Sentences with phrase «in breach of contract cases»

As the court pointed out, the intent behind awarding damages in breach of contract cases is to place the damaged party in the place he would have been in if the contract had not been breached.

Has acted for large and small companies in breach of contract cases with service providers and suppliers;

The case also illustrates how vital getting documents into evidence in breach of contract cases and the paramount importance of clear prevailing party fee provisions in written agreements.

He provides counsel in breach of contract cases, public access disputes, and the sale, lease, and restructuring of distressed real estate.

Representing a real estate developer in a breach of contract case involving the proceeds of an escrow account relating to an $ 85 million redevelopment project.

The lawsuit also seeks attorney's fees, expert witness fees (apparently beyond what would normally be allowed in a breach of contract case), and... yep, punitive damages.

Representation of a national chemical company in a breach of contract case involving multi-million dollar international shipping contract.

Davis Malm's litigators have obtained a $ 10.375 million jury verdict (approximately $ 20 million with pre-judgment interest) in a breach of contract case tried in Federal Court in Boston.

Evidence that doesn't appear inside the «four corners» of the contract, such as comments made by the plaintiff or defendant who are now facing off in a breach of contract case, can not be considered if they contradict what is inside the contract's «four corners.»

For instance, in a breach of contract case, the contract itself is direct evidence of the existence of the contract.

Punitive damages will only be awarded in a breach of contract case (such as a wrongful dismissal) if there is an independent actionable wrong.

Not exact matches

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

A chancellor in Delaware has thrown out a case brought by R3 alleging that Ripple breached a contract that would have allowed R3 to purchase 5 billion XRP from Ripple, effectively earning a profit of around $ 1 billion.

The same shall apply if the Shipper refuses to provide information at Chit Chats Express's request if Chit Chats Express has the suspicion that a Shipment contains Prohibited Goods or in case of a suspicion about any other breach of contract.

In case you missed it, Benchmark — a major investor in Uber with a representative on its board — filed a lawsuit against Kalanick for fraud and breach of contracIn case you missed it, Benchmark — a major investor in Uber with a representative on its board — filed a lawsuit against Kalanick for fraud and breach of contracin Uber with a representative on its board — filed a lawsuit against Kalanick for fraud and breach of contract.

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 fact, the Authors Guild posted a statement earlier this month saying it believes that Amazon is actually in breach of contract with some of the publishers whose books it's offering to lend — since the Guild says buying books in bulk (as Amazon has done in some cases, so it can offer them for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intendIn fact, the Authors Guild posted a statement earlier this month saying it believes that Amazon is actually in breach of contract with some of the publishers whose books it's offering to lend — since the Guild says buying books in bulk (as Amazon has done in some cases, so it can offer them for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intendin breach of contract with some of the publishers whose books it's offering to lend — since the Guild says buying books in bulk (as Amazon has done in some cases, so it can offer them for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intendin bulk (as Amazon has done in some cases, so it can offer them for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intendin some cases, so it can offer them for free to subscribers) doesn't allow the buyer to lend those books in the way Amazon intendin the way Amazon intends.

The same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally Design Hotels ™ liability shall be limited to typical damages foreseeable under the contract.

An audit of the Department of Energy's (DOE's) Fiscal Year 2016 Nuclear Waste Fund financial statement, conducted by accounting firm KPMG for the DOE Office of Inspector General and released in December 2016, showed 38 lawsuits had been settled as a result of the DOE's partial breach of contract ensuing from inaction on Yucca Mountain, and 41 cases were resolved by final unappealable judgements.

In the Scott McInniss case, my understanding was that the real issue was that the plagiarism led to a breach of contract, since the Hassan Foundation was paying him for original research.

The end user is likely to be in breach of Netflix's Terms of Use (relevant clause extracted below); in this case, Netflix would have to sue for breach of contract, and it is quite likely that judgement would be in their favour.

In many cases of breach of contract, it is ultimately about the financial damages and how they can be recuperated.

Some of the most common cases in today's small claims court likely involve some kind of contract breach.

