Dan's practice also
includes breach of contract actions, commercial litigation, insurance coverage litigation and personal injury defense.
Not exact matches
To the fullest extent permitted by law, these disclaimers and limitations
of liability apply to any and all damages or injury whatsoever caused by or related to use
of, or inability to use, the Help Scout Service under any cause or
action whatsoever
of any jurisdiction,
including, without limitation,
actions for
breach of warranty,
breach of contract or tort (
including negligence).
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.
Notwithstanding the foregoing, no
action brought by either party against the other for
breach of this Agreement shall be limited to
breach of contract remedies and either party may bring any additional cause (s)
of action that would otherwise be available to it,
including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17
of the United States Code.
You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (
including increased administration and legal costs on a full indemnity basis), claims,
actions and any other losses or liabilities suffered by Us and arising from or relating to Your use
of the service, information and / or other material posted on the Service by You and / or arising from or due to any
breach of contract, any tortious act and / or omission and / or any
breach of statutory due by You.
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.
She focuses her practice on complex business litigation and arbitration,
including class
action defense,
breach of contract, product liability, and fraud.
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.
Concentrating on litigation,
including business disputes,
breach of contract actions, officer and director liability, securities litigation, professional liability, trade secret litigation, elder abuse
actions, and select personal injury matters.
Business litigation
includes several types
of business - related claims, such as
breach of contract, partner disputes, shareholder disputes, IP enforcement, employment claims, derivative
actions, and more.
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.
Lamar is an Eastern North Carolina injury lawyer whose practice areas
include insurance bad faith, fraud or unfair business acts, catastrophic personal injury, medical malpractice, car accidents, defective products, business disputes,
breach of contract actions, property disputes, collections or money disputes, and shareholder, partnership and membership disputes.
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.
Among others, Mr. Ferdinand's experience
includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals;
breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant
actions,
including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims,
including commercial and residential construction liens; planning board
actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.
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.
His litigation experience
includes trademark, copyright, unfair competition, unfair business practices, antitrust, entertainment, securities, products liability, tort,
breach of contract and
breach of warranty
actions.
She represents clients in a wide range
of matters
including, obtaining traditional and administrative writs in mobile home park conversions, and litigation involving construction defects,
breach of contracts and employment wage class
actions.
She has successfully handled appeals in a wide variety
of substantive areas,
including employment, banking, class
action, product liability,
breach of contract, tort and insurance matters.
We also handle High Court litigation for
breach of contract including injunctions to enforce restrictive covenants,
actions for
breach of copyright and confidentiality and high value claims for non-payment
of bonuses.
The causes
of action included tortious interference with prospective business relations, business disparagement, fraud, violations
of the Texas Free Enterprise Act, and
breach of contract.
His business litigation work
includes trying cases involving intellectual property disputes,
breaches of contract and fiduciary duties, business torts, corporate espionage, defamation, whistleblowing and qui tam
actions and securities fraud.
The matters handled by our commercial litigation attorneys
include, but are not limited to,
breach of contracts, unfair competition, tortious interference, restrictive covenants, corporate and partnership disputes, shareholder derivative claims, class
actions, fraud, and collection
actions.
Neil brings a practical approach to dispute resolution and counseling, representing clients in a broad range
of industries on key areas
of litigation risk,
including breaches of contract, business torts, intellectual property disputes, securities litigation, and class
action defense.
Climaco, Wilcox, Peca & Garofoli's litigation experience encompasses complex commercial and business litigation,
including breach of contract cases, construction disputes, employment disputes, shareholder disputes, consumer class
actions, securities fraud litigation, pharmaceutical and medical device class
actions.
Commercial Litigation — Lead attorney in international fraud and
breach of contract action resolved in client's favor on summary judgment
including recovery
of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment
action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf
of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort
actions; Represented finance company in AAA Arbitration.
Her practice entails matters in state and federal court,
including business torts, class
action defense, products liability,
breach of contract,
breach of fiduciary duties and allegations
of unfair business practice and fraud.
He has 30 years
of experience representing companies, boards, and individual officers and directors in a broad range
of high - stakes commercial litigation and investigation matters,
including in the areas
of antitrust and unfair competition, intellectual property, securities, consumer class
actions,
contracts, data
breaches and professional malpractice.
Prior to joining Lewis Wagner, Meghan was an associate in the New York firm Traub Lieberman Straus & Shrewsberry's insurance coverage group, where she represented insurance company clients in insurance coverage litigation, and advised insurers on exposure and liability issues in wide array
of tort and commercial contexts,
including mass tort and class
action litigation involving pharmaceuticals, chemical, transportation, news and entertainment, and oil and gas; environmental suits; FDA compliance claims; unfair competition and false advertising claims; intellectual property claims; construction defect; personal injury; product liability; and associated
breach of contract claims.
