Sentences with phrase «in breach of contract action»

COLUMBUS, Ohio (Legal Newsline)-- The Ohio Supreme Court has ruled that punitive damages are not recoverable in a breach of contract action in which the alleged violation stems from conduct that also constitutes a wrongful act.

In Archon Construction Co. v. U.S. Shelter, L.L.C., 2017 IL App (1st) 153409, the Illinois Appellate Court held that a contractor could not recover on a quantum meruit claim for extra work even though the contractor did not recover for the extras in a breach of contract action.

Defense judgment in bench trial for electromechanical parts supplier in breach of contract action brought by competing company.

$ 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.

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.

Court, S.D.N.Y in the matter of Flushing Bank v. AGCS Marine Insurance Company, 16 - CV - 2638 (RJS) in breach of contract action arising out of a claim by a loss payee.

Obtained recovery of over $ 1,000,000 on behalf of an ice cream manufacturer in a breach of contract action arising from a dispute involving a distribution agreement.

TCL v. Ericsson: Representing TCL in a breach of contract action based on FRAND obligations relating to Ericsson's standard essential patents.

More important, in a breach of contract action the plaintiff has to «mitigate» damages.

In breach of contract actions, personal jurisdiction turns on whether a defendant purposefully avails itself or the privilege of doing business in the forum state.

Not exact matches

The contract manufacturers» counter-suit comes as part of Qualcomm's a breach of contract legal action filed in May, after the contract manufacturers stopped paying patent royalties on Apple devices.

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.

To avail itself of the BICE, however, Thrivent «would be forced to agree contractually with its customers that they could pursue a breach of contract action against Thrivent and that they could participate in judicial class actions against Thrivent,» the complaint states.

Lazio's solicitor Gian Michele Gentile added that this is a «clear breach of contract» and that legal action was inevitable with the club put in a difficult position both on and off the pitch.

In this case, that's pretty easy to prove: If Ellora's Cave breached its contract with Ann Jacobs by failing to timely pay royalties, that is a question of fact that is common between this action and the DA v. EC dispute.

In order to get into federal court, you either need (1) a federal cause of action (there isn't one here; breach of contract is a state claim), or (2) «diversity of citizenship» + an amount in controversy over $ 75,00In order to get into federal court, you either need (1) a federal cause of action (there isn't one here; breach of contract is a state claim), or (2) «diversity of citizenship» + an amount in controversy over $ 75,00in controversy over $ 75,000.

On behalf of his neighbors in Florida — as well as California — Nathan Nabors is attempting to take on Google in a breach of contract class action lawsuit, due to the continuing problems with the Nexus One's 3G signal.

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.

While the court found that Theresa's actions were legally a breach of contract, the judges ruled in her favour, arguing that despite being in breach, the vacancy was in no way related to the fire.

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.

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).

«Commentary on litigation in the Windy City on topics such as business litigation, breach of contracts, fraud, building defects, real estate disputes, nursing home abuse, medical malpractice, auto accidents, truck crashes, dog bites, employment discrimination and class actions.»

She was later sent a letter from the club management reading: «Your actions can be considered to be theft in circumstances where you do not have permission to take Club food from the premises, and therefore a breach of your contract of employment... The gravity of your misconduct is such that the club believes the trust and confidence placed in you as its employee has been completely undermined...»

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 damageIn 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 damagein the form of a required action for damages.

Defended a major financial institution in residential mortgage backed securities - related class action litigation alleging breach of contract and other claims arising from the institution's role as an indenture trustee.

Represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer.

Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX).

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.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

[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?

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

Jeff J. Bowen (Madison) is a member of the Insurance Coverage Litigation practice and has represented a wide range of clients in commercial litigation, arbitration, and insurance matters, including insurance recovery, patent and copyright disputes, breach of contract actions, and regulatory matters.

Regarding business disputes, the firm has extensive experience defending its clients against a wide variety of claims, as well as initiating meritorious action against bad actors in fraud, breach of contract, and collection matters.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

He has represented both plaintiffs and defendants in cases involving a wide variety of claims, including breach of contract, professional malpractice, personal injury, insurance bad faith, and debt and judgment collection actions.

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 decision in Lam v. University of British Columbia is the latest legal chapter in a long - running class action against the university, alleging negligence and breach of contract over a malfunction at a freezer in its andrology laboratory.

He has also represented corporations in professional malpractice, breach of contract, consumer rights, real estate, civil rights, product liability, construction, whistleblower, medical malpractice, class action and mass tort litigation.

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.

in a challenge to a creditors» compromise under the Companies Act 1993 and related breach of contract and defamation action (ACC & Ors v Trends Publishing International Limited [2015] NZHC 3316)