Sentences with phrase «negligent misrepresentation claims»

The appellate court ruled that the Investors could not invoke the arbitration clause because the Investors were not a party to the contract with KPMG, and so the court stated that the Investors could not compel arbitration of the consumer fraud violations and the negligent misrepresentation claims.

Second, statements of puffery such as saying that the Inspector was the «best» are not actionable for negligent misrepresentation claims.

In addition to common law negligent misrepresentation claims, they make a claim based on the new statutory cause of action found at s. 138.3 of the OSA, which can only be commenced with leave of the court.

and negligent misrepresentation claims.

What happened here is that plaintiffs won a total of $ 588,000 on intentional and negligent misrepresentation claims and then also obtained fee awards of about $ 270,000 against a couple of the tortfeasors.

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

[5] At the certification motion, the Defendant conceded that the Plaintiff's negligent misrepresentation claim «pass [ed] over the cause of action and identifiable class criteria» and accepted that there were some common issues for this claim that could be certified (Motion judge's reasons, para. 15).

During the 6 day trial, the Court dismissed the intentional misrepresentation claim and the jury considered the negligent misrepresentation claim.

The jury also found in favor of the defendant on the fraudulent misrepresentation and concealment claims, but awarded another $ 450,000 to plaintiff on his negligent misrepresentation claim and $ 10 million in punitives.

The negligent misrepresentation claim was another matter, as marketing evidence counted.

That all does not sound like plaintiff established enough to get to a jury on a negligent misrepresentation claim, but, like we said, we might be a bit biased.

With respect to the negligent misrepresentation claim, Jaffer claims that he has pleaded the elements of the tort and seeks damages for his unnecessary expenses and for the resulting delayed entry into the workforce.

The case was remanded for a retrial of the negligent misrepresentation claim.

On appeal, the appellate court affirmed the directed verdict for the appraiser on the intentional misrepresentation claim, but reversed the directed verdict in favor of the appraiser on the negligent misrepresentation claim.

On the negligent misrepresentation claim, however, there was evidence to support a claim.

However, the purchasers» negligent misrepresentation claim failed because of lack of evidence that they relied on the vendors» representations when they closed the transaction.

The court affirmed summary judgment for the defendants on the fraud claim and for the vendor on the negligent misrepresentation claim, but reversed summary judgment for the broker on the negligent...

The court affirmed summary judgment for the defendants on the fraud claim and for the vendor on the negligent misrepresentation claim, but reversed summary judgment for the broker on the negligent misrepresentation claim.

Thus, the court reversed summary judgment in favor of Broker on the negligent misrepresentation claim.

The court held that the seller and agents had not committed fraud and dismissed a negligent misrepresentation claim on the basis that the buyer was not damaged.

The Court affirmed summary judgment in favor of Vendor on the negligent misrepresentation claim.

Not exact matches

In addition, Mr. Morley filed a subsequent lawsuit containing allegations that the formation of Square and the development of our card reader and decoding technologies constituted, among other things, breach of an alleged oral joint venture, fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and misappropriation of trade secrets, as well as other related claims.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

The Court rejected Plaintiff's claim for negligent misrepresentation.

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

The Business Trial Group can assist you in bringing claims for negligent failure to procure insurance, insurance agents or brokers breach of fiduciary duty, breach of contract to procure insurance, and agents» or broker's misrepresentations.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Those claims could be based on negligent mis - statement, misrepresentation, breach of contract or the tort of deceit.

Arguably, if the sites provided the information without making clear that it might not be current because records were expunged or corrected, there might be a claim for negligent misrepresentation, false light, or even defamation, but I seriously doubt that even those claims would hold up.

Mediated dispute between author and media company giving rise to claims to breach of contract, promissory estoppel, fraudulent inducement and negligent misrepresentation

In the unusual bonus claim case of Herbert v JP Morgan (2012), he successfully defended the investment bank against a High Court, Queen's Bench Division claim by an banker for a bonus based on an alleged negligent misrepresentation during the recruitment process.

Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from negligent misrepresentation and design defects, to breach of implied warranty.

Private Lending's claim for negligent misrepresentation lacks the reliance required for such an action.

Claims involving misrepresentation and negligent misstatement in the purchase of property and the failure to complete.

He sued Atkins Nutritionals, claiming that information on the Atkins Web site constituted negligent misrepresentation.

Former partners of collapsed law firm Cobbetts are facing a multimillion pound claim from a former client, who alleges the firm was professionally negligent and engaged in misrepresentation.

In the recent decision of Fantl v Transamerica Life Canada («Fantl»)[1], the Ontario Court of Appeal unanimously dismissed the appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual issues.

Successfully opposed attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation, and breach of contract.

When sophisticated investors carefully document their relationship, it's unusual to see a claim for negligent misrepresentation.

Willie has prosecuted and defended claims involving breach of contract, tortious interference, state and federal antitrust, common law and statutory fraud, misappropriation of trade secrets, negligent misrepresentation, business disparagement, state and federal securities actions, product liability, nuisance, trespass, conversion, insurance coverage, corporate governance, breach of fiduciary duty, shareholder oppression, and qui tam.

Representing a condominium homeowners association in arbitration of the owners» claims for misrepresentation, negligent design and construction following the conversion of the property from apartments to condominiums.

The only claim to hold water was the tort of negligent misrepresentation.

Our clients retain us to defend them against claims involving: premises liability, construction accidents, truck and automobile accidents, wrongful death, pharmacy misfills, fraud and misrepresentation, assault and battery, false imprisonment, defamation, negligent hiring and supervision, negligent and intentional infliction of emotional distress, among others.

The plaintiff also claimed a longer notice period because the defendant, allegedly, had induced the plaintiff to leave secure employment by making fraudulent or negligent misrepresentations about the job security that the plaintiff would enjoy.

Business tort claims include legal disputes focused on misappropriation of trade secrets, for instance, as well as conversion of property, negligent misrepresentation of facts, and tortious interference with contract or business relationships.

Advising a hedge fund in relation to claims against various entities controlled by a major bank in relation to misrepresentations and negligent advice which they made / provided in relation to a total return swap.

The plaintiffs commenced a proposed class action in July 2009 based on claims of negligence, negligent misrepresentation, unjust enrichment and the secondary market liability provision of the Act.

Representation of real estate developers in arbitrations involving allegations of fraud and negligent misrepresentation, and involving claims of rescission.

Two inherent risks that employers face in providing post-employment letters of reference are (1) a former employer advancing a claim of defamation (where the employer provided a negative reference), and (2) a subsequent employer advancing a claim of negligent misrepresentation (where an inaccurate or incomplete reference was provided).