Sentences with phrase «judgment on a breach»

Tennille v. Tennille, No. 99 - CV - 1001 & 00 - CV - 924 (District of Columbia Court of Appeals, February 14, 2002): The ex-husband appealed from the entry of default judgment on a breach of contract action where he agreed to pay his former wife a fixed percent of his income in lieu of alimony.

Not exact matches

The British Humanist Association (BHA) has today commented on a Court of Appeal judgment that has found the admissions criteria of the Jewish Free School (JFS) in breach of the Race Relations Act 1976.

You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Claims.

A breach of peace also may give you a legal defense if your creditor sues you to collect a «deficiency judgment» — that is, the difference between what you owe on the contract (plus repossession and sale expenses) and what your creditor gets from the resale of your vehicle.

In addition, a breach or default of court judgment can be placed on the borrower's credit record.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

Obtained a defense judgment, subsequently affirmed on appeal, on behalf of a client accused of fraud and breach of contract relating to a transaction involving genetic sequence information.

Our team of insurance coverage attorneys has advised individuals and businesses about insurance coverage issues including insurance policy coverage opinions, declaratory judgments on policy coverage and defense of insurers against breach of contract and bad faith claims.

The plaintiff moved for summary judgment, but the action was dismissed when the defendant was successful on the motion in claiming that there was no tort for breach of privacy in Ontario.

Obtained summary judgment in client's favor on breach of contract claim involving a disputed loan between members of a family business.

The successful education claim marks the first occasion on which the English Courts have upheld a damages claim based on a breach of A2P1, after two Supreme Court judgments as a result of which such claims had failed (A v Head Teacher and Governors of Lord Grey School [2006] 2 AC 363 and A v Essex County Council (National Autistic Society intervening)[2011] AC 280; [2010] UKSC 33).

Participated in obtaining a summary judgment in a multi-million dollar federal court breach of contract lawsuit on behalf of a Fortune 500 company

As summarised In the court's judgment on costs (see [2014] EWHC 1492 (Admin), the Judge held that whilst he considered that the Commission's conduct since the grant of interim relief was in some respects open to criticism, the principle of sincere cooperation had not yet been breached by the Commission.

He was instructed for the preference shareholders in the Barings Litigation; Law Debenture Trust Corporation Plc v Elektrim Finance NV and Ors (termination of trust bond under Saunders v Vautier rule); advised a major rock group (Queen) on a shareholder dispute; been instructed in respect of shareholder disputes in the Cayman Islands and the British Virgin Islands; recently advised on two separate schemes of arrangement under s. 425 of the Companies Act; recently appeared in the Turks & Caicos Islands on multi-million dollar breach of director's duties; acted in the US$ 3bn shareholder dispute between Telenor East and Vimpelcom and Altimo Group; acted for bank seeking to recover US$ 200m in VTB v Nutritek (Supreme Court judgment).

We were retained by Bentley Systems, Inc. in this commercial dispute from Madison County, Alabama, involving an asset purchase agreement where the trial court entered judgment against Bentley on its counterclaim for breach of contract.

In Corbett v Corbett [2003] All ER (D) 419 (Feb), which concerned a judgment summons, the husband appealed on the ground that the manner in which the proceedings had been conducted before the judge had breached his right to a fair trial under Art 6, as the form M17 had previously been ruled incompatible with the Convention.

Obtained summary judgment in federal court in Wisconsin on behalf of a health care provider on a $ 3.5 million claim by a consultant for breach of an IT outsourcing agreement.

However, Paris was not convinced, going on to find in his Jan. 28 judgment that on the facts of the case, a breach was not made.

We obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania where the court found in favor of the insurance carrier on a breach of contract and statutory bad faith claim filed by its insured.

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.

If you were sitting on a jury involving an ICBC injury claim, and the plaintiff's lawyer told you that the Defendant fell asleep at the wheel and «must pay for breaching the rules of the road» would your judgment be compromised?

Rather, if the judgment reflects the current state of the law on s 14A, then the state of the law would appear to: (a) conflate the occurrence of damage with the occurrence of a right to bring an action for damages; (b) conflate mere knowledge of damage with knowledge of necessary, relevant facts about that damage; and (c) render of no effect the essential element of s 14A (7) that the hypothetical action to be instituted by the reasonable claimant is an action for damages, and not some other remedy arising from the breach.

In 2009, the ECJ delivered its infamous judgment in West Tankers (C - 185 / 07), holding that Brussels I precluded the courts of a member state making an order restraining a person from commencing or continuing proceedings in another member state on the grounds that such proceedings would be in breach of an arbitration agreement.

Accordingly, the disapplication of the national statute on the interruption of limitation period would have breached the prohibition of retroactive effects (as for the crimes which had not been time - barred before the time the Taricco I judgment came out), the sufficient precision of criminal law, and the separation of powers.

