Secretary of State to grant F compensation under s. 133 of the Criminal Justice Act 1988 arising from his wrongful conviction in 2004 for various sexual offences).

Overall, the Court was able to distinguish Mr. Waterman's situation from the facts of Sylvester on a number of points, and held that pension benefits should not be deducted from wrongful dismissal damages.