Tomahawk v. Hess Corp., Wyoming 2015 — Obtained favorable jury verdict for Hess in Wyoming federal court
on claims for breach of contract and bad faith.
Mr. McConnell has also successfully tried cases including a complete defense verdict on behalf of a national retailer in a discrimination, harassment and retaliation case in Los Angeles Superior Court, a complete defense verdict on behalf of a contractor on a claim for unlawful retaliation in San Diego Superior Court, and a directed verdict in favor of a home builder
on claims for breach of contract and failure to pay wages.
Represented a consortium of American, Canadian, German, and Japanese companies in ICC Rules proceedings against Iran
on claims for breach of a contract for the construction of a nationwide telecommunications system.
Obtained decision from Sixth Circuit affirming judgment in favor of financial institution that was sued for more than $ 1 million
on claims for breach of contract, negligence, and fraud.
«If claimants assert that the usual limitation period
on claims for breach of contract should not apply then we could see new arguments relating to asbestos exposure start all over again in the lower courts,» he says.
Not exact matches
Free - spending French giants Paris Saint - Germain are set to face UEFA sanctions
for breaches of Financial Fair Play (FFP), according to a report by the Financial Times
on Wednesday that
claims PSG «overstated» sponsorship
contracts to the tune
of 200 million euros.
The unanimous decision, which marked the first time the high court had heard a case
on the subject, clears the way
for Laramie County School District No. 1 to pursue its $ 200,000 negligence and
breach -
of -
contract claim against the architects
of a school that began to crumble less than 10 years after it was built.
According to Serjeants Inn Chambers, the chambers
of counsel
for ARB, the case is the first wrongful birth
claim founded
on breach of contract rather than clinical negligence, and is a landmark case
on the duties owed by IVF clinics.
She has represented both plaintiffs and defendants in cases
on a wide variety
of claims, including
breach of contract, fraud, defamation, and civil liability
for cyberstalking.
Pursued
claims on behalf
of a metal fabrication and assembly services provider
for breach of contract.
However, where an employer prematurely
claims frustration
of the employment
contract and terminates the employment relationship
on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages
for a
breach of the Code.
The Community Legal Assistance Society, its funders, its authors, its contributors, its editors, and the distributors
of this website are not responsible
for ensuring this website is up - to - date, ensuring the completeness or accuracy
of the information contained in this website, or any form
of damages or monetary loss caused by or attributed to the use
of this website, including but not limited to
claims based
on negligence or
breach of contract.
Defending technology company and its board
of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging
claims for breach of fiduciary duty,
breach of contract, and rescission; prosecuting action in NJ federal court
on behalf
of executive terminated in
breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging
breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification
of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.
Claims for conspiracy,
breach of contract and fiduciary duty and damages
of # 2.5 m. Although the individual was found to have
breached his
contract, he was not ordered to pay any damages to the claimants and he succeeded
on his counterclaim
for an unpaid bonus and indemnity costs.
Issues concerning a
claim for damages
for breaches of contract governed by UAE law and based
on various articles
of UAE Civil Code (Civil Transactions Law (Federal Law No. 5
of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Law.
What is also unique about this case is that the person identified as the RateMDs poster was involved in different lawsuit
on the other side
of Dr. Foda in Foda v. Capital Health Region, [2007] A.J. No. 22; 2007 ABQB 19, where he was making a
claim for breach of contract, conspiracy, harassment, defamation, and direct interference with economic relations.
«
On appeal, the Ninth Circuit originally split the baby, holding for the studio on the copyright violation, but holding for Grosso on his state law claim of breach of implied contrac
On appeal, the Ninth Circuit originally split the baby, holding
for the studio
on the copyright violation, but holding for Grosso on his state law claim of breach of implied contrac
on the copyright violation, but holding
for Grosso
on his state law claim of breach of implied contrac
on his state law
claim of breach of implied
contract.
