Sentences with phrase «not alleging any breach»

Not exact matches

The lawsuit alleges that Disney, therefore, breached an implied contract by not compensating her for her idea.

«Plaintiff does not have to allege an absolute right to receive every text message in order to allege that Apple's intentional acts have caused an actual breach or disruption of the contractual relationship,» Koh wrote.

Though he acknowledged that the U.S. «has some serious trade issues with China, which have grown over the years,» including not just tariffs but also alleged Chinese cybersecurity breaches and intellectual property violations of American companies, the CEO said those problems do not necessitate a trade war.

«Leidel does not seek to enforce the terms of the User Agreements, nor does he allege any tort rooted in an allegation that Defendant breached or facilitated a breach of any obligation uniquely imposed by those agreements.

What Eshleman did not mention in that early April interview was that Heyman had, without fanfare, filed a suit on February 15 against him and Campus Crusade, alleging breach of contract.

It is also alleged the company breached its continuous disclosure obligations by not telling the market sooner it would not meet its profit forecasts, including as early as at its October annual general meeting.

*** Says he is not scared of trial The former National Security Adviser, Colonel Mohammed Sambo Dasuki has asked an Abuja High Court to consolidate the two criminal charges bordering on alleged corruption and breach of trust brought against him by the Federal Government in -LSB-...]

Now Britain's Information Commissioner's Office says CRU probably broke the law, but that Jones and other officials won't be prosecuted because more than 6 months have passed since the alleged breach.

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Corporate Veil Smith's attorneys initially argued that much of what Smith was being sued for was outside of the scope of the home inspection, but as the case progressed they began to lean heavily on the argument that as a corporate officer, Smith should not be liable for the contract breach of SHI, the corporate entity, and consequently was not accountable for the alleged mistakes.

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In a blog post discussing the involvement of solicitors in pseudonymous law firms like those alleged to be used by the banks, Richard Moorhead has observed, among other things, that «there is a substantial risk that the solicitors who signed or were involved in the production of the letters have breached their obligation to act with integrity» and that «there is a question over whether Outcome 11.1 (rule 11.1 in effect) has been breached that is solicitors must not, take unfair advantage of third parties [the debtors] in their professional capacity.»

Given that the Court expressed its opinion that damages for a breach of the new tort not exceed $ 20,000 in most circumstances, employers will most likely see employees adding an alleged breach of privacy in applicable wrongful dismissal claims where litigation costs are already being expended.

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

Take for example, the recent recognition by the Court of Appeal for Ontario of the tort of invasion privacy (so - called «intrusion upon seclusion») that allows individuals to sue in court where they believe their privacy has been breached even if the alleged privacy breach is not contrary to privacy legislation.

«(2) The jury must consider whether or not the evidence shows that the organisation failed to comply with any health and safety legislation that relates to the alleged breach, and if so --(a) how serious that failure was; (b) how much of a risk of death it posed.

In a voir dire proceeding the accused alleged a breach of his rights under Sections 7, 8 and 10 of the Charter of Rights and Freedoms and specifically that he was not given a reasonable opportunity to exercise his right to counsel and that the accused was not provided with a full range of resources and access to sources of information which reasonably were or ought have been made available to him to contact a lawyer, including internet access.

Thus defences involving alleged breaches of normal police procedure or breaches of a person's Charter Rights (under section 10: right to counsel, or under section 8: right against unreasonable search and seizure) are simply not available in IRP and ADP appeals.

This alleged breach of the duty to consult is not related to competition and is not caused by the consent agreement, the Tribunal held.

Secondly, the existence of a statutory process for challenging the correctness of tax assessments should never be a reason for excluding judicial review on process grounds, including not only allegations of breach of natural justice but also cases where a taxpayer alleges that its legitimate expectations based on dealings with the Department have been frustrated.

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Represented gas retailers against an oil & gas company in a breach of contract action alleging and proving that the company did not set the price it charged the gas retailers for gasoline in accordance with their contracts.

The patient alleged that the employee, who was not involved in providing care to the patient, breached the patient's privacy by repeatedly accessing the patient's medical records without any legitimate reason.

NT brought private prosecutions alleging breaches by the claimants of ss 97 and 103, namely that they were responsible for publishing material likely to identify her child who was at the time involved in proceedings.

The agreements were due to expire simultaneously and by letter sent, at the last possible moment, Apollo served notice that the franchise agreements would not be renewed because of alleged breaches of contract and because the franchisee had failed to serve their renewal notices within the period specified by their franchise agreements.

