Sentences with phrase «of alleged defects»

Because the evidentiary material presented to the trial court establishes disputed material facts about the Sellers» and Broker's actual knowledge of the alleged defects in the residence, we reverse the order granting summary judgment.

Representation of generator manufacturer in International Chamber of Commerce (ICC) arbitration arising out of alleged defects in equipment supplied to power plants around the world

Mr. Ezrin represented individuals with injuries arising out of alleged defects associated with the DaVinci robotic surgery.

This was an appeal against a decision of Bean J to reject a judicial review of the Parking Adjudicator's decision in a test case concerning the effect of alleged defects in traffic signs and road markings on the liability to pay the penalty charge (a parking ticket).

Not exact matches

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials for GED - 0301 suffered from fatal design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDA.

During the governorship primaries, the bulk of Yahaya Bello's votes came from some party members who had earlier defected to Accord Party after the alleged imposition of candidates by leaders of the party prior to the 2015 general election.

New York County Supreme Court Judge Carol Edmead reinstated Clark and Campusano on the ballot on August 11, writing that «the defects alleged in the pleadings are di minimus,» an abbreviation of a Latin doctrine referring trivial matters not worthy of the court's scrutiny.

At an event in Osogbo, the Osun state capital, while leading thousands of his supporters to defect to APC, Adeleke noted that with the alleged assault on him by the then Minister of Police Affairs, Jelili Adesiyan, and candidate of the PDP, Iyiola Omisore, he and his followers were no longer safe in the party.

But, on November 25, 2017, the former minister of state defected to the APC, a move that was seen by many as trying to evade further probe for his alleged involvement in the $ 2.1 bn arms scam.

This had prompted a former aide to President Jonathan, Reno Omokri, to also release a list of alleged looters in the APC, including those who defected from the PDP to the ruling party.

Risk - utility tests generally examine whether the risks posed by an alleged design defect could have been avoided or reduced through the use of an alternative solution that would not have impaired the utility of the product or unnecessarily increased its cost.

Liability for an alleged design defect is often determined using a risk - utility test, 36 the standards of which vary in different states.

[8][9] In February 2009, five separate class action lawsuits related to the alleged oil sludge defect were consolidated to the District of New Jersey.

The National Highway Traffic Safety Administration has upgraded a defect investigation of 1987 and 1988 Chevrolet Beretta and Corsica models to determine whether the cars» rear wheels can unexpectedly come off due to a faulty spindle.The agency said it has 11 complaints alleging rear wheel separation on Corsica and Beretta models, including reports of eight accidents, nine injuries and one fatality.The agency has also opened preliminary investigations into reports of problems with the anti-lock braking system on 1985 - 87 Lincoln Continentals and complaints of defective bolts on the rear brakes of 1988 Chevrolet and GMC C / K pickups.

NHTSA said its review of information submitted by the South Korean automaker identified additional field report data related to the alleged defect.

A group of Jeep Grand Cherokee owners has filed a class - action lawsuit against Jeep parent company Fiat Chrysler Automobiles alleging it concealed a shifter design defect.

Another robo - signing / securitiztaion / foreclosure fiasco update here: As I am sure you are aware, the foreclosure processes of many major lenders and mortgage servicers are under investigation for alleged fraud and other process - related defects (for further background, here is an excellent series of articles by Mike Konczal that describes what is going on).

Hilton alleges that Apple «knew that this defect existed as of the time of the phone's manufacture, and that it would be substantially certain to exhibit itself within approximately 18 months of the phone's first use.»

The alleged defect involves a flex cable connected to the phone's power button, the «premature deterioration» of which «causes the power button to become harder and harder to depress until eventually it becomes entirely unresponsive,» according to the complaint.

He successfully argued an appeal at the 10th Circuit that affirmed the dismissal by the U.S. Court of the Northern District of Oklahoma of a putative class action against Goodman Manufacturing alleging that Goodman breached its warranty on 800,000 air conditioning units due to an unmanifested defect.

In groundbreaking litigation at the forefront of what would become a Department of Justice investigation and the largest defective product recall in automobile history, Ms. Mincey alleged that the airbag system in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumers.

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.

Unfortunately, you may feel you are a target if a construction defect is found or alleged following the course of construction.