On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLS
On a final note, the court ruled that the plaintiff's state law
claims for, inter alia,
breach of contract, unjust enrichment, and conversion also failed because those
claims depended
on an initial finding that the tip money used for other purposes was the property of the employees under the FLS
on an initial finding that the tip money used
for other purposes was the property
of the employees under the FLSA.
She has experience advising
on professional negligence
claims,
breach of contract disputes, shareholder disputes, debt recovery
claims and
claims for urgent injunctions.
Settlement, $ 1.53 Million
Breach of contract claim against insurance company
for failure to make payment
on Commercial Crime Policy.
TO WAIVE ANY AND ALL
CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability
for any loss, damage, expense or injury, including death, that I may suffer or that my next
of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
of kin may suffer, as a result
of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE,
BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF CONTRACT, OR
BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF ANY STATUTORY OR OTHER DUTY
OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF CARE, INCLUDING ANY DUTY
OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337
ON THE PART
OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE
ON THE PART
OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS
OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOV
OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.
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.
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.
Trial counsel
for T - Mobile USA in a three - week jury trial in Seattle, winning verdicts
on misappropriation
of trade secrets and
breach of contract claims against Huawei.
On the plaintiff side, we represent employers bringing
claims for all types
of breaches of employment
contracts, including violations
of noncompete agreements, nonsolicitation agreements and relocation agreements.
Commercial Litigation — Lead attorney in international fraud and
breach of contract action resolved in client's favor
on summary judgment including recovery
of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-
claims for commercial torts; Second chair
for seven day jury trial involving
claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel
on behalf
of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.
If Fastcase were allowed to amend its complaint to state a
claim based
on the period after April 7, Casemaker would respond with a
claim for breach of contract that would not be preempted by the Copyright Act, along with a
claim for copyright infringement, depending
on whether Fastcase copied any Casemaker materials.
Tort
Claim: a claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabi
Claim: a
claim for damages based on a wrongful act, other than a breach of contract, that injures another and for which the law imposes civil liabi
claim for damages based
on a wrongful act, other than a
breach of contract, that injures another and
for which the law imposes civil liability.
Julie focuses
on employment litigation, and regularly defends employers in judicial, arbitration, and administrative proceedings involving
claims for discrimination, harassment, wrongful termination, retaliation (including Sarbanes - Oxley whistleblower
claims), defamation, invasion
of privacy, violation
of federal and state leave laws, and
breach of contract.
Hawkins v Atex Group Limited Acting
for the former CEO
of a digital media company
on both an unfair prejudice petition and
claims against him
for breach of fiduciary duty and
breach of his
contract of employment (with David Chivers QC).
Obtained summary judgment
for business client, as plaintiff,
on breach of commercial
contract claim
Secured dismissal
of action alleging
breaches of fiduciary duties, conversion, fraud, tortious interference with expectancy, accounting,
breach of contract, money had and received, and conspiracy in the U.S. District Court
for the Central District
of California
on a Motion to Dismiss
for Lack
of Personal Jurisdiction and Failure to State a
Claim;
Representing PepsiCo, Inc. and Bottling Group, LLC in the United States District Court
for the Southern District
of Iowa, in litigation alleging
claims under the Sherman Antitrust Act, the Robinson Patman Act, the Lanham Act and Iowa competition law, and
for tortious interference,
breach of fiduciary duty, business defamation and,
on behalf
of a putative class,
breach of contract.
Prevailed in a trial in the U.S. District Court
for the Eastern District
of New York
on behalf
of a company that provides licensure and educational services to financial institutions against allegations, including
breach of contract,
breach of fiduciary and equitable
claims, initiated by a sales and marketing company after termination
of the relationship
for poor performance
For example, if your company's employee handbook states that employees who are terminated will receive severance according to a formula based
on the employee's years
of service, and your company does not pay you the correct amount
of severance, our employment attorneys may be able to file a
breach of contract claim on your behalf seeking the unpaid compensation.
Obtained summary judgments
for companies
on breach of contract, misappropriation
of trade secrets, tortious interference, premises liability, fraud, and unjust enrichment
claims.
