Sentences with phrase «gives rise to a claim against»

Even when a person is covered by workers compensation, frequently the circumstances of the accident give rise to a claim against some party other than the employer.

In addition, the motion judge made a finding that there was no fraudulent concealment because the Appellants were aware of the essential facts giving rise to a claim against the Respondents.

The Court held that the finding that the Appellants were aware of the essential facts giving rise to a claim against the Respondents was not a finding of discoverability.

Any of the following injuries, among others, can give rise to a claim against a municipality: faulty maintenance, faulty design of roads, poorly maintained sidewalks, dangerous public parks, poor operation of city vehicles, and police brutality.If you or a loved one has been injured as a result of the negligence of any municipality, the attorneys at 1LAW are here to help.

The court held that the finding that Mr. Y and Ms. L were aware of the essential facts giving rise to a claim against Mr. S is not a finding of discoverability within the meaning of the Limitations Act, 2002, s. 5 (1).

Specifically, the motion judge found, at para. 57 of his reasons, that there was no fraudulent concealment because Mr. Y and Ms. L were «aware of the essential facts giving rise to a claim against the alleged wrongdoer», Mr. S.

The typical lease agreement will clearly indicate that no Act of God can give rise to a claim against either party.

Not exact matches

Legal Claims: You must notify HRG, via e-mail at [email protected] or by mail to the address indicated below, of any claim you may have against HRG, within 30 days from the event giving rise to the claim.

Further, where an employee discusses pay because she feels that she has been discriminated against, any action taken by the employer to stop such discussion will give rise to a victimisation claim.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

Similarly, automobile design flaws leading to a roof that crumbles or a vehicle that is more likely to tip over may give rise to a claim for damages against the car company, even where the accident itself was caused by the driver.

Obtained summary judgment on claims of unfair trade practices which would have given rise to exemplary damages in a lawsuit against an equine veterinarian.

A new university study and the ever - increasing use of wireless devices, such as the BlackBerry, could result in a flood of lawsuits against employers for creating an allegedly dangerous environment where unpaid overwork is required for success, promotion and job security, a leading law firm warns -LSB-...] Giving rise to possible claims, is a recent study by Gayle Porter, Associate Professor of Management at Rutgers University in New Jersey, which suggests possible liability for companies if they keep their employees on «electronic leashes» as part of their job requirements.

Because our Professional Liability Insurance coverage is written on a claims - made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then

Similarly, anyone seeking to advance a claim against a director personally should first consider whether the director's conduct could be considered sufficiently unreasonable and imprudent to give rise to liability.

Common substantive obligations (breach of which may give rise to an ISDS claim) include: fair and equitable treatment of the investment, full protection and security, most favoured nation treatment and protection against nationalisation of investment assets.

In cases against New Mexico public entities, it is significant that notice of the negligence or conduct giving rise to a claim must be given to the particular public entity within ninety days or, in the case of a wrongful death, within six months.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

For example, a claim for malicious prosecution against a bankrupt which caused the judgment creditor mental suffering that manifested in physical symptoms was held not fall within s. 178 (1)(a. 1)(i) because «the action giving rise to the harm must have had the harm itself as its goal»: Floros v. Mueller, 2003 SKQB 513.

Given the basic nature of the errors that give rise to most property related claims and the tendency of some firms to use unqualified people for parts of the process, it is to be hoped that a greater emphasis on supervision will lead to a reduction in claims against conveyancers.»

It contended that the damage to its property caused by the flooding gave rise to a claim in nuisance against the party responsible for the section of the channel which was adjacent to its property.