Sentences with phrase «including substantial claims»

Prosecutes and defends marine subrogation claims for insurers and cargo interests, including substantial claims under COGSA, Carmack, and the Warsaw Convention.

Not exact matches

One issue included substantial right - to - reply from Baby Milk Action when an article made false claims about our monitoring.

The DfE report lists a litany of allegations, ranging from the petty to the substantial, including missing national insurance payments for staff, bogus claims for property rentals and direct payments to the chair of governors that violated the school's contract with the DfE.

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

Some non-Annex 1 countries including China and Mauritius claim that their non-Annex 1 status is justification for making no binding commitments to reduce their ghg emissions even though a substantial percentage of their population has very high income and high per capita emissions.

In a follow - up letter, Murray Energy Corporation Corporate Safety Director Pat Brady claimed the proposals, which also included the use of continuos personal dust monitors, were unworkable and would put jobs and coal production in «substantial jeopardy».

Harder's letter claims the book includes false statements about Trump that «give rise to claims for libel» and the possibility of «substantial monetary damages and punitive damages.»

This includes for a bereavement award, and sets out the criteria for a dependency claim which if successful is often a substantial payment.

Three separate and substantial six figure contractual disputes and claims including Offshore issues and two claims where action was taken to pierce the corporate veil and effect recovery from Directors.

His more substantial cases include a # 70 million fraud claim in which Ed acted for the UK's 5 largest brewers with a market share of over 82 %.

Tom has experience across a wide range of commercial cases, including disputes regarding contractual construction, duties under contracts and in tort, issues of quantum and substantial banking & finance and civil fraud claims.

It (Thompsons) is handling a substantial number of claims involving catastrophic injuries (including cerebral palsy, amputations and brain injuries) and acts for some of the most influential trade unions in the country.

Taft's attorneys have substantial experience in cases asserting pension plan design allegations, cash balance pension plan design claims, including claims of whipsaw, wearaway and anti-cutback, retiree insurance claims, fiduciary duty claims, issues peculiar to pension plan mergers, other claims relating to employee welfare benefit plans, issues concerning summary plan descriptions and also claims concerning the efficacy of ERISA 204 (h) notices.

He is regularly instructed in substantial wrongful dismissal claims, typically involving serious allegations of wrongdoing, including dishonesty, and breach of directors» and fiduciary duties and diverting business opportunities.

Jack has over twenty years of experience in numerous types of commercial litigation matters, with substantial representations of clients in many matters involving environmental litigation, including five trials pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, significant architectural, engineering and construction disputes, business acquisition and transactional disputes, including takeover / merger and acquisition litigation, claims under purchase and sales and indemnity contracts, securities law litigation, insurance coverage on behalf of the insured, and legal issues relating to medical records release and copying.

Advising both landlords and tenants, including clients with substantial property holdings, on the full range of dilapidations issues including advice on avoiding claims and on supersession and diminution in value under section 18 (1) of the Landlord and Tenant Act 1927.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

We have recently seen several claims arising out of this exact scenario, including some involving substantial dollar amounts.

He has substantial experience in professional liability work, including in particular claims involving solicitors, accountants, auditors and tax advisers, financial services professionals and surveyors and valuers.

Our substantial experience in contentious probate matters includes both bringing and defending claims involving:

Highlights included acting for Omega Atlantic Limited in its professional negligence claim against GVA Grimley related to funding advice, and are representing Univer Manufacturing in a claim against its former solicitors alleging that the firm's drafting of an exclusive distribution agreement and indefinite IP licence failed to protect the client's interest causing substantial loss.

They specifically focus on strategies that can prevent and defend against substantial burden, unreasonable limits, and equal terms claims, including using the safe harbor provision, addressing public statements, and educating government officials about the law.

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

Through a wide variety of representations of clients, Daryl has gained substantial experience in cases involving multiple parties, contracts, fraud, business torts, DTPA, UCC, trade secrets, employer / employee contracts (including non-competes), sexual harassment and other discrimination claims, landlord / tenant, and lien filings, contractors and subcontractors rights and eminent domain / condemnation.

The Court awarded substantial damages to the Plaintiff, including $ 100,000 for an in - trust claim, ruling that her husband had spent a great deal of time with her since the accident to assist her, over and above what would normally be expected from a spousal relationship.

Her insurance coverage practice includes substantial experience in property claims - related litigation, including high - profile insurance coverage litigation arising out of the September 11 catastrophe.

Insurance and reinsurance arbitrations in England and abroad, including reinsurance claims arising from substantial audit and tax advice liabilities incurred by the Big 4 (formerly Big 5) accounting firms.

We have handled substantial numbers of mediations of professional negligence claims, for both claimants and defendants; these include several recent claims against solicitors and accountants, most of them complex multi party actions.

Tara has substantial experience in multi party claims, claims handling and case managed litigation and has had many cases reported at all levels up to and including the Supreme Court.

Rupert has substantial experience of claims for injunctive relief in the commercial employment sphere, both in relation to the enforcement of restrictive covenants and the protection of employer confidential information (ZeroLight Ltd v Wolff [2016] EWHC 487 (QB), Pendragon plc v Brearley and others), and of contractual claims arising out of employment disputes including bonus claims.

Topcoat Construction v Compromise Agreements (2014) An early claim in defamation under the 2013 Act by a construction company involved in a number of substantial commercial contracts including the maintenance of social housing facing unsubstantiated allegations of fraud, bribery and corruption in publicity materials uploaded by a claims management company to its website resulting in immediate financial losses.

He also has substantial experience of High Court claims in the business protection / employee competition sphere, including for springboard and post-termination injunctive relief (ZeroLight Ltd v Wolff [2016] EWHC 487 (QB), Pendragon plc v Brearley and others).

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

Extending the scheme to include employers» liability and public liability claims, excluding occupational diseases, was worth considering, it said, but would require «substantial» time to develop.

Amy's other recent and ongoing work includes Commercial Court proceedings and an LCIA action in a multi-jurisdictional shareholder dispute, a substantial contractual claim in the TCC arising from a complex IT implementation, litigation between the former CEO of Group Lotus and his former employer and its Malaysian shareholders, unfair competition litigation brought by Swiss IDB ContiCap, an LCIA arbitration in the media sector, and conspiracy claims in team poaching litigation between insurance brokers Willis and JLT, and between IDBs Tullett Prebon and BGC Brokers.

The «qualified» aspect lies in the need to control behaviour (including maintaining the benefits of Pt 36 as a means of settling claims) and to address those occasional cases where the claimant has substantial means and the defendant does not.

The proposed settlement will provide substantial certainty over a large area of the Wimmera in Victoria, including a formal court determination that native title does not exist over 98 % of the claim area.

The bill restricts certain State claims for Federal reimbursement of administrative costs under the Federal foster care program; clarifies the use of Medicaid targeted case management services for children in foster care; includes substantial cuts to programs; and reauthorizes TANF, adding new work requirements while providing almost no funding increase in child care.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained