Sentences with phrase «on breach of»

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories

Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on breach of contract and quasi-contract theories where there is a bona fide dispute as to the existence of a contract or the contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance of a written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.

Based on the breach of its duties, the court ruled that the Landlord could not collect damages for any unpaid rent after the Tenant vacated her apartment.

The court next considered the Owner's challenge to the jury verdict in favor of the Auction Company on the breach of fiduciary duty claims.

The appellate court remanded the case back to the trial court, however, for further proceedings on the breach of fiduciary duty claim.

The plaintiffs sought recovery based on breach of an alleged agency agreement, tortious interference with property rights, and quantum meruit.

ag.nd.gov In order to make a complaint on breach of contract by your employer, this PDF letter template will help you come up with the letter.

Your insurer may rely on your breach of the policy as a basis for denying the claim.

Most states require a victim to sue the uninsured motorist (or a fictitious John Doe hit and run driver when litigating the second category of uninsured motorist claim) for his injuries in order to prevail on a breach of contract action against the insurance carrier.

Northwestern Mutual Life Insurance Company has gone through two years of litigation and a two - week non-jury trail on a breach of contract matter, which found that the company breached contracts with thousands of policyholders,

The motion judge, who has case managed the action for several years, concluded that the limitation period statutes do not encompass an action based on breach of fiduciary duty where the act of professional practice or experimentation is torture.

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach.

Gained full defense verdict after four - day jury trial on breach of contract case brought by courier service against title company.

It is not based on a breach of duty of care by such authority, which once surmounted, is for the authority to justify.»

The foundation for the criminal charges against Barros rested on his breach of the classic informer privilege — a concept Barros would have been well familiar with from his time as a police officer.

Obtained a $ 17 million judgment on behalf of foreign real estate investors on breach of contract claims.

This prohibition on breach of confidence may be used to extend the privilege to communication with potential client to the extent such communication includes confidential information.

Most recently, in August of 2009, Mr. McErlean tried a case to a jury for a client who obtained a $ 2.2 million verdict in federal district court on a breach of motor carrier agreement and, in October 2009, tried a case for an oppressed minority shareholder client who after a bench trial obtained a $ 3.5 million judgment in a fair value proceeding.

About one third were from someone purporting to be Kiyoshi Yukio of NPI Lease Company Limited seeking help on a breach of lease matter.

We have several reports of someone purporting to be Jane Zhu of China Harbour Engineering Company Limited seeking help on a breach of lease matter.

Roughly half the frauds reported to us were from someone purporting to be Nan Zhang of NPI Lease Company Limited seeking help on a breach of lease matter.

Michael represents employers and a broad range of companies and organizations in various business disputes, including trade secret cases; non-compete issues; discrimination, harassment and retaliation; the Fair Labor Standards Act (FLSA); the Family and Medical Leave Act (FMLA); the Worker Adjustment and Retraining Notification Act (WARN); and other federal and state statutes, as well as claims based on breach of contract.

The Appellant does not appeal the smuggling conviction, but seeks to set aside the conviction for breach of trust and leave to appeal from sentences (three month imprisonment for the smuggling offences and one months» imprisonment, consecutive, on the breach of trust offence).

Trial judge grants defence application to exclude breath readings based on a breach of the accused's right to counsel.

Obtained $ 1.2 million judgment in favor of commercial landlord on breach of lease claims against a former tenant in Ohio state court.

On behalf of an individual defendant, he achieved a settlement in the amount of $ 26,000 on a breach of contact claim seeking damages in excess of $ 276,000;

Two Ontario lawyers have reported to us that they've been contacted by the purported Masatoshi Sugioka of Inpex Corporation with regards to retaining their services to collect on a breach of an IP agreement.

A major UK bank defending High Court proceedings based on breach of confidence.

Motion picture producer / lender's action for interim relief against foreign sales agent based on breach of contract and breach of fiduciary duty

After very careful and detailed analysis, Joseph Neuberger, was convinced that a significant portion of the information was inaccurate and as a result he drafted a very detailed application to cross-examine the Affiant on the Information to Obtain, in order to challenge the validity of the warrant and attempt to exclude all of the evidence on a breach of the client's Charter right to be free from unreasonable search and seizure.

The jury found against the plaintiff on the breach of contract claim and found for our client on its counterclaims for fraud and misrepresentation.

Obtained summary judgments for companies on breach of contract, misappropriation of trade secrets, tortious interference, premises liability, fraud, and unjust enrichment claims.

Unfortunately, when more than one state or country is involved in a transaction, issues concerning jurisdiction arise when claims are made based on a breach of contract or fraud.

Stasson v Paragon Michigan Court of Appeals Docket No 269997 (December 13, 2006)(granting motion to affirm trial court decision to grant summary disposition to client on breach of insurance contract claim)

She is co-author of the chapter on breach of duty in Kennedy and Grubb's Principles of Medical Law, and gives regular talks on current developments in the law.

Obtained summary judgment for business client, as plaintiff, on breach of commercial contract claim

Obtained a defense verdict on a breach of contract claim, and summary judgment on thirteen other counts in a case where the plaintiff sought $ 400 million.

Tennille v. Tennille, No. 99 - CV - 1001 & 00 - CV - 924 (District of Columbia Court of Appeals, February 14, 2002): The ex-husband appealed from the entry of default judgment on a breach of contract action where he agreed to pay his former wife a fixed percent of his income in lieu of alimony.

In a decision issued in October 2016 (Fournier c. R), the Superior Court of Québec established that, in certain circumstances, an accusation of manslaughter by means of an unlawful act under s. 222 (5) a) of the Criminal Code can be based on a breach of provincial health and safety legislation.

Foley Hoag LLP recently secured a victory on behalf of client Rhine - Tec GmbH (Rhine - Tec), following a jury trial on a breach of contract claim in Middlesex County Superior Court.

We obtained summary judgment in the U.S. District Court for the Eastern District of Pennsylvania where the court found in favor of the insurance carrier on a breach of contract and statutory bad faith claim filed by its insured.

Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting claims for damages based on breach of contract and breach of fiduciary duty against the seller of a Dominican company.

The law on breach of warranty has changed to make warranties suspensive conditions such that if a breach is remedied prior to loss, cover will remain in place.

Also, while the recent Khurshid decision did not prohibit a former employer from suing for money damages for violation of a non-compete, § 5-37-33 bars both equitable relief (i.e., a court order prohibiting the physician from working for a competitor) and money damages based on a breach of a non-compete agreement.

He also advises his clients on breach of contract, real estate disputes, business torts, breach of fiduciary duty and fraud claims, products liability, ERISA claims, enforcement of non-competes, and shareholder derivative suits.

If you sue on an engagement letter the big problem is you'll be suing on a breach of contact action which can take a long time.

The successful education claim marks the first occasion on which the English Courts have upheld a damages claim based on a breach of A2P1, after two Supreme Court judgments as a result of which such claims had failed (A v Head Teacher and Governors of Lord Grey School [2006] 2 AC 363 and A v Essex County Council (National Autistic Society intervening)[2011] AC 280; [2010] UKSC 33).

Interim injunctive relief was successfully obtained and the substantive claim was based on breach of confidence, conspiracy, breach of contract and breach of fiduciary duty.

Advising a digital communications agency on breach of confidentiality obligations owed by a current employee to a former employer.

Obtained summary judgment in client's favor on breach of contract claim involving a disputed loan between members of a family business.