Sentences with phrase «judgment on liability»

At that point, if we get «summary judgment on liability» in our favor, we gain several advantages.

«Because of the force that a conviction has in a factually overlapping later civil proceeding, the plaintiff in a lawsuit may decide not to wait for trial to obtain a ruling on liability, preferring instead to move for summary judgment on liability to gain an upper hand,» Gracewrites.

The judgment on liability can be found at [2012] EWHC 1013 (QB)(Messtechnik and ano v Hartley and ano).

Not exact matches

Liability should apply only to officer conduct that is objectively unreasonable, not judgment calls on the margins.

Gilead bases its estimates on historical experience and on various other market specific and other relevant assumptions that it believes to be reasonable under the circumstances, the results of which form the basis for making judgments about the carrying values of assets and liabilities that are not readily apparent from other sources.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

«Without live primary claims, the Court also grants summary judgment on Sulyma's derivative duty to monitor and co-fiduciary liability claims (claims V and VI).»

We base our estimates on historical experience and on various other assumptions that we believe to be reasonable under the circumstances, the results of which form the basis for making judgments about the carrying values of assets and liabilities that are not readily apparent from other sources.

«What was demanded was tremendously more than what the case was ultimately settled for,» he said, «and the judgment of settling the case was that we will save the state money on potential liabilities here, in addition to the fact that the assemblyman agreed to pay a sum for his own actions.»

Further Strengthen New York's Efforts to Crack Down on Wage Theft - «[A] mend State law to hold the top 10 members of out - of - state limited liability companies personally financially liable for unsatisfied judgments for unpaid wages.»

A statement by the Special Adviser on Communications to the Minister of Power, Works and Housing, Hakeem Bello, on Thursday said N119, 369,520,000 liability had resulted from a judgment entered against the government over a litigation from a metering contract awarded by a previous administration in 2003.

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.

23.1 You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys» fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:

«Changing the standard from deliberate indifference to strict liability would rob school districts of the flexibility they need in responding to claims of harassment based on their educational judgments and knowledge of the school environment.»

If, on the other hand, you're one of the millions of Americans who find themselves underwater on their home values, and your mortgage has become a financial albatross that you can no longer afford to carry, filing for bankruptcy gives you the right to surrender the property and walk away with no liability for a deficiency judgment.

4) Collections & open judgments must show on your liabilities.

I, the parent or legal guardian of the youth named above, being of lawful age, knowingly and voluntarily state and agree as follows: In consideration of the opportunity for the youth named above's participation being accepted and intending to be legally bound, I do hereby for myself, on behalf of my children, and for my heirs, executors, administrators, successors and assigns, release, waive and forever discharge the Santa Barbara Sailing Center employees from any and all claims actions, damages, costs, judgments or liability whatsoever, which I or my children now have or which may hereafter accrue to me or my children on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, property damage and the consequences thereof resulting from or to result from participation in The Santa Barbara Sailing Center's Summer Kids Camp.

Plaintiff seeks summary judgment in his favor on the issue of liability for copyright infringement.

Our attorneys have fought for large settlements and won favorable judgments on behalf many clients in product liability cases, and we know how to overcome powerful legal opposition.

Our attorneys have fought for large settlements and won favorable judgments on behalf of many clients in product liability cases, and we know how to overcome powerful legal opposition.

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

On appeal, the plaintiffs» requested that the judgment dismissing the action against Mr. Vicentini and Ford Credit be set aside and liability be apportioned equally between those two defendants and Mr. Hoang and requested that the amount of damages be increased.

«An Analysis of the State Liability in Privatization of Administrative Tasks» (Presented at the Second Forum of Graduates in Public Law Research, National Taiwan University, 2009) «On the Inter-binding Force of Judgments under Multi-judicial System: From the Perspective of the Rights of Litigation» (Master's Thesis, National Taiwan University, 2010)

A settlement demand is reasonable if the insurer knew or should have known at the time the settlement demand was rejected that the potential judgment was likely to exceed the amount of the settlement demand based on the claimant's injuries or loss and the insured's probable liability.

