Sentences with phrase «on alleged misrepresentations»

Their claims were based on alleged misrepresentations which caused the parents to enroll their children in the School.

Because the alleged misrepresentation concerns a matter beyond the representative's control and outside of her knowledge, any reliance on alleged misrepresentations is not justifiable.

Co-lead counsel on behalf of a national accounting firm in consumer and competitor class actions seeking hundreds of millions of dollars based on alleged misrepresentations relating to the provision of services.

On 23rd May 2012, the claimant made a request for additional disclosure which was in respect of the counter claim for damages made by the respondent based on alleged misrepresentations and on the constructive trust point raised by the claimant.

The policy objectives of the Act are more nuanced, and seek to strike a balance between various market participants, which includes (i) consideration of the interests of defendants and (ii) protection of subsequent shareholders from claims based on alleged misrepresentations made to previous shareholders.

On another level a departing CEO or Chairman may have a # 1m + contract which is tempting to contest rather than pay based on alleged misrepresentations.

Part of the balance struck by the three - year event triggered limitation period was to protect subsequent shareholders from claims based on alleged misrepresentations made to previous shareholders; and

For the original, together with Schneider's commentary on its alleged misrepresentation, see also American Physical Society, APS News August / September 1996.

Successfully represented Plaintiff in fire loss claim against insurer where jury awarded $ 175,000.00 in punitive damages for bad faith conduct of insurer in denying claim based on an alleged misrepresentation in in the application process (Haji - Fazul v. Lloyd's Underwriters)

This case involved an insurance claim that was denied based on an alleged misrepresentation in an application for insurance coverage related to the Uniform Conditions of Carriage and the existence of a «standard» Bill of Lading.

Not exact matches

The complaint alleges that the fare misrepresentations on the oMC site violated 49 U.S.C. § 41712, which proscribes unfair and deceptive trade practices.

We shall have no liability for and you agree to reimburse, indemnify and hold us, our affiliates and our and their partners, directors, officers and employees and any person controlled by or controlling us harmless from all Losses that result from: (a) your or your agent's misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) Capital One Investing following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or custodian, (d) the failure by any person not controlled by Capital One Investing to perform any obligations to you, and (e) your failure to provide accurate information on your Account Application or to update that information.

A SCIENTIFIC researcher whose groundbreaking study into the impact of wind turbines on nearby residents has criticised the ABC's Media Watch program, saying its journalist hounded his company about alleged media misrepresentations without reading or understanding his report.

Reblogged this on ajmarciniak and commented: A SCIENTIFIC researcher whose groundbreaking study into the impact of wind turbines on nearby residents has criticised the ABC's Media Watch program, saying its journalist hounded his company about alleged media misrepresentations without reading or understanding his report.

The alleged evidence for these theories seems to be selective misrepresentation of the funding sources for various think tanks which have taken a stance on climate change.

While the companies were still operating, they took funds from investors who subsequently alleged that they made their investments based on negligent or fraudulent misrepresentations.

The Court considered the claims of the groups of creditors that had assigned their actions to the Appellant, and found that to the extent those claims were personal — alleging misrepresentations to themselves personally, investments they made in reliance on those misrepresentations, and resulting personal loss — the Appellant could not pursue the claims on their behalf.

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.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Goldman Sachs in its successful defence of a claim by IFE, a mezzanine investor fund, alleging misrepresentation in relation to the information memorandum issued on syndication of the investment.

In the unusual bonus claim case of Herbert v JP Morgan (2012), he successfully defended the investment bank against a High Court, Queen's Bench Division claim by an banker for a bonus based on an alleged negligent misrepresentation during the recruitment process.

There is considerable potential for the OFT to sharpen the tools available to it and for it and the SFO to consider whether the alleged conduct could, for example, be better prosecuted under the FrA 2006 on the ground of an abuse of position or a misrepresentation.

Many disputes arise from the information purportedly presented or not presented to insurers at the time the risk was first placed or on renewal i.e. alleged non-disclosures or misrepresentations.

A Canadian accounting firm, Schwartz Levitsky Feldman («SLF»), had provided a clean audit opinion regarding the company as part of the private placement and was sued for alleged negligence and misrepresentations in its audit report by the one Ontario - based investor, Excalibur, on behalf of a proposed global class comprised of all worldwide investors.

On December 8, 2015, the Second Circuit overturned the convictions of a securities trader for alleged misrepresentations made to certain RMBS transaction counterparties, some of which were investment vehicles established and...

Where the alleged fraudulent act is not in the nature of deceit or falsehood, such as a misrepresentation of fact, the causal link between the dishonest conduct and the deprivation may not depend on showing that the victim relied on or was induced to act by the fraudulent act.

The only connection to British Columbia was that pre-contract meetings took place in the province on April 8 and 9, 2015, where Northwestpharmacy alleges that the defendants made fraudulent misrepresentations.

The plaintiff alleges that on November 9, 2010, Smart made corrective disclosure in respect of a misrepresentation contained in its prospectus.

Plaintiffs can pursue them on an individual basis and where there is damage or loss to consumers, but the problem in Unlu and other cases like it such as Ileman and Clark, says Reinertson, is they are consumer protection cases where there is alleged misrepresentation but the consumers didn't suffer any actual loss as a result.

Relying on the Conte opinion, he alleged theories of negligent misrepresentation, fraud, negligence, strict liability, and breach of warranty.

The Appellant is a plaintiff in a class proceeding against the respondent suing on fourteen alleged misrepresentations.

Since the Developers lawsuit was premised on the Salesperson's alleged misrepresentation of his relationship with the alderman, the court did not consider the allegations related to the Second Property because the approval of the alderman was not required to develop those properties.

To allege fraud, the Buyers would need to show that the Brokerage made a false representation of material fact with knowledge of the statement's falsity or reckless disregard for the truth, with the purpose of inducing the Buyers to act in reliance on the statement, and where the Buyers justifiably relied upon the misrepresentation and acted upon it, thereby suffering damage.

The Act prohibits «deception, fraud, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon [it], in connection with the sale or advertisement of... real estate,... whether or not any person has in fact been misled, deceived or damaged thereby...» The court noted that when the alleged wrong is an omission or failure to disclose, the plaintiff must show knowledge on the part of the defendant, as intent is an element of that type of fraud.