Sentences with phrase «law claims asserted»

Not exact matches

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

No taxing authority is asserting or threatening to assert a claim against the Company under or as a result of Section 482 of the Code or any similar provision of any foreign, state or local Tax law.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

Anika Rahman, Director of the International Program for CRLP, claimed, in a letter to the Washington Times (August 31, 2001), that «our lawsuit does not assert that the right to abortion is a principle of international customary law.»

As American society and law remain grounded in moral norms and faith - based traditions, those asserting claims grounded in religious freedom may strike sympathetic chords.

Christians rightly enter into public life, seeking to leaven our laws with the wisdom of Scripture and church tradition, not asserting claims on the basis of church authority, but arguing for them in the give - and - take of civic discourse.

Disposition: Canadian Epicurean Foods refused to settle trademark infringement of our SMOKEY CHIPOTLE trademark as of August 15, 2005 asserting that no claim could be made under Canadian trademark law, however, after admitting in the same conversation that Epicurean Foods sold products to U.S. consumers via the internet and regularly exhibited at the annual International Fancy Food & Confection Show in New York City sampling their product line (in the USA) to procure sales.

In addition, the labor law defenses asserted by the NFL would represent a very substantial barrier to asserting these kinds of claims going forward.

Rather than claim a method of administering certain novel drug dosages, Prometheus chose to instead claim and assert a method that recited old steps and thinking about the FACT (law of nature).

Although the claim of «unfunded mandate» has been asserted almost since the day NCLB was signed into law, School District of the City of Pontiac et al. v. Spellings constitutes the first major legal challenge to the historic education law to be filed in federal court.

In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.

By asserting that the ICO statements support your definitive claim that there were «illegal actions» and «the fact that UEA broke the law is not in doubt», you are misrepresenting the ICO position.

Client manufacturer found not liable to the plaintiff who asserted claims under Massachusetts franchise law.

It involved the issues of whether PMA was obligated to defend and / or indemnify Penn State with respect to claims asserted by numerous alleged Sandusky victims and raised novel issues of insurance coverage law.

Lesotho asserted that the investors could have pursued either a tortious claim for pure economic loss (known as an «Aquilian» action) or a public law claim, but had not done so.

Statute of Limitations The statute of limitations is the time period that the law allows for asserting a claim.

As the Law Society's note highlights «clients should not be criticised or condemned or be treated as unco - operative by any authorities or regulators for asserting a proper claim to LPP».

In this groundbreaking case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal malpractice suit against the attorney and his law firm because the underlying product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).

And former Kozinski law clerk Circuit Judge Sandra S. Ikuta issued an opinion concurring in part (and by implication dissenting in part) in which she makes clear that, in her view, the Communications Decency Act should protect the web site from all claims asserted under the Fair Housing Act that are based on information supplied by the web site's users.

The law firm's complaint asserts claims of cybersquatting, trademark infringement and unlawful interception of a law firm's private electronic communications, and seeks $ 1 million in damages.

The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.

Contending that the Martin Act vests the Attorney General with exclusive authority over fraudulent securities and investment practices addressed by the statute, J.P. Morgan asserts that it would be inconsistent to allow private investors to bring overlapping common - law claims.

Michigan law requires the accident victim to assert the claim against the seller of the alcohol within 120 days after he or she retains an attorney.

Such rights must be asserted within the time allotted under the law, however, so it is important to contact a wage law lawyer who is familiar with the applicable statutes and regulations and can help investigate your case and file a formal claim with the appropriate court or agency.

In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides» arbitration fees and may order the losing party to pay the winning party's reasonable attorneys» fees, unless such an award of fees is prohibited by applicable law.

Married spouses enjoy different rights than common - law spouses, although both can assert a legal claim for property.

The Mavrick Law Firm also has successfully defended businesses defending against lawsuits in state and federal court asserting discrimination and retaliation, including claims of race discrimination, sexual harassment and discrimination, worker's compensation retaliation and discharge, age discrimination, whistleblower retaliation, and other claims.

Insurers are naturally suspicious if you assert that you were run off the road by another car that did not make contact with yours, but Massachusetts law, does allow you to make an uninsured motorist claim in the absence of physical contact.