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

He obtained a judgment for product liability and gave good advice on how to collect the judgment.

The Appellate Practice Group moved for summary judgment on a number of grounds, including the federal Communications Decency Act, which immunizes interactive computer services for civil liability, including claims of defamation.

Accordingly, an offer relating solely to the issue of liability, for example, may be communicated to the judge who has delivered judgment on that issue.

The Defendant argued that granting summary judgment on negligence alone, rather than liability, violated 735 ILCS 5/2-1005 (c).

The appellate court agreed with the brothers that the trial court erred in entering summary judgment based on its finding that concrete is not defective after finding that «the caustic properties of concrete are common knowledge and not subject to liability.»

Here's what you need to know: Whenever we New York personal injury lawyers sue a defendant for negligence, there comes a point, usually after depositions, when we consider making a «summary judgment motion on liability».

Petitioner advances several contentions as to why the judgment is contrary to decisions of this Court holding that the First and Fourteenth Amendments of the United States Constitution limit the authority of state courts to impose liability for damages based on defamation.

The moving defendants disputed this theory of liability on the basis that there was no causal connection that the light bulb caused the fire, and asked the Court to grant summary judgment in their favour.

On Friday, June 1, 2007, the Alabama Supreme Court issued an opinion affirming summary judgment on behalf of defendant Rockwell Automation, Inc. in a product liability lawsuit brought in the Circuit Court of Jefferson County, Alabama in 200On Friday, June 1, 2007, the Alabama Supreme Court issued an opinion affirming summary judgment on behalf of defendant Rockwell Automation, Inc. in a product liability lawsuit brought in the Circuit Court of Jefferson County, Alabama in 200on behalf of defendant Rockwell Automation, Inc. in a product liability lawsuit brought in the Circuit Court of Jefferson County, Alabama in 2003.

In a case of first impression in Connecticut, obtained summary judgment in federal district court on behalf of a surety for failure of a performance bond obligee to properly declare the principal in default and to give the surety proper opportunity to exercise its options and limit its liability.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

A # 3 million appeal concerning the proper approach to quantum in a concurrent liability case against a professional and the Judge's duty to give a reasoned judgment (drawing on Ed's earlier experience in English v. Emery Reimbold).

The Court of Appeal recently handed down judgment in Excalibur Ventures v Texas Keystone Inc [2016] EWCA Civ 3436 (Comm), which is an important case on the liability of third - party litigation funders for a non-party costs order under CPR 46.2.

The court granted summary judgment on FDCPA liability to the plaintiff.

Plaintiff moved for summary judgment on the issue of liability.

«(1)[Subject to subsection (1A) below,] In sections 11 and 12 of this Act references to a person's date of knowledge are references to the date on which he first had knowledge of the following facts --(a) that the injury in question was significant... (2) For the purposes of this section an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

Armed with this undisputed evidence establishing the city's liability, Walker moved for summary judgment on the issue of liability.

Drafted motion for summary judgment on behalf of component part manufacturer in a products liability case that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

For reasons which are not fully explained in the judgment the insurers pleaded their claim on a narrow basis (that charterers had a liability to owners, which in turn enables charterers to claim down the line); a point emphasised by both Lord Sumption and Lord Mance.

Based on a conflict in the evidence, the court was unable to dismiss the defendant's counterclaims, and further declined to grant partial judgment in respect of liability.

The motion judge granted judgment on the issue of liability and directed a trial on the issue of damages.

Obtaining coverage on summary judgment for a utility as an «additional insured» under a contractor's general liability policy in connection with underlying wrongful death claims.

Allstate denies Araujo third - party coverage and brings two motions for summary judgment: one to dismiss Fernandes» claim as against Almeida (based on a theory of vicarious liability), the other to dismiss Araujo's claim on the ground she was not entitled to coverage (as she drove the ATV without a proper licence).

Accordingly, the Court granted summary judgment in favor of Boston Edison on Plaintiffs» strict liability claim.

Calunius» chairman Leslie Perrin comments on the recent Excalibur judgment, which clarifies certain aspects of a litigation funder's liability for adverse costs.