Sentences with phrase «intentional tort»

Some are seeking breach of contract damages and some are going further and suing for intentional tort damages (fraud) which bring with them the possibility of punitive or exemplary damages.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

In marriage and family law, alienation of affection and interference with family relations (in acts associated with the parental alienation syndrome (PAS)-RRB- may be grounds for an intentional tort.

So for example; if Dave drives his car at Susan knowing she is there, whether there is any actual malice in his actions or not (he may for example intend to scare her out of the way) if he hits Susan — his actions could constitute intentional tort.

It's rate but not impossible for auto insurance insurers to sue for intentional tort.

But occasionally someone will cause harm through an intentional act (which is usually defined as an intentional tort).

The only exception to the exclusive remedy rule is in the case of an intentional tort committed by the employer.

take the WHAT INTENTIONAL TORT ARE YOU test.

An objective approach to recklessness that considers whether a reasonable person would know that the harm was foreseeable or likely to result seems more consonant with negligence than with an intentional tort.

Only an experienced Massachusetts injury liability attorney can tell you for certain whether your personal injury was a matter of negligence, intentional tort, or strict liability.

Wherever possible, it is important to obtain the names and contact information of witnesses, as the biggest challenge with intentional tort cases is often determining what exactly took place.

● «The serious nature of this intentional tort must, of itself, be a factor to be weighed in the balance in the claimant's favour» — thus Hoare's violent assault on Mrs A «was an appalling event», and «Moreover, in the context of the defendant's previous convictions..

A plaintiff in an intentional tort case can not, however, rely on his own unilateral activity to support jurisdiction over a defendant.

1 / In intentional tort setting, a foreign defendant's conduct must be purposefully directed at a forum state for that state to exercise personal jurisdiction over the defendant;

Tried a wrongful discharge / intentional tort case to a jury verdict.

«The Trend In Construing the Ohio Employer Intentional Tort Exception - A Consistent, Workable Standard or Confusing, Expansive Quandary?

Other than that, the victim has to prove negligence, scienter or intentional tort.

Bars application of the rule joint and several liability in the recovery of all damages from defendants found to be less than 50 % at fault unless the defendant committed an intentional tort.

Represented a major U.S. - based automobile manufacturer in premises liability / workplace intentional tort claims associated with an employee's workplace injury while making repairs at one of its facilities.

Represented a global powder coating manufacturer in premises liability / workplace intentional tort claims associated with extruder burns.

The only exception to immunity is when an intentional tort (when someone has been hurt purposefully) has occurred, and the Court ruled that it didn't exist in this case.

«There's a provision of the Texas constitution that says you have the right to bring an intentional tort claim against employer, while you're alive,» said lead council Valerie Farwell.

Because compensation is ensured, Florida also grants immunity to employers unless they committed an intentional tort, and to fellow subcontractors unless there was gross negligence.

Larry focuses his practice primarily on workers» compensation, wrongful discharge, retaliation, personal injury and intentional tort litigation.

$ 430,000 — Employer Intentional Tort (September 2013) Plaintiff's fingers were severed while operating machinery due to her employer's deliberate removal of a safety guard.

Most non-U.S. jurisdictions would not allow an award of punitive damages in a civil action involving an intentional tort.

Most U.S. states allow for an award of punitive damages in connection with an intentional tort (statutes of limitations and pre-judgment interest award rules vary greatly).

When there is evidence of intent, that is an «intentional tort.»

The judge found that it was clear that this was an intentional act and not negligent and stated at para 68,» Based upon the analysis which I have just explained, I am satisfied that the matter at bar is most appropriately understood within the context of the intentional tort analysis.

Egeland is a frequent speaker on topics ranging from expert witness deposition strategy and employer liability and intentional tort claims to alternative fee arrangements and matters relating to the effective and efficient practice of law.

Mr. Morrow has represented schools, daycares and churches who have been sued for the acts of their employees that include molestation / sexual abuse related suits that include direct intentional tort suits, negligent hiring, negligent supervision and negligent retention claims.

Defamation is usually considered an «intentional tort» but the question is which of the acts that make it up must be intentional.

The wrongful death claim may be an intentional tort, which could be filed in the case of murder, or a negligence tort, which could follow a fatal collision.

Wrongful death is a legal claim brought by the close family members of someone who has died because of some unlawful activity (intentional tort, negligence, etc.).

Also, comparative fault is not applicable to reduce the recovery of damages by a negligent plaintiff in an intentional tort case.

He has been retained as an expert witness on workers» compensation law and is a frequent speaker on workers» compensation, intentional tort, retaliatory discharge issues, and legal ethics.

Assault and battery is just one of these types of intentional tort cases.

Based on the doctrines of negligence, negligence per se, intentional tort, and scienter, you can obtain the money that is necessary to get back to your regular lifestyle after the accident.

The court determined that by definition, alienation of affection was an intentional tort, which could not be deemed an accident, for which coverage might be available.

$ 210,000 verdict — Intentional Tort — jury award by twelve person jury in favor of plaintiff who sustained a spiral or rotational fracture of her finger which prevented her from continuing in her chosen line of work as a dental hygienist.

For example, if someone shoves you from behind and you did not feel fear beforehand because you didn't know it was about to happen, an intentional tort of assault could not have occurred.

Now we'll talk about negligence where an intentional tort is about someone doing something they weren't supposed to do negligence usually happens when someone doesn't do something they were supposed to do there are 3 parts to a negligence case duty breach and causation first, duty... heh, «duty» this is your duty not to -LSB-...]

Nevertheless, the arguments are frequently crunched through, probably because of an important Illinois Supreme Court ruling from 1990 which is still good law, Rollins v. Ellwood, involving claims brought against a Baltimore police officer, among others, sounding in intentional tort for his role in the apprehension of a misidentified criminal defendant and Illinois resident in Illinois, for which the Court found the officer was not subject to Illinois jurisdiction.

If you are unsure whether or not your case qualifies as an intentional tort, it's best to speak with a Tort Claims lawyer so you can fully understand your legal rights and what kinds of compensation you may be entitled to.

As Aikens LJ went on to explain, the intentional tort committed by Mr Marsh, having been at home, off - duty and drunk, and having declined the offer to come in, was obviously not at all connected with his employment: the description by the trial judge of being the «spontaneous criminal act of a drunken man who was off duty» was «both graphic and accurate».

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

A first year torts professor can teach no intentional torts.

The attorneys of Agee Clymer Mitchell & Laret assist clients in cases of medical malpractice, workers» compensation, long - term and short - term disability, personal injury, Social Security Disability, OPERS, intentional torts.