Sentences with phrase «law claims for breach of contract»

The plaintiff brought claims for overtime under the Federal Fair Labor Standards Act and joined companion state law claims for breach of contract, quantum meruit and tortious interference with contract.

Not exact matches

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.»

It's a concept grounded in contract law, i.e. for a claim to succeed, the employee must show that their employer's conduct was so bad (what's called a repudiatory breach of contract) that it destroyed the employment contract, thus entitling them to resign.

Since EE's right to terminate was exercised independently of any alleged breach, its claim for damages for loss of the contract at common law therefore failed.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Issues concerning a claim for damages for breaches of contract governed by UAE law and based on various articles of UAE Civil Code (Civil Transactions Law (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Llaw and based on various articles of UAE Civil Code (Civil Transactions Law (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions LLaw (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions LLaw No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions LawLaw.

Further, the EAT considered that claims under the WTR 1998 were analogous to claims of breach of contract, and there was no entitlement under English law to award damages for injury to feelings.

«On appeal, the Ninth Circuit originally split the baby, holding for the studio on the copyright violation, but holding for Grosso on his state law claim of breach of implied contract.

On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSA.

Carriage of goods by air — Carrier claiming air freight from defendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriage by air.

The most common business litigation claims are for some form of breach of contract, including bilateral or multilateral express contracts, implied in fact or law contracts, and unilateral contracts.

Tort Claim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabiClaim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabiclaim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liability.

Julie focuses on employment litigation, and regularly defends employers in judicial, arbitration, and administrative proceedings involving claims for discrimination, harassment, wrongful termination, retaliation (including Sarbanes - Oxley whistleblower claims), defamation, invasion of privacy, violation of federal and state leave laws, and breach of contract.

The firm has tried and / or arbitrated cases involving claims for wrongful termination, age discrimination, sex discrimination, disability discrimination, national origin discrimination, racial discrimination, pregnancy discrimination, religious discrimination, retaliation, wage and hour violations, ERISA violations, sexual harassment, breach of contract, trade secret theft, defamation, violation of family leave laws, whistleblower (including Sarbanes - Oxley Act and Dodd - Frank Act) and many other claims.

He has prosecuted and defended cases involving claims for breach of contract, breach of fiduciary duty, trademark infringement, copyright infringement, unfair competition, securities and common law fraud, and other business related torts.

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.

Acting for a leading wireless telecommunications technology provider in ICC arbitration proceedings to defend a multi-million dollar claim for breach of contract under Korean law.

Representing PepsiCo, Inc. and Bottling Group, LLC in the United States District Court for the Southern District of Iowa, in litigation alleging claims under the Sherman Antitrust Act, the Robinson Patman Act, the Lanham Act and Iowa competition law, and for tortious interference, breach of fiduciary duty, business defamation and, on behalf of a putative class, breach of contract.

David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.

English law does not allow punitive damages (called «exemplary damages» under English law) to be awarded for breach of contract, but does permit the award of exemplary damages for some tortious claims.

San Francisco's employment group has tried and arbitrated a wide variety of disputes under state and federal employment law, including claims for wrongful termination, discrimination, wage and hour, ERISA, sexual harassment, defamation, breach of contract and other related claims.

It will be good news for contracting authorities that not all breaches of procurement law will give a right to claim damages, and that a challenging bidder must first show that a breach was «sufficiently serious».

He also specialises in employment law, acting for both employers and employees and has extensive experience in contentious and non-contentious matters, including advising on restrictive covenants and their enforcement, business transfers and their consequences in terms of employment and handling claims for breach of contract.

Taking just the example of contract law, this is highly complex and you may not have the right to cancel a contract and claim all your money back or additional damages just because the other party breached the contract (see our page on remedies for breach of contract).

They held that the parties to the employment contract did not intend that common law damages would be available for a breach of the contractually prescribed disciplinary process where that breach occurred during the steps leading to dismissal and, applying Johnson, the common law claims were barred.

That broad common law principle was subject to an anomalous, that was, unprincipled, exception regarding claims for interest losses by way of damages for breach of a contract to pay a debt: in London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429 it was decided that at common law a court had no power to award interest by way of damages for the late payment of a debt.

Further, that in light of the existence of the statutory remedy for unfair dismissal, parties to an employment contract are presumed to have intended that remedy would apply to claims within the Johnson exclusion area precluding the common law remedy for breach of contract.

The court has a common law jurisdiction to award interest, simple and compound, as damages on claims for non-payment of debts as well as on other claims for breach of contract and in tort.

He held that the common law should exclude stigma damages as a head of claim «for breach of contract that consists of a failure to comply with a disciplinary code» as to permit such a claim would undermine Johnson and Eastwood.

Therefore, the court had a common law jurisdiction to award interest, simple and compound, as damages on claims for non-payment of debts as well as on other claims for breach of contract and in tort.

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

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