Sentences with phrase «liability action brought»

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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:
You agree to indemnify and hold Top 20 Senior Dating Sites and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Top 20 Senior Dating Sites arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
An action to enforce any liability created under this chapter may be brought within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to a consumer and the information so misrepresented is material to the establishment of the defendant's liability to that consumer under this chapter, the action may be brought at any time within two years after discovery by the consumer of the misrepresentation.
You agree to indemnify and hold Term Life Insurance By Jeff and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Term Life Insurance By Jeff arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of TailsLIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tailsliability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.
You agree to indemnify and hold the SVG Tourism Authority («SVGTA») harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against SVGTA by any third party arising out of your use of the Services and / or any Content submitted, posted or transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by SVGTA in consequence of your breach of these Terms and Conditions.
The Atlanta premises liability attorneys at Christopher Simon Attorney at Law have many years of experience with a wide variety of negligence actions, and they are ready to help you assess and bring a potential claim.
Madam Justice Baker disagreed finding that ICBC's initial denial of liability, LVI Defence and the Plaintiff's language barriers were all reasons justifying bringing the action in the Supreme Court.
Under certain circumstances, product - liability actions may be brought to address injuries sustained by a child while using a pool.
The law of premises liability often governs an action brought to recover damages for pool - related injuries occurring on private land.
The Federal Employers» Liability Act (FELA) serves as the exclusive remedy in an action brought by a railroad employee against his employer.
Other representative matters he has handled include representation of an independent physicians association in a lawsuit brought by a laboratory over billing charges, a health care clinic in an action for interference with contract, a member of a limited liability company in an action alleging breach of fiduciary duty, and several clients in commercial, breach of contract actions.
Ms. Luther represented a commercial lender in an action brought by a managing member of a limited liability company who alleged that the lender violated the Unruh Civil Rights Act by declining to make a loan to managing member's limited liability company based on managing member's prior felony convictions.
His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort dliability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort dLiability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrines.
Obtained summary judgment in favor of a savings and loan in an action brought by former borrowers who asserted a series of lender liability and fraud claims.
The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.
If your accident resulted from a defective vehicle or component of your vehicle, we can help you bring a product liability action against the manufacturer of the car and the manufacturer of the component parts to recover compensation.
Decedent's husband brought a wrongful death action alleging ordinary negligence as well as corporate liability on the part of the hospital (decedent received surgery and emergency care at the same facility).
(4) If a person who would be entitled to benefits under this Regulation in the absence of subsection (1) elects to bring an action referred to in section 30 of the Workplace Safety and Insurance Act, 1997 and there is a dispute concerning the insurer's liability to pay an expense for a vocational rehabilitation program the person was attending at the time of the election and continues to attend, the insurer shall pay the expense pending resolution of the dispute.
Drawing on attorneys from across practice areas and offices, Weil has developed an impressive track record advising with respect to shareholder claims and demands for litigation, internal whistleblower complaints, class and collective actions brought by employees relating to pay, worker classification, and discrimination claims, product liability issues and recalls, privacy rights, intellectual property disputes (patents, trademarks, copyrights, and trade secrets), regulatory investigations commenced by the U.S. Federal Trade Commission, U.S. Department of Labor, U.S. Department of Justice, and state attorneys general, and major disputes with suppliers and competitors.
According to Florida law, a consumer may bring a product liability action against the manufacturer of any product that caused their harm.
Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.
It does not apply to minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury oLiability Act or state law governing product liability actions in effect at the time of the injury oliability actions in effect at the time of the injury or damage.
The claim was brought against the Claimant's employer (even though it was an individual that was alleged to have been the harasser) on the basis that they were responsible for her actions (known as «vicarious liability»).
This is an action distinct from one brought pursuant to premises liability law and is often maintained as an action in strict liability.
Food poisoning and food - injury related claims are typically brought as product liability actions.
735 ILCS 5/13-213 (c): Alteration, modification or change No product liability action based on any theory or doctrine to recover for injury or damage claimed to have resulted from an alteration, modification, or change of the product unit after the date of first sale, lease, or delivery of possession of the product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and, in any event, within 10 years from the date the alteration, modification, or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.
