The last challenge was to plaintiff's
gross negligence claim which the court dismissed as not recognized as an independent cause of action in Pennsylvania.
This is known as
a gross negligence claim.
Wrongful death
gross negligence claim against employer for man killed when trapped between pipeline and rotating piece of heavy equipment.
The defendants» demurrer was overruled, and our puntive damage and
gross negligence claims were upheld.
... plaintiff's common - law breach of fiduciary duty and
gross negligence claims must be dismissed because they are preempted by the Martin Act.
Not exact matches
The cardholder agrees that s / he will defend and indemnify the Priority Pass group of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless from all liabilities, damages, losses,
claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to, or destruction of, any property arising from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of
gross negligence or wilful misconduct by the indemnified parties.
Claims for damages are excluded, except in cases of
gross negligence or wilful intent.
He also handles cases involving the defense of
claims for premises liability, breach of contract,
negligence,
gross negligence, and violations of consumer protection statutes.
Henry Fenton successfully defended a prominent interventional cardiologist against
claims of unprofessional conduct,
gross negligence, repeated acts of
negligence and...
If a crane accident led to the death of your loved one, you can file a wrongful death
claim in order to hold the responsible individuals accountable for their
gross oversight and
negligence at the construction site.
If it can be proven that there is
gross negligence in maintaining a roadway then holding a government agency liable and
claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.
Even if LSUC could be considered a service provider, Morgan writes, the law society has a statutory immunity from these
claims, which can only be bypassed by a
claim of
gross negligence.
On December 20, 2011, the New York Court of Appeals unanimously ruled in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. that the New York General Business Law article 23 - A, sections 352 - 353, also known as the «Martin Act,» does not preempt common law securities
claims for breach of fiduciary duty and
gross negligence.
The Appellate Division reinstated two tort
claim for breach of fiduciary duty and
gross negligence and a contract
claim, stating,
The Supreme Court granted the defendant's motion and dismissed the
claim in its entirety under CPLR 3211, holding that breach of fiduciary duty and
gross negligence fell,
If someone is injured or killed on the job in Texas and the employer subscribes to state - run workers» comp, the victim and / or their family is barred from filing a
negligence claim against the company (except when
gross negligence is involved) by law.
Car Accident Law: If you are involved in a car accident, auto collision, or auto - related issues surrounding
gross negligence, our Greeley car accident lawyers have the expertise and experience to resolve your
claim.
The plaintiff sued the ranch, the designer, and the owner of the country club,
claiming gross negligence,
negligence, and premises liability.
He sought damages from his employers («CCRL»): settlement was reached on the basis that the
gross value of the
claim was about 」 2m but that the Claimant would accept 」 400,000 in damages on the basis of an 80 % discount for contributory
negligence.
However, on appeal, the Superior Court determined that the Small
Claims Court Judge did not properly describe which acts or omissions of the manager actually amounted to insubordination, recklessness and / or
gross negligence.
In his decision, the Small
Claims Court Judge described a number of acts or omissions that could amount to insubordination, recklessness and / or
gross negligence: issuing incorrect status certificates, delays in preparing banking documents for signature, late payments, failure to provide reports to the Board.
Karen represents employers in employment litigation and arbitration matters involving a variety of
claims, including
claims concerning age, sex, gender, race, national origin, disability, religion, the Family and Medical Leave Act, the Fair Labor Standards Act, retaliation, misappropriation,
gross negligence, breach of contract, defamation, tortious interference, covenants not to compete and other employment laws and related torts.
She
claimed medical
negligence and
gross negligence against the defendant, as well as respondeat superior against the entities.
If a third party contractor, engineer, equipment manufacturer, or your own employer's
gross negligence or recklessness caused your injuries, you may have a
claim in civil court for compensatory and punitive damages.
The family sued for wrongful death,
claiming that the university's
negligence and
gross negligence had caused their son's death.
They name BP administrator Kenneth Feinberg as the primary defendant and assert
claims of
gross negligence,
negligence,
negligence per se, fraud, fraudulent inducement, promissory estoppel and unjust enrichment.
Legal disciplines and
claims in which we have represented clients include: breach of contract,
gross negligence, willful misconduct, fraud, trade secret misappropriation, intellectual property violations, product liability, competition law violations and insurance coverage.
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claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract,
negligence, strict liability, or otherwise and even if 4autoinsurancequote.com has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third - Party Site, materials in any Third - Party Site, or the inability to use any Third - Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of 4autoinsurancequote.com's
gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.
All of your clients»
claims regarding unauthorized debit of their cryptocurrency wallet, material errors (e.g. double payments or wrong amount), wrongful delivery, defective goods and / or services, volatility in the price of the cryptocurrency or fraud shall be your responsibility, unless such debit, error or fraud was a direct result of a serious fault or
gross negligence on the part of SpicePay.