The question is not whether the plaintiff can obtain the precise remedy she seeks through the court; it is whether she can obtain effective redress
of the alleged harm through the mandatory arbitration provisions of the collective agreement and the Code.
A medical malpractice plaintiff needs to prove that a doctor - patient relationship was in existence at the time
of alleged harm, that the healthcare practitioner did not live up to the appropriate standard of care and that the injuries suffered were directly caused by that failure.
WASHINGTON — The Dodd - Frank Act has become the catchall for a litany
of alleged harms, not the least of which is the decline of small banks.
Not exact matches
Christopher Dietz and his Washington, D.C. - based company, Dietz Development, filed suit in October against Jane Perez
alleging that Perez made defamatory statements about Dietz on Yelp and Angie's List that
harmed his reputation and business to the tune
of $ 750,000.
Their first major campaign will be a series
of ads aimed at parents and teenagers warning about the
alleged psychological
harm inflicted by spending too much time on social media.
Shortly thereafter, Daniels added a complaint in her lawsuit against Cohen,
alleging defamation when on February 13 he stated in reference to claims
of an affair that, «Just because something isn't true doesn't mean it can't cause you
harm or damage,» implying that Daniels is lying about the affair.
While Fredrickson is not one
of the firm's general partners, he found himself embroiled in the Uber conflict last month when one
of Kalanick's closest allies, Uber investor Shervin Pishevar,
alleged that Fredrickson was willing to
harm the $ 70 billion company in order to staff other startups that he allegedly backed.
«[Wheaton College] has failed to show that delaying a judgment in its favor to the conclusion
of proceedings in the district court would do the college any
harm... The college has also failed to match the relief it seeks to the illegalities it
alleges... the government isn't using the college's health plans, as we have explained at perhaps excessive length.»
There can be no
harm in setting a terminological locus for
alleged distinctions, admitting that they may assume every value
of significance from zero to infinity; but there is very definite
harm in depriving apparent distinctions
of terminological and systematic locus, since their value is then determined as zero by fiat.
Silvers lawyers two weeks ago claimed that statements Bharara made about the charges — which
allege Silver lined his pockets with nearly $ 4 million in bribes and kickbacks in a stunning abuse
of power dating to at least 2000 — «caused irreparable
harm by tainting» the grand jury that indicted him on Feb. 19.
The lawyers filed a motion to dismiss the charges — which
allege Silver lined his pockets with nearly $ 4 million in bribes and kickbacks in a stunning abuse
of power dating to at least 2000 — claiming public statements that Manhattan US Attorney Preet Bharara made about the case «caused irreparable
harm by tainting» the grand jury that indicted him on Feb. 19.
Of the prosecution's allegations of harm done by the alleged bid - rigging scheme, one of the defense lawyers called it «entirely speculative and metaphysical.&raqu
Of the prosecution's allegations
of harm done by the alleged bid - rigging scheme, one of the defense lawyers called it «entirely speculative and metaphysical.&raqu
of harm done by the
alleged bid - rigging scheme, one
of the defense lawyers called it «entirely speculative and metaphysical.&raqu
of the defense lawyers called it «entirely speculative and metaphysical.»
A federal appeals court halted the release
of a list
of alleged co-conspirators in the 2013 George Washington Bridge lane closures after an anonymous person named on the list said its release would
harm the person's reputation.
The state has agreed to hire a monitor and a research expert to serve as watchdogs
of the New York City foster care system to settle a federal class - action lawsuit that
alleges foster children are enduring irreparable
harm after lingering too long without permanent families.
That makes this the first case in New York state where the injury from an
alleged crime consists
of harm to a corporation's reputation, Porter says.
«The «
harm» is the defendant's
alleged actions constitute a felony offense, and undermines the integrity
of the political process.»
Last Thursday the House ethics committee accused Rep. Charles Rangel
of 13 violations
of House rules involving
alleged financial wrongdoing and
harming the credibility
of Congress.
Rangel has come under fire for
alleged financial wrongdoing and
harming the credibility
of Congress, according to the ethics complaint.
I got a free sample
of maca root powder which is
alleged to taste terrible but is supposed to cause hormonal enhancement that would cause the more pulchritudinous ladies to tug more prodigiously upon one's venereal strings, and not do any
harm to muscle to body fat ratio.
If one or more
of our members suffers or
alleges to have suffered physical, financial, emotional or other
harm following contact initiated on our platform or an online dating website
of one
of our competitors, any resulting negative publicity or legal action could
harm our reputation and business and may have an adverse effect on us and the reputation
of the online dating industry in general, potentially leading to, among other things, increased government scrutiny and regulation and an adverse effect on our business, financial condition and operating results.
Critics
of ESAs and other school choice efforts like to
allege that the programs will «siphon» resources from public schools or
harm students in some way.
Lawsuits filed by the United Federation
of Teachers and the NAACP
alleged that the closures were carelessly orchestrated and would do students
harm.
The Department
of Justice did not even
allege that the program would
harm these students or any others.