The plaintiff will now bring his action to the Supreme Court under civil negligence liability attempting to prove the college was negligent in failing to protect him from the hazing — a «reasonably foreseeable» danger.
Generally, product - liability actions are brought by plaintiffs who have suffered an injury that was caused by a defect in a product's design or manufacture.
In chemical poisoning cases, product - liability actions are often brought under failure to warn or defective packaging theories.
There are other instances in which you can bring a premises liability action, for example if you were hurt because of an employee's nonprudent actions or if someone promised to provide a service (such as security in your apartment building) but failed to do so and you were injured as a result.
an employer is duty bound to protect employees from offensive conduct and to shield itself from civil liability as the result of actions brought by employees victimized by sexual harassment.
Such actions are usually brought as strict liability claims, which allow a plaintiff to establish the defendants» liability without having to prove that any of the defendants was negligent in producing the defective vehicle or releasing it to the public.
Damages for injuries and deaths caused by vehicle or vehicle safety equipment defects are brought as product liability actions against the manufacturer, designer, suppliers, assemblers, and others involved in the production of the defective vehicle or equipment and its release to the market.
Though product liability actions may be brought as negligence, strict liability, or breach of warranty cases, product liability actions seeking compensation for a victim's personal injury or death are generally brought as strict liability actions.
After the plaintiff set the action down for trial, the plaintiff brought a motion requesting leave of the court to bring a summary judgment motion with respect to liability and contributory negligence, while leaving the issue of damages for trial.
Product liability actions seeking to recover damages for motorcyclists» personal injuries or death are usually brought as strict liability claims, which enable a plaintiff to establish the liability of certain defendants without the necessity of proving that any of the defendants was negligent in creating the defective vehicle that caused the motorcyclist's injury or death or in releasing it to the market.
Such actions are generally brought under a strict liability theory, which requires no showing of negligence on the part of a manufacturer or distributor.
While much of the firm's work is confidential, one case it is currently handling that is public involves its representation of various professional liability insurers in a $ 200 million New York state court action brought by J.P. Morgan Securities Inc. over mutual fund market - timing and late - trading.
While a product liability lawsuit is also a possible course of action, most cases will be brought under the theory of negligence.
No matter how big or small of a role an individual believes they may have played in bringing about the injuries they have suffered on another party's property, a Bardstown premises liability attorney can evaluate the merits of the claim, and determine whether filing a personal injury premises liability case is the best course of action.
If a manufacturing or design defect in the school bus that was involved in an accident is found to have been a cause of the accident, a product - liability action may be brought against the manufacturer and anyone else in the chain of distribution.
Provides immunity for businesses and government agencies who follow specified procedures; provides exclusive remedy in contract, if no written contract: limits recovery to direct economic damages; bars recovery for damages which plaintiff could have avoided or mitigated; requires mediation; prohibits class actions against government agencies; requires each class member has a loss of $ 50,000 to bring a class action; provides liability protection for directors and officers; and requires filing of suit by March 1, 2002.
A motion dismissing an action on the basis that a plaintiff has not met this test is often brought by defence counsel as a means of creating immunity to liability.
The amount recovered by a wrongful death is not subject to any debts or liabilities of the deceased, unless the action has been brought on behalf of the deceased's estate.
«Any recognition of an outlier theory of liability permitting a generic drug consumer to bring an action against the brand manufacturer for an injury allegedly arising from the use of the generic drug would be plainly at odds with this public policy.»
A liability insurance payable to the directors and officers of a company as reimbursement for losses or advancement of defense costs in the event they suffer a loss as a result of a legal action brought against them for alleged wrongful acts in their capacity as directors and / or officers.
This is intended to prevent criminals, particularly organised crime, from obtaining liability insurance to cover the costs of defending themselves in criminal actions brought by the state or civil actions brought by their victims.
The insolvency or bankruptcy of insured does not release the insurer from payment of liability or property damages to a third party for loss sustained under the policy, and an injured person may bring action against insurer directly if insured is insolvent.
This scheme is brought in action as the liability moves with the vehicle & it is a general consideration that the spouse or the third person is using the vehicle with prior consent of the first insured person.
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