Joseph Neuberger conducted a series of pre-trials and Judicial pre-trials and successfully convinced the Crown that any alleged breach and assault while Mr. Y.I.K. was attending the examination was not only not a crime but was evidence of a «set up» by the complainant and the son.

Where the matter is an alleged breach of contract, the employer must have committed an independent actionable wrong, such as (but not limited to) a breach of the duty of good faith described above, to be ordered to pay punitive damages.

His Honour Judge Bird found that there had been the breaches alleged, except he did not agree that failure to disclose emails not used for work purposes, was a deliberate breach.

Mr King Mason was cross examined by counsel for the Claimant on the alleged breaches, some of which he admitted, but a decision was taken not to cross examine the two witnesses from Mischon de Reya, who served the committal application.

[W] e wish to make clear that abolition of the actions for alienation of affections and criminal conversation does not preclude a person from maintaining a traditional breach of contract action merely because the breach arose from an improper liaison with the plaintiff's spouse or because the effect of the alleged breach or tortious conduct was a disruption or breakup of his or her marriage....

[30] At this juncture I note that I did not find either counsel's submissions on the other alleged breaches of the MVA helpful.

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

The judge hearing the matter noted that all of the breaches alleged arose in the early stages of the plaintiff's proceedings during which the defendant's partner, and not the defendant, represented the plaintiff.

Iraq (the new government) moved to dismiss for lack of subject matter jurisdiction, arguing that it was not a party to the contracts (rather SOMO was) and that the alleged breaches did not have direct effect on the U.S. because the place of performance was Iraq and that there was no evidence that any oil would go to U.S. customers.

Funds do not automatically default to the crown if the accused is rearrested for another offence or alleged to have breached a condition of his or her release.

In answering this question, both examine similar (though not always identical) factors, including the language, context and purposes of the statute, the nature of the power being exercised, the identity of the decision - maker and the nature of the statutory scheme that empowers them, and the consequences of the alleged breach.

Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged breach of the Code involves factually complex or serious acts of misconduct.

The franchisee alleges that Quiznos did not respond to three requests it made asking how the advertising fees were spent, in breach of this term.

The Court found one of the broker defendant's alleged failure to help secure business permits for the tenant didn't rise to the level of intentional conduct that induced tenant's breach of lease.

Bowen did not dismiss alleged breaches of the state Payday Lending Act (PLA), which includes provisions designed to protect consumers against usury.

Civil contempt has three elements to be established beyond a reasonable doubt: the order alleged to have been breached «must state clearly and unequivocally what should and should not be done»; the party alleged to have breached the order must have had actual knowledge; the party allegedly in breach must have intentionally done the act that the order prohibits or intentionally failed to do the act that the order compels.

While Mr Justice Forbes did not doubt that the expenditure of managerial time in remedying a breach was recoverable, the claimant had to prove that the manager's time was in fact expended in the manner alleged.

Civil Procedure: Mareva Injunctions; Contempt Carey v. Laiken, 2015 SCC 17 (35597) Civil contempt has three elements to be established beyond a reasonable doubt: order alleged to have been breached «must state clearly and unequivocally what should and should not be done»; party alleged to have breached the order must have had actual knowledge; party allegedly in breach must have intentionally done the act that the order prohibits or intentionally failed to do the act the order compels.

Wong v. Grant Mitchell Law Corp. et al. 2015 MBQB 88 Barristers and Solicitors — Medicine — Professional Occupations Summary: The plaintiff sued a law firm, alleging that his lawyers did not provide him with appropriate advice with respect to a limitation period such that he lost his opportunity to sue a psychologist for breach of duty of disclosure.

Cast as a breach of sections 7 and 15 of the Charter of Rights and Freedoms, the action alleges that prisoners are being discriminated against as they do not have any access to the sterile injection equipment widely available for drug users through community based programs across Canada.

N v London Borough of Barking and Dagenham and others Whether alleged disclosure between care professionals of a father's gender reassignment was a breach of the Data Protection Act 1998

N v London Borough of Barking and Dagenham and others Whether alleged disclosure between care professionals of a father's gender reassignment was a breach of the DPA

COLUMBUS, Ohio (Legal Newsline)-- The Ohio Supreme Court has ruled that punitive damages are not recoverable in a breach of contract action in which the alleged violation stems from conduct that also constitutes a wrongful act.