Our experience has shown that these construction, utility line and fire cases expand beyond a plaintiff asserting a tort cause
of action, to
include claims among the defendants for
breach of contract and indemnification.
810 ILCS 5 / 2A -506 (1): An
action for default under a lease
contract,
including breach of warranty or indemnity, must be comenced within 4 years after the cause
of action accrued.
Mr. Geiger represents business clients in all types
of disputes, such as product liability (
including pharmaceuticals and medical devices), toxic torts, medical and genetics negligence,
breach of privacy, other personal injury claims, class
actions, multidistrict litigation, governmental
actions, insurance litigation,
breaches of contract, allegations
of fraud and unfair trade practices, commercial warranty disputes and intellectual property controversies.
He also has significant experience representing employers on a variety
of issues
including representative and class
action wage and hour matters, traditional labor matters, unfair competition claims,
breach of contract, fraud and prevailing wages.
He has litigated a wide variety
of disputes,
including consumer class
actions (
including alleged violations
of California's Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act), trade secret misappropriation and employee mobility disputes,
breach of contract, fraud, and product liability cases, and earn out, working capital, indemnification and other post-closing M&A disputes.
Ms. Berardi handles complex business disputes,
including claims for
breach of contract and business torts such as fraud, misrepresentation, unfair and deceptive trade practices, and class
action litigation.
Matters have
included: securities fraud, derivative
actions,
breaches of contract, unfair competition and other business torts; False Claims Act violations; discriminatory conduct; violations
of professional standards; and
breaches of duty.
Cases
include quiet title
actions, boundary disputes, employment cases,
including discrimination,
breach of restrictive covenants, and theft
of trade secrets,
contract issues,
including collection work, and bankruptcy litigation, specifically fraudulent transfer and preferential transfer claims.
He also regularly defends insurance and finance companies in claims by consumers and individuals alleging fraud,
breach of contract, or inadequate performance
of the insurance policy or financial product,
including both individual and class
actions.
He has represented clients in a wide variety
of commercial disputes,
including claims involving securities fraud,
breach of contract, class
actions, partnership disputes, trade secrets, common law fraud, and commercial torts.
«When the death
of a person is caused by the wrongful act, negligence, default, or
breach of contract or warranty
of any person,
including those occurring on navigable waters, and the event would have entitled the person injured to maintain an
action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death
of the person injured, although death was caused under circumstances constituting a felony.»
David has acted for clients in a wide range
of disputes,
including shareholder and partnership disputes, securities litigation, class
action defence, proceedings under the Competition Act, employment law disputes,
contract disputes,
breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.
He handles a variety
of commercial and class
action litigation matters,
including restrictive covenants,
breach of contract and
breach of warranty disputes.
A recent significant pleading involved drafting a detailed and complicated complaint and accompanying discovery on a variety
of causes
of action,
including § 1981 and
breach of contract, stemming from an alleged wrongful peer review
of a physician.
Our lawyers handle every type
of energy litigation,
including matters involving tax and royalty disputes, environmental contamination, state and federal regulatory matters, pipeline rights -
of - way and condemnation, tribal sovereignty, quiet title
actions,
breach of contract and personal injury.
These issues can
include contract disputes, business dissolutions, consumer class
actions,
breach of fiduciary duty allegations, and product liability issues.
He represents only management, and has experience defending employers in both state and federal courts and agencies in multiple areas
of employment law,
including wage and hour class
actions,
breach of contract, claims
of discrimination, harassment, retaliation, and wrongful termination, defamation, and other related matters.
Specialising in heavy construction disputes arising from building & engineering activities both nationally and internationally, relating to
breach of contract, delay & disruption, time extensions, prolongation, payment provisions, acceleration, loss
of productivity, final accounts and professional negligence
actions against professional advisers
including architects / engineers, surveyors and solicitors.
A significant component
of our litigation portfolio consists
of breach -
of -
contract disputes between businesses and representation
of creditors
of all types in avoidance
action litigation,
including preference, fraudulent conveyance, and other lender - liability
actions.
Notable mandates: current and ongoing class
actions have
included representing employee groups in several insolvency proceedings,
including Nortel, Canwest and Plasco; representing former patients
of Norman Barwin, who is alleged to have negligently inseminated his patients with the wrong sperm; representing air pilots employed by Air Canada over a
breach of contract; representing former students
of the residential school system, and their entitlements, under the 2007 Residential Schools Settlement Agreement; representing employees
of BlackBerry Canada after a transfer
of employees.