Sentences with phrase «of action for damages»

Judge Simmonds QC heard argument on the preliminary issues of: whether a breach of ICTA 1988, s 561 (2) by HMRC would give rise to a cause of action for damages; if so, whether HMRC was in breach of s 561 (2) as alleged by the claimant; whether HMRC owed a common law duty of care to the claimant to process the application with reasonable expedition; and if so, whether there had been a breach of that duty of care as alleged by the claimant.

Any misrepresentation of a material fact, or failure to comply with a disclosure obligation, entitles a franchisee to a cause of action for damages — that is, if it results in damages.

Also, as of July 2017, private rights of action for damages will also become available.

While the action for damages had been initially conceived to protect those having a subjective right to be enforced before national courts, a reasonable solution in the present situation could be that the party who had drawn a benefit from the implementing act contrary to EU law now would be required to carry the burden of undertaking the necessary steps of an action for damages against the Member State; this would appear more justified than to impose said burden on the party who possesses a right created through the concretisation of the content of a principle (para 79).

There, we «implied» — from what can only be characterized as an «exclusively procedural provision» affording access to a federal forum, cf. Textile Workers v. Lincoln Mills, 353 U. S. 448, 353 U. S. 462 - 463 (1957)(Frankfurter, J., dissenting)-- a private cause of action for damages for violation of § 14 (a) of the Securities Exchange Act of 1934, 48 Stat.

(b) the creation of a cause of action for damages sustained by any person aggrieved by conduct of governmental agents in violation of the Fourth Amendment or statutes regulating official conduct;

Sec. 13 - 408 (a) establishes a private cause of action for damages sustained as a result of an act prohibited by the Consumer Protection Act.

The casus belli, which has prompted the current debate about the EU's judicial architecture, is the increase in the number of new cases brought before the GC (from 398 in 2000 to 912 in 2014); the stock of cases currently awaiting to be decided (1,423 in 2014 and expected to rise to 1,600 in 2015); and finally, the increasing number of actions for damages brought against the EU due to the excessive length of proceedings before the GC on the basis of Article 47 of the EU Charter, which guarantees a right to have cases heard within a reasonable time.

Not exact matches

The prospect of winning large damages in a class action can be the only way for consumers to find lawyers to take their cases, so a denial of this certification can effectively end some lawsuits.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The most important policy action for mitigating the damage of a recession is for the central bank to keep interest rates low, according to the respondents, followed by increasing spending on transportation and other infrastructure projects.

If something looks amiss — for instance, if a user begins to access and route data in an unusual way — a range of automated actions gets triggered that is designed to limit damage, without disrupting workflows.

The Greens also want Facebook to pay damages, which would make it easier for individuals in similar cases to take the financial risk of taking legal action.

Earlier this week, a proposed class action was also filed in California by a group of Facebook users seeking damages from the company for failing to protect their data.

Any damages that Retrophin is forced to pay to Su or Huang in the Schwab Action, whether through settlement or final judgment, and all attorneys» fees and costs incurred by Retrophin in defending the Schwab Action, are due to Shkreli's decision to block the sale of Su and Huang's shares for his own benefit and without consulting with Retrophin's Board.9

It may seem a smart action to apply for different credit cards at the same time to increase your chances of approval but in reality, it is quite a dumb idea and you will eventually end up with a heavily damaged FICO or credit score whether you get approved or not.

And those who wish to think about the government's responsibility and actions in the hurricane - damaged parts of Florida or Texas or Virgin Islands or Puerto Rico or Cuba or elsewhere in the Caribbean, this program is for you.

The pattern on trade policy through the first 14 months of the Trump administration has been to pair blustery talk — about pulling out of the North American Free Trade Agreement, for example — with more modest policy actions and negotiations that may avert real economic damage.

Under no circumstances will Sapphire Ventures or its affiliates be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the website, regardless of whether Sapphire Ventures or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, negligence or otherwise.

You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys» fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

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;

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

SIX Financial Information (a) does not make any express or implied warranties of any kind regarding the data, including, without limitation, any warranty of merchantability or fitness for a particular purpose or use; and (b) shall not be liable for any errors, incompleteness, interruption or delay, action taken in reliance on any data, or for any damages resulting therefrom.