Firm's Attorneys, Ervin Gonzalez of Colson Hicks Eidson Hold Press Conference on Class - Action Lawsuit Alleging National Cover - up of Condo Fire Sprinkler System Defects

Our litigation and trial lawyers are experienced with the common and statutory laws involving the prospective liability of manufacturers, distributors, and sellers of products to purchasers, users, and bystanders for personal injury and property damage caused by alleged defects in those products.

Defended a major U.S. - based automobile manufacturer in claims of property damage arising from vehicle and structural fires, and against insurance subrogation actions alleging design, manufacturing, and warning defects

We have defended more than 600 cases for both foreign and domestic automobile manufacturers — including Chrysler, Ford, Hyundai, and VW — alleging an array of defect theories involving air bag systems, seat belt systems, seat backs, door latches, vehicle structure, and crashworthiness claims.

In any event, it accepted the Parking Adjudicator's submission that the original adjudicator had made findings of fact that all alleged defects in signs and lines fell within the de minimis principle.

The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence.

The CPSC alleges that LG intentionally failed to report a defect and an unreasonable risk of serious injury with several models of dehumidifiers, even though it is required by federal law.

Successfully represented AMERICAN EXPRESS in an appeal to the High Court relating to alleged minor technical defects in a default notice served pursuant s87 (1) of the Consumer Credit Act 1974.

Defense of both foreign and domestic automobile manufacturers in more than 600 cases involving a wide variety of alleged design or manufacturing defects, including cases involving air bag, seat belt, vehicle structure and other crashworthiness claims;

The plaintiff alleged that the landowner allowed a defective, dangerous, and unsafe condition to exist, knew or reasonably should have known of the presence of the defect, and failed to repair it in a timely manner or warn others of the defect.

Hathaway alleged that the shirt had both a manufacturing defect and a design defect, and he claimed that Cintas was liable for failure to warn of the risk of injury.

Member of trial team involving multiple pharmaceutical product liability claims for multinational, Fortune 50 pharmaceutical company in various venues throughout Texas and the United States; Trial co-counsel involving alleged marketing and design defect allegations in multiple trials lasting several weeks to several months.

We litigated and resolved a class action lawsuit on behalf of purchasers of certain RCA, Proscan and GE branded televisions alleging that a defect rendered the TV's inoperable; the settlement made up to $ 100 million in available to television purchasers for unreimbursed repairs.

Car accident litigation may also include a product liability claim against the manufacturer of a vehicle or part of a vehicle, alleging a design or manufacturing defect which contributed to the accident.

Issues arose as to the state of the vessel at various times and the defects alleged by the Respondents to have been present.

Defense of an automobile manufacturer against insurance subrogation actions alleging design, manufacturing, and warning defects..

Defended a contractor in claims alleging construction defects in the fire suppression system of a shopping center that was destroyed by fire.

Importantly, the plaintiff's claim was not based on a theory of premises liability and did not allege any defect or hazard in the home.

However, the vendor maintained that at the time of the sale all of the problems with the property had been remediated and that therefore there was no duty to disclose the alleged defect.

Defended a domestic automobile manufacturer in dozens of actions in Ohio against personal injury and fire damage claims involving allegations of airbag non-deployment, seatbelt failure, brake failure, wheel - off, transmission explosion, car jack collapse, wiring failures, and other alleged design, manufacturing, and warning defects.

Pesticides or fertilizers may be alleged to have caused injury or death to a child as a result of a product defect or someone's negligence.

ICBC will often allege that no injury was suffered or that the symptoms are part of a pre-existing congenital defect.

Defense of Amtrol in Massachusetts state court product liability class action alleging defects in residential water heaters

Third, she argued that the appeal was not a full re-hearing of the «hearing» she had had prior to the Dean's decision to suspend and did not cure the alleged defects in the fairness of the process.

Currently representing Nissan North America in a consumer class action alleging the existence of an undisclosed defect in the transmissions of certain automobile models.

The New York Court of Appeals, which is the highest state appellate court in New York, recently released a decision affirming two lower court decisions to exclude a plaintiff's proposed expert witnesses in a personal injury case filed on behalf of a child who was born with serious birth defects and disabilities alleged to have resulted from his mother inhaling gasoline fumes while she was pregnant with him.

The first of what we expect to be many Zofran birth defect lawsuits have been filed, alleging that use of the drug during pregnancy resulted in various birth defects.