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

Later won summary judgment on claims sounding in negligent hiring, supervision, retention, and breach of fiduciary duty based on the absence of knowledge of a propensity to abuse by the leadership of the parish and the diocese before the time of the abuse.

Obtained a defense verdict on a breach of contract claim, and summary judgment on thirteen other counts in a case where the plaintiff sought $ 400 million.

Obtained summary judgment for business client, as plaintiff, on breach of commercial contract claim

In a judgment that sheds light on the current approach to both vicarious liability and non-delegable duties of care, Cockerill J held that: (1) the MOJ had not breached its limited direct duty of care, (2) did not owe a non-delegable duty of care and (3) was not vicariously liable.

Defended a leading defense industry company against a breach of contract claim in excess of $ 20 million that was dismissed on summary judgment.

Obtained summary judgments for companies on breach of contract, misappropriation of trade secrets, tortious interference, premises liability, fraud, and unjust enrichment claims.

[2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep 193; [2010] 2 All E.R. (Comm) 1243; [2010] I l Pr 10; [2009] 2 CLC 1003]; The Times 8th Feb 2010; — leading case on recognition under the Judgments Regulation of foreign judgments obtained in breach of London arbitration agreements, and issue Judgments Regulation of foreign judgments obtained in breach of London arbitration agreements, and issue judgments obtained in breach of London arbitration agreements, and issue estoppel.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

Contempt of court proceedings for breach of anti-suit injunctions and application for summary judgment on the claim in the underlying English action.

Obtained $ 1.2 million judgment in favor of commercial landlord on breach of lease claims against a former tenant in Ohio state court.

Obtained summary judgment in favor of commercial landlord for amounts due under a lease and on the tenant's counterclaims alleging that the landlord breached the lease.

When taken together with the linked judgment handed down in Rahmatullah No 2, the Supreme Court has now given authoritative guidance as to how far English Courts should be constrained in their willingness to entertain claims involving allegations of fundamental human rights breaches on the part of foreign states, and the complicity of English officials in such breaches.

Obtained decision from Sixth Circuit affirming judgment in favor of financial institution that was sued for more than $ 1 million on claims for breach of contract, negligence, and fraud.

Notable recent cases include acting on Jersey's first AML non-disclosure prosecution (AG v Jardine) and Jersey's first substantive judgment on dishonestly assisting breach of trust (Nolan & ors v Minerva Trust Company Ltd [2014 (2) JLR 117]-RRB-.

Allen's representative work includes the successful defense of a multi-million dollar insurance coverage and rescission suit by Lloyd's of London; dismissal of a six - figure claim for retroactive premiums against the St. John Community Development Center; summary judgments (affirmed on appeal) against Essex Insurance Company and Liberty Mutual Fire Insurance Company for breach of their respective insurance contracts; trial verdicts against Allstate Fire and Casualty Insurance Company and Liberty Mutual for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes of all types (including residential and commercial property, commercial general liability, auto liability, errors and omissions, negligent procurement, and insurer bad faith).

Most recently, in August of 2009, Mr. McErlean tried a case to a jury for a client who obtained a $ 2.2 million verdict in federal district court on a breach of motor carrier agreement and, in October 2009, tried a case for an oppressed minority shareholder client who after a bench trial obtained a $ 3.5 million judgment in a fair value proceeding.

Secondly, the Registrar had no jurisdiction to grant judgment against the individual appellants on the claim against them for breach of trust and conversion, as this was also not for «a debt or liquidated demand in money.»

According to that Supreme Court opinion, when Haden failed to supersede the judgment against him and his business on Sacks» breach - of - contract claim, Sacks and the firm incurred considerable expense to secure a turnover order under Texas Civil Practice & Remedies Code § 31.002 (e), have a receiver appointed to prevent prejudgment transfer of Haden's assets and seek dismissal of Haden's bankruptcy filings.

Obtained a $ 17 million judgment on behalf of foreign real estate investors on breach of contract claims.

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

Personal counsel then counterclaimed for breach of contract and bad faith, and sought judgment on the pleadings that $ 225 per hour was a reasonable fee, given market rates for someone of personal counsel's experience and abilities.

The impetus behind Baron Alderson's judgment in Hadley was to hold a contract breaker responsible for a natural consequence of his breach where, on an objective basis, it was reasonable to say at the outset that the parties would or should have appreciated that such a loss could easily happen.

The US has had at least a common - law action for intrusion upon seclusion for a long time, yet none of the class actions brought as a consequence of a data breach has resulted in a judgment, and the overwhelming majority have been dismissed early on because no damages have been demonstrated.

Obtained dismissal on summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent

Dourada was successful on its summary judgment motion in obtaining judgment for arrears of rent and damages for Melfi's breach of its covenant pursuant to the agreement of purchase and sale to leave the premises empty and in «broom - swept condition».