Defense of Corning in Massachusetts state and federal court product
liability actions alleging rheumatologic and immunologic disorders allegedly caused by silicone gel breast implants
Defense of BASF Corporation in Massachusetts federal court product
liability action alleging permanent asthma from isocyanate ‑ containing paint products
Defense of Deseret Medical in Massachusetts federal court product
liability action alleging physical injuries and severe emotional distress when portion of intravenous catheter separated and became lodged in plaintiff's body
Defense of F.J. Stokes in Massachusetts federal court product
liability action alleging finger amputation from plastic molding press
Defense of Pennwalt in Massachusetts federal court product
liability action alleging business destroyed by fire allegedly caused by paint - stripping compound
Not exact matches
Claim VI
alleges that each defendant has derivative
liability for the
actions of the other defendants.
We take no responsibility and assume no
liability for any claim,
action, petition, demand for arbitration or lawsuit
alleging injury or damage resulting from any use of TWIST, whether arising in tort or contract, law or equity;
You agree to defend, indemnify, and hold harmless the
Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses,
liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or
alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.
We shall have no
liability for and you agree to reimburse, indemnify and hold us, our affiliates and our and their partners, directors, officers and employees and any person controlled by or controlling us harmless from all Losses that result from: (a) your or your agent's misrepresentation, act or omission or
alleged misrepresentation, act or omission, (b) Capital One Investing following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your
actions or the
actions of your previous advisers or custodian, (d) the failure by any person not controlled by Capital One Investing to perform any obligations to you, and (e) your failure to provide accurate information on your Account Application or to update that information.
Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all
liability, claims, suits,
actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on
alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HER
alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE
ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HER
ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.
Caterpillar Product
Liability Litigation: Mr. Leopold was co-lead counsel in a class
action lawsuit
alleging Caterpillar sold diesel engines with defective exhaust emissions system that resulted in power losses and shutdowns.
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.
In a complex products
liability action involving
alleged PCB contamination of a state office building, the Appellate Practice Group joined forces with litigation counsel to convert a $ 60 million judgment to a defense verdict for a large, multinational company.
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.
It is fashionable for class counsel to plead «waiver of tort» as a common issue
alleged to be certifiable in product
liability class
actions.
Attorneys in our Class
Action Practice represent «household name» corporations in defense of consumer and false advertising class
actions; Big Four accounting firms and corporate issuers in securities class
actions; companies who have been accused of improperly disclosing customer data; employers
alleged to have violated labor and employment laws; and industrial manufacturers in products
liability class and mass tort
actions, among others.
, where the city was immune from
liability for
actions taken by a Miami police officer that were
alleged to be committed willfully, wantonly, and with malice.
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).
Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale
action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including
alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own
liability for breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.
Represented manufacturer in defense of numerous product
liability actions, including insurance subrogation cases,
alleging loss due to fires caused by
alleged defective clothes dryers
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»).
Advised employment practices
liability insurer concerning application of prior notice and other coverage defenses against Equal Employment Opportunity Commission demand that insured contribute to multimillion dollar relief fund to avoid threatened class
action on behalf of
alleged victims of widespread sexual harassment, in Massachusetts.
Depending on the particular facts of your case, you may be able to
allege causes of
action including strict
liability or negligent design.
Defense of Amtrol in Massachusetts state court product
liability class
action alleging defects in residential water heaters
He has litigated a wide variety of disputes, including consumer class
actions (including
alleged violations of California's Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act), trade secret misappropriation and employee mobility disputes, breach of contract, fraud, and product
liability cases, and earn out, working capital, indemnification and other post-closing M&A disputes.
Defense of Pfizer Inc. in Massachusetts state court product
liability class
action alleging mental retardation and other neurological impairment from mercury ‑ containing preservative thimerosal in pediatric vaccines
In Louis Vuitton Malletier S.A. v Zekria Wakilzada, 2017 ONSC 2409, the Ontario Superior Court of Justice allowed Louis Vuitton to continue their
action against a Toronto - area flea market in a novel claim
alleging that the landlord was liable in negligence, contributory IP infringement and vicarious
liability, because of the sale of counterfeit Louis Vuitton merchandise by flea market vendors.
We have decades of experience advising clients on risk management and compliance, and defending against class
action, mass tort, multidistrict litigation, and individual
actions alleging toxic tort and product
liability claims.
The Defendant driver did not defend the
action, however ICBC did, originally denying
liability and
alleging contributory negligence against the Plaintiff.
If an insurer either refuses to defend a claim on behalf of an insured or to pay a claim when
liability is obvious, it may be necessary to file a seperage
action directly against the insurance company,
alleging bad faith insurance practices and attempting to force them to fulfill their duties.
We have represented our insurance clients as lead counsel in a variety of litigation and dispute resolution matters including: Life and Annuity Sales Practices Including class
action and individual cases
alleging misleading and deceptive sales practices and breaches of duty pursuant to a variety of theories of
liability related to life, annuity, and retirement products.
INDEMNITY AND INFIDELITY: ADVANCEMENT OF DEFENCE COSTS IN
ACTIONS - Canadian Business Law Journal - Indemnification of corporate directors refers to the financial protection provided by the corporation to its directors.1 It shields directors from expenses and
liability of legal proceedings
alleging breaches of their duty to the corporation.2 This is of concern for directors because, in addition to the potential
liability they face if found blameworthy, the cost of funding an adequate defence can be staggering.
The reasoning of the Tribunal in Delargie appears to be — the individual respondent is
alleged to have engaged in
actions that on their own may be a violation of the Code; however there is an organization with the financial capacity to assume
liability for the employee's
actions, such that we should remove the individual who may have engaged in discriminatory conduct.
Lead counsel on behalf of a leading food industry producer in both defensive and affirmative products
liability actions involving
alleged food borne illness.
He also defends manufacturing clients against products
liability and other claims by consumers, including class
actions and claims based upon
alleged deceptive advertising and marketing.
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.
Julien J. Studley, Inc. v. Coach, Inc. (3 A.D. 3d 358)- broker's cause of
action alleging commission is owed due to bad faith termination of brokerage agreement is reinstated; broker adequately
alleged that landlords of the property in question circumvented the brokerage agreement by contacting the company directly and negotiating lease; broker's causes of
action seeking to hold tenant
liability for breach of brokerage agreement's exclusivity provision reinstated; record supports the allegation that tenant breached the exclusivity provision of the brokerage agreement prior to its termination