The class action, filed in United States District Court, for the Central District of California, and docketed under 17 - cv - 09157, is on behalf of a class consisting of investors who purchased or otherwise acquired Crypto securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

«After winning the Colossal Fossil award — given to the country doing the most damage to climate talks in a given year — five years in a row, Canada is in a league of its own for its total lack of credibility on climate action,» said Christian Holz, Executive Director of Climate Action Network Caction,» said Christian Holz, Executive Director of Climate Action Network CAction Network Canada.

You will need liability insurance for cases where one of your customers suffers a loss or property damage as a result of your actions.

The class action, filed in United States District Court, for the Southern District of New York, and docketed under 18 - cv - 00646, is on behalf of a class consisting of investors who purchased or otherwise acquired Xunlei securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

Those cases include decisions addressing the jurisdiction of the SEC, the CFTC and bank regulators over newly created derivatives and other financial instruments; the scope of the definition of a «security»; the availability of private damage actions; extraterritorial application of U.S. securities and futures laws; the standards of liability for fraud and manipulation; electronic trading markets; and the scope of fiduciary obligations of brokerage firms and banks.

For conduct off the job, the board of directors would have to prove the employee's actions damaged the company.

Finally, any infraction of the confidentiality provisions or any other part of this Agreement by you that causes AboutFace to violate the confidentially provisions of its Agreements with its clients or to lose credibility, anonymity or future business may result in civil action against you for the damages you have caused by your failure to comply with these confidentiality provisions.

On Monday, the Oklahoma government acknowledged the increasing danger of man - made earthquakes and said the state will take action to prepare for the quakes, which could do considerable damage since the state's building codes aren't as strict as those in states like California, where earthquakes have long been regular occurrences.

Second, the opportunity for amnesty gave others the chance to search their actions and clear their consciences of misdeeds that had brought great damage to others.

THE COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd - PARTIES, ACTIONS OF ANY 3rd - PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER»S COMPUTER EQUIPMENT OR OTHER PROPERTY.

For the first time in the history of creation, the life support systems of the Planet Earth are being destroyed by human activities... Throughout history humans have caused locally significant damage to the environment, but never before have human numbers and actions combined to threaten the integrity of the entire planet.

However, we would like to join the ranks of people, including the more than 6,000 supporters who have signed the petition to stop the destruction of field trials of GM crops, in calling for anti-GM activists and other concerned citizens to not take action that could delay the assessment and ongoing research of Golden Rice as a potential new way to reduce vitamin A deficiency and reduce the damage it can do to the precious vision and eyes of children.

In no event shall Sunny Crunch Foods Ltd. and / or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

In a case similar to the Gaidry case, New Iberia Extract Co. v. McIlhenny Sons, the New Iberia Company had recently recovered damages against McIlhenny Sons in the Supreme Court of Louisiana, on a similar cause of action, New Iberia Extract Co. v. E. McIlhenny, 182 La. 150 [8 T. M. Rep. 189], the decision having been based largely on the judgment of the Court of Appeals for the District of Columbia, cancelling the Mcllhenny Company registration of «Tabasco» as its trade - mark.

However, in no event shall Kontos Foods» total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.

Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.

Debuchy has been out of action for two months now, since damaging his ankle in the game against Man City and he has been a big loss for us, especially since Laurent Koscielny joined him in the treatment room.

With two of our regular forwards out of action, Walcott has a great chance of starting the FA cup fourth round clash away to Brighton on Sunday and I'm sure that the 25 - year old is desperate to start his second game for Arsenal since damaging his cruciate ligaments over a year ago.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE USTA.

THE ACTION NETWORK GROUP ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to the Action Network Group, for which monetary damages would be inadequate, and you consent to the Action Network Group obtaining any injunctive or equitable relief that the Action Network Group deems necessary or appropriate in such circumstances.

Zabaleta confirmed Gundogan has damaged the same knee he dislocated earlier in the year, a setback that saw him out of action for four - and - a-half months and delayed his City debut until mid-September.

Arsenal full - back Hector Bellerin is set to be out of action for the rest of the month after damaging an ankle ligament during the North London derby against Tottenham Hotspur, IBTimes UK sources understand.

A hamstring injury restricted his participation between the months of September to December, and he is now expected to miss further first - team action, potentially damaging his chances of starting regularly for the club.

If you commit fraud or falsify information in connection with your use of the Services or in connection with your Founding Moms account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.

In no event shall Mead Johnson & Company (any of its officers, directors, employees, agents, representatives, information providers or licensors) be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action).