Specifically, the Court found that under the controlling law in the Second Department, the negligence claims asserted accrued when the allegedly inadequate umbrella policy was procured and issued.

The aggressive job injury lawyers at Howard Law, P.C., can help you document and build your workers» compensation claim to assert your right to every dollar to which you may be entitled.

The verified complaint asserts claims for breach of contract, tortious interference with contract, tortious interference with prospective economic advantage, breaches of statutory and common law duties to preserve confidential information, and spoilation of evidence.

The court concluded that the complaint failed to state a claim for the asserted state law causes of action for tortious interference with prospective advantage and tortious destruction of intellectual property.

As an international family lawyer who represents both men and women of Indian origin, I have handled several matters in which wives of Indian origin living outside India have used the «498A» law to effectively bar their estranged husbands, also living outside India, from traveling to India to attempt to secure the return of their abducted children or to defend themselves against financial claims and custodial claims asserted in Indian matrimonial proceedings.

In a career spanning over 36 years, Mr. Ramos has achieved over $ 5 billion in monetary recoveries for his clients, obtained injunctive relief in numerous matters, and successfully defended hundreds of clients in defeating claims asserted, on an individual or class basis in court and regulatory proceedings and arbitrations, in IP, antitrust, securities, products liability, environmental, executive compensation, employee benefits, contract, warranty, insurance, corporate control, merger, hostile takeover, real estate, landlord - tenant, oil and gas, auction, tax, and theatrical and art law disputes.

Successfully defeated putative class actions asserting claims under the Truth in Lending Act and state contract law regarding repricing of credit card debt

Representing financial institution in putative class action asserting federal and state law claims related to the provision of debit cards for juror service payments

In light of the nature of asbestos litigation, which often involves a limited number of plaintiffs» law firms repeatedly asserting the same or similar claims against defendants, clients facing extensive asbestos litigation are positioned to benefit from Thompson Hine's SmartPaTH ®, a service delivery approach that leverages legal project management, process efficiency, flexible staffing and value - based pricing to better align our services with clients» needs.

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

Christopher was joined in his action by his minor sister, Danielle Hoang, and his mother, San Trieu, both of whom asserted claims for loss of care, guidance and companionship pursuant to the provisions of the Family Law Act, R.S.O. 1990, c. F. 3 (the «FLA»).

Constitutionalism, for instance, means that the province can not prevent litigants from asserting constitutional claims (the very issue decided in Amax Potash and Air Canada), which the hearing fees will do in some cases, or for that matter from asserting their claims under federal law, which they will do in others.

In addition to its numerous public contract claims, Academy also asserted violations of OPRA and the common law right of access.

Response: Whether and when to assert a claim of privilege on a patient's behalf is a matter for other law and for the ethics of the individual health care provider.

The wife's request was dismissed, but the court clarified that she could be added to the civil action if she wished, for the purpose of asserting any dependent's relief claim under the Family Law Act.

In my view, to assert that the kind of representations made by Health Canada and relied on in the Fresh Statement of Claim can, coupled with reliance on those representations, create a relationship of proximity, is in reality to assert that the public duties set out in the legislative scheme can become a private law duty of care if relied on by an individual member of the public.

Consider this recent review of the ABA article on a «law marketing» blog whose proprietor asserts the sort of claims about successful advice that one would expect from a «law marketing» blog, successful or not.

The claim that the existence of a but - for cause requires that there be a «substantial connection» between negligence and injury has been asserted by the courts (trial or appellate) of some of the other Canadian common law jurisdictions: Alberta, Saskatchewan, Manitoba, Ontario and Nova Scotia), although (seemingly) without equating «substantial connection» to «material contribution» or «materially contributes».

National courts in the EU face three kinds of challenge in dealing with competition law: - the factual and often legal complexity of many cases — the need to understand often detailed economic and other evidence is routine in most competition cases; - an official policy of encouraging more claimants to come forward and assert their rights; and - the «astonishing diversity» of procedures across the EU for enforcing competition law claims.

The limitation period shall cease to run when the creditor performs any act which, under the law of the court where the proceedings are instituted, is recognized as commencing judicial proceedings against the debtor or as asserting his claim in such proceedings already instituted against the debtor, for the purpose of obtaining satisfaction or recognition of his claim.