The claimant won every single legal point germane to his primary case, but by the application of the «policy» point borrowed from the House of Lords» decisions in McFarlane and Rees — that a healthy child is a blessing rather than a detriment — the decision has conferred upon the IVF clinic effective impunity from the normal consequences of their breach of contract.

In many cases, the remedies for a breach of contract are written right into the contract itself.

Since tort damages are recoverable, the courts have attempted to carefully define the range of potential defendants in interference cases to ensure that the liability of the contracting parties is limited to damages available for breach of contract.

As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS.

She has represented both plaintiffs and defendants in cases on a wide variety of claims, including breach of contract, fraud, defamation, and civil liability for cyberstalking.

In defending a young college student against a landlord's breach of contract lawsuit, successfully argued for and obtained a dismissal of the case halfway through trial.

Kaylin also has significant experience handling commercial litigation matters in both state and federal court, representing corporate clients and individuals in a wide range of matters, including complex breach of contract cases, writs of garnishment and replevin, business torts, and fraud and securities litigation.

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).

Mr. Carter has successfully tried numerous cases and represented companies and individuals in a wide variety of matters, including complex business disputes involving claims of breach of contract, fraud, unfair and deceptive business practices, and franchise disputes.

Chair of the Tribunal in UNCITRAL Case (international) involving breach of contract between bio-tech companies

The Texas - based law firm specializes in a variety of personal injury, breach of contract, fraud and negligence cases, including oilfield and refinery explosions, trucking accidents, toxic exposure and dangerous prescription drugs.

Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.

7 May 27, 2014)(unpublished) drew a majority and two concurring opinions in a case where a breach of contract jury verdict of $ 14.625 million and postjudgment fee award of $ 1,512,999 went POOF!

This point on «reasonable and proper cause» came up recently in the case of Mostyn v S and P Casuals Ltd, where the EAT held that threatening to impose a significant pay cut could not amount to «a reasonable and proper cause» and was in breach of both express and implied terms of the contract.

He has successfully tried cases to verdict in the following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving Under the Influence; Breach of Contract; Wrongful Termination; Fraud; Professional Negligence; Breach of Fiduciary Duty and Personal Injury.

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).

She has litigated cases involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the National Labor Relations Act, the Family and Medical Leave Act, various state discrimination statutes, and common law and tort claims, such as retaliatory discharge, defamation, and breach of contract claims.

In litigation, work is likely to involve more variety, as one interviewee reported: «I started with a breach of contract case for a bank.

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.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial revieIn this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial reviein the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

If a lawsuit costs $ 1000 to bring, but 90 % of people will breach the contract if you never sue, while only 1 in 100,000 will breach if you sometimes bring high profile lawsuits, it could make strategic sense to sue in a small dollar case even though the individual lawsuit isn't a profit center.

Among the 62,000 cases, the company said, 4 in 5 include a breach of contract claim, and 57 percent include a business tort claim.

Lilly did not owe Apotex an equitable duty, nor is this case akin to the «exceptional» breach of contract cases where courts award restitution damages to a plaintiff in order to prevent a defendant from exploiting a bilateral agreement to its advantage.

Michael Muse - Fisher represents public and private companies in a variety of state, federal and administrative cases involving contract disputes, commercial litigation, licensing and intellectual property matters, eminent domain / inverse condemnation, government tort liability, breach of fiduciary duty, as well as land - related torts.

He also was lead counsel in a precedent setting case before the Third District Court of Appeals on the issue of whether bad faith claims could be pursued simultaneously with an insured's breach of contract claim, resulting in lower costs and exposure to insurers throughout the State.

In that case, Valcom Ltd. and two of its employees who defamed a consultant and then breached a contract with another company in order to force the removal of the consultant from a government contract were found liable for defamation, unlawful interference with economic relations, and inducing breach of contract, and ordered to pay $ 600,000 in damageIn that case, Valcom Ltd. and two of its employees who defamed a consultant and then breached a contract with another company in order to force the removal of the consultant from a government contract were found liable for defamation, unlawful interference with economic relations, and inducing breach of contract, and ordered to pay $ 600,000 in damagein order to force the removal of the consultant from a government contract were found liable for defamation, unlawful interference with economic relations, and inducing breach of contract, and ordered to pay $ 600,000 in damagein damages.