Superyacht — build dispute (2013 - 2015): instructed
on behalf
of shipyard in multi-million Euro arbitration dispute and Commercial Court appeal defending
claims for liquidated damages and advancing
claims for damages
for additional build costs,
breach of terms
of build
contract including terms relating to advertising and promotional activities and late payment
of instalments etc..
Any dispute between us relating to our representation
of you, including, without limitation,
claims for breach of contract, professional negligence,
breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and / or costs charged shall be submitted to binding arbitration through the Cincinnati Bar Association, upon the written request
of one party after the service
of that request
on the other party.
The jury found against the plaintiff
on the
breach of contract claim and found
for our client
on its counterclaims
for fraud and misrepresentation.
4 Mar. 28, 2018)(unpublished), respondents filed cross-claims
for breach of contract, indemnity, and fraud against appellants, with respondents winning
on their cross-claims except
for the fraud
claim to the extent
of $ 1,311,772.
Court
of Appeal affirmed the dismissal
of a national class action
on demurrer, holding that the plaintiffs could not state a
claim for breach of contract for insurer not following purported «national» automotive repair «standards.»
(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment
on claims by insurers against assured
for breach of a settlement agreement and
of jurisdiction agreements in the settlement and in the underlying policy
of insurance — constitution
of a fund from which to indemnify insurers against future loss and damage resulting from continuation
of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal
of discretionary stay in favour
of Greek court under Article 28 where stay would condone
breach of contract.
Achieved a directed verdict
on a US$ 1.5 million
breach of contract claim in the United States District Court
for the Northern District
of Ohio and successfully defended the verdict
on appeal to the United States Court
of Appeals
for the Sixth Circuit.
In Archon Construction Co. v. U.S. Shelter, L.L.C., 2017 IL App (1st) 153409, the Illinois Appellate Court held that a contractor could not recover
on a quantum meruit
claim for extra work even though the contractor did not recover
for the extras in a
breach of contract action.
Allen's representative work includes the successful defense
of a multi-million dollar insurance coverage and rescission suit by Lloyd's
of London; dismissal
of a six - figure
claim for retroactive premiums against the St. John Community Development Center; summary judgments (affirmed
on appeal) against Essex Insurance Company and Liberty Mutual Fire Insurance Company
for breach of their respective insurance
contracts; trial verdicts against Allstate Fire and Casualty Insurance Company and Liberty Mutual
for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes
of all types (including residential and commercial property, commercial general liability, auto liability, errors and omissions, negligent procurement, and insurer bad faith).
Wedlake Bell LLP,
on behalf
of Orientfield Holdings Limited, took
on a
claim in 2012 against Bird & Bird LLP
for damages as a result
of breach of contract and negligence.
Damages
for wrongful dismissal are not payable in priority to other expenses pursuant to the Insolvency Act 1986, Sch B1, para 99 (4) to (6), since a payment in respect
of the period after the date
of termination
of employment can not amount to «wages» but rather is a payment by the employer
on account
of the employee's
claim for damages
for breach of contract.
Examples
of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability
of non-employer
for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(
claims arising from alleged
breaches of restrictive covenants in employment
contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a
claim alleging that a public official had committed the tort
of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner
of Police
for the Metropolis [20011] EWHC 1246 (QB)(
claims by young foreign females that they had been trafficked into the UK by foreign nationals
for the purpose
of slavery and that officers
of the Metropolitan Police Force
breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable
of South Wales Police [2016] EWHC 1367 (QB)(
claims by retired and serving police officers
for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an investigation by officers
of that force into alleged criminal conduct
on the part
of the claimants during the course
of an investigation into a notorious murder in South Wales.
He also specialises in employment law, acting
for both employers and employees and has extensive experience in contentious and non-contentious matters, including advising
on restrictive covenants and their enforcement, business transfers and their consequences in terms
of employment and handling
claims for breach of contract.
Taking just the example
of contract law, this is highly complex and you may not have the right to cancel a
contract and
claim all your money back or additional damages just because the other party
breached the
contract (see our page
on remedies
for breach of contract).