Sentences with phrase «not wrongful conduct»

Fairness, not wrongful conduct like adultery, is the prevailing principle.

Not exact matches

Xapo itself is not named, but LifeLock is asking the court to force Casares, et al to disgorge «the value of the Xapo product attributable to Defendants» misrepresentations, omissions, breaches of duty, and other wrongful conduct.»

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

This petition does not intend to shield any wrongdoers — in fact, there are no allegations of wrongful conduct behind any of the Subpoenas,» attorneys Michael Garcia, Marc Kasowitz and Jay Musoff wrote in papers filed on Wednesday.

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In April 2013, the U.S. Supreme Court ruled in Kiobel v. Royal Dutch Petroleum that claims of wrongful conduct on foreign soil can not be brought in U.S. courts under the ATS.

Notably, in response to Ms. Strudwick's request to be awarded an extended common law notice period because of the employer's conduct (she requested damages equal to pay and benefits to age 65 on appeal), the Court of Appeal reiterated that common law damages for wrongful dismissal are intended to give employees what they reasonably need to support themselves until they find a new job, and not to compensate them until retirement.

(1) A death (2) that was caused by the defendant's wrongful or negligent conduct (3) giving rise to a specific cause of action the deceased could have pursued in a lawsuit had he or she not died from the conduct.

And, not surprisingly, each of those parties usually try to avoid responsibility for their wrongful conduct and pass it on to others.

The correct measure of damages in a case of conversion is that which will provide just compensation for loss suffered by the claimant having regard to the particular circumstances of the case, and so it is impossible to ignore the claimant's own conduct in relation to that loss, since, if he has failed to take advantage of an opportunity reasonably available to him to avoid it in whole or in part, it will be difficult for him to justify requiring the defendant to pay compensation for a loss that could not fairly be attributed to his wrongful act.

Although it is important to note that the RCMP's 1982 investigation did lead to Marshall being freed from prison — implying that one can not always assume that a police force will not be able or willing to conduct a proper investigation into allegations of wrongful conviction — we believe that most citizens would feel more comfortable taking this sort of information, at least initially, to a person or body they do not consider to be part of the criminal justice system, or directly or indirectly involved in the original investigation.

Some states do not award alimony unless there is some form of wrongful conduct and those are often times only seen in fault divorces, where one spouse can prove something like abandonment, financial abuse, addiction, physical abuse, adultery, child abuse, etc. most states, now, are no fault, and if alimony is available it's often only rehabilitative.

And a finding of «not guilty» doesn't mean that the alleged wrongful conduct didn't happen (although, conversely, the fact that he or she was charged doesn't mean it did, a point too often forgotten).

The Court of Appeals rejected all of these arguments and ruled that the plaintiff was not a victim of «hazing» or any other foreseeable criminal activity, and again, that the wrongful conduct of the one fraternity brother that hurt the plaintiff is not the responsibility of the college or the fraternity organizations.

The wrongful conviction work that Klinkosum conducted has not only secured the freedom of individuals wrongfully detained but has also led to systemic changes in North Carolina.

Knowing that the firm will take such cases to trial is often the most effective way to obtain fair compensation and to insure that the wrongful conduct of the defendant does not continue.

(HPA s. 20 (2.2)-RRB- Accordingly, a person may have good character despite past «wrongful» behaviour, e.g., if it is unrelated to whatever character a particular profession requires, or if the conduct was exceptional and did not truly reflect the character of the applicant.

A lack of requirement to provide an explanation does not necessarily equal a right to silence, because according to Re Tober Enterprises Ltd. and U.F.C.W. Local 1518 (1990), 7 C.L.R.B.R. a failure to rebut an employer's evidence of wrongful conduct may be interpreted as a refusal to admit responsibility.

Even if the wrongdoers are not engaging in wrongful conduct against you directly, it is possible to maintain an action against them to protect your legitimate economic interests.

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.

Also, this wouldn't apply if the conduct was deemed wrongful for tort purposes, which this conduct might very well be considered to be.

«causation could be proven for the class as a whole upon proof that the gain would not have been obtained but for the defendants» wrongful conduct»: para. 32.

It is a novel claim, but it is not «plain and obvious» that based on the allegations of wrongful conduct in this case that the claim for waiver of tort would fail.

But, this is civil detention and not based upon personal wrongful conduct, it is based upon your legal status.

This case sends a strong message that situations involving discriminatory conduct combined with a wrongful dismissal action may not be analyzed using the typical wrongful dismissal reasonable notice framework given the broad and creative remedial powers the tribunal possesses.

The Court of Appeal upheld the trial judge's findings that McGoey, who was both CEO and director at UBS and Look, breached his fiduciary duties owed to UBS and its shareholders and held he was not entitled to receive millions in enhanced severance as a result of his wrongful conduct.

The arbitrator decision ensured that the employee did not benefit from what he gained from his wrongful conduct.

«Awarding a lesser amount of damages would not serve the purpose of the Copyright Act in deterrence of further wrongful conduct by Defendant,» the judge wrote.