It's hard to know, say many observers, how publishers can continue to justify contractual conditions
alleged to
harm authors to the benefit
of the corporations.
This varies greatly by state and the type
of harm alleged,
of course.
The central plank
of their criticism is that Ms. Quinn's
alleged actions (and it must be stressed these are still only allegations) caused
harm to games journalism by allegedly eliciting more positive review scores for her game Depression Quest.
There is
of course more, but I'm going to stop because I realize that while all this is good evidence for
harms caused by anthropogenic climate change in general, to be really relevant to the topic at hand, we should be looking at the specific
harms alleged by the plaintiffs in the suit over which judge Alsup is presiding.
This is especially true when such
harms have an
alleged disparate impact on a discrete class
of society.
The $ 30 million overhaul was made without installing, as required under the New Source Review requirements
of the Clean Air Act, the best available technology to minimize emissions
of sulfur dioxide and nitrogen oxides — pollutants that
harm human health by contributing to heart attacks, breathing problems, and other health problems, the suit
alleges.
It is increasingly clear that those who warned
of global warming doom have not first attemped to understand the drivers
of climate, and have exaggerated both the link between CO2 and warming and the
alleged net
harm which might arise from it.
In the Illinois ruling, Judge Shah said «The
alleged harm to out -
of - state power generators who will be competing in auctions against subsidized participants is not clearly excessive» when considered against «weighty and traditional areas
of permissible state regulation.»
Like the handful
of cities and counties in New York and California that have sued the energy industry over the past year, the three Colorado municipalities
allege that they have been
harmed by the impacts
of climate change — impacts they have helped cause.
This factor is not concerned with how intimate the plaintiff and defendant were or with their physical proximity, so much as with whether the actions
of the
alleged wrongdoer have a close or direct effect on the victim, such that the wrongdoer ought to have had the victim in mind as a person potentially
harmed.
Besides infringement, the suit had
alleged infliction
of emotional distress, cyberstalking, and online impersonation with intent to cause
harm.
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 current version
of s. 163.1 (6) states: «No person shall be convicted
of an offence under this section if the act that is
alleged to constitute the offence (a) has a legitimate purpose related to the administration
of justice or to science, medicine, education or art; and (b) does not pose an undue risk
of harm to persons under the age
of eighteen years.»
The simplest way to apply the concept
of proximate cause to legal malpractice is to ask whether, «but for» the
alleged negligence, the
harm or injury would have occurred?
Generally, no person shall be convicted
of an offence under section 163.1
of the Criminal Code if the act that is
alleged to constitute the offence has a legitimate purpose related to the administration
of justice or to science, medicine, education or art; and does not pose an undue risk
of harm to persons under the age
of eighteen years.
Secured complete dismissal
of criminal charges
of mail fraud, false ERISA statements, and other charges brought in federal court against small business owners amounting to $ 2 million in
alleged but unproven
harm.
To be successful, you must prove that the negligence being
alleged was the cause
of the
harm you are claiming compensation for.
In a March 31 statement
of claim, Dr. Mohamed Foda
alleges the postings were not made by actual patients
of his, but by someone who has a «malicious» motive to
harm his medical business, and states he will seek to identify the unknown defendants by searching for their computer identifying information.
Whether the
alleged exposure involves air, water, soil or groundwater, when a plaintiff or group
of plaintiffs brings an environmental exposure claim, an experienced California toxic lawyer at our firm will launch a thorough investigation to determine whether an exposure actually occurred and, if so, the extent to which the exposure may have caused the illness or other
harms alleged by the plaintiffs.
So Mr Habib sued the Australian Government for the torts
of misfeasance in public office and
of intentional infliction
of indirect
harm by its officials when they aided and abetted his
alleged torture.
We've been working to raise awareness
of emerging reports relating to
alleged Taxotere hair loss and the
harm this development inflicts on women.
Before this court, the local authority's understanding
of their own case and the principles to be applied where significant
harm has been suffered by a child and where the mechanism for that and / or its
alleged perpetration is one
of the facts in issue in the proceedings, can only be described as worrying.»
Here, the Court ruled that the Bier rule would grant jurisdiction to the courts
of the Member State where the publisher is established (i.e. the place where the event giving rise to the
harm occurred), or before the courts where the newspapers were (physically) distributed and where the victim
alleges to have suffered
harm (i.e. the place where the damage occurred).
Altus also
alleged that Gordon did not disclose lending money to a company with which Altus was doing business thereby making Gordon guilty
of a conflict
of interest to the
harm of Altus.
It excludes minor or even moderate
harm.19 Because there is no exact definition
of what constitutes «great bodily
harm»... it is actually determined on a case - by - case basis20... overzealous prosecutors have a tendency to
allege it every chance they get.
The
alleged harm must not arise simply due to the «complainant's interest as part
of the collectivity
of shareholders».
Since the
alleged harm had already occurred before the sixth lawyer took over the case, Frost Brown Todd then claimed that none
of its lawyers or even the firm itself has any liability.