Sentences with phrase «other statutory claims»

Mediated consumer class actions involving false advertising claims, RESPA, TCPA, Privacy, and other statutory claims

Not exact matches

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

I confirm that no part of the Content violates or will violate, or will infringe, any trademark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, music, dramatic, personal, private, civil, property, privacy or publicity right or «moral rights of authors» or any other right of any person or entity, and shall not give rise to a claim of slander or libel.

In a judgment dismissing the claim, Justice Rilwan Aikawa held that following the decision of the Supreme Court in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate allegations of corrupt practices made against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its duties.

During the heated and often angry debate in Commons committee, Smith claimed the government had consulted the Electoral Commission, fulfilled its statutory obligations and insisted there was «widespread support» among parties in Northern Ireland for no backdating of transparency other than from July 2017.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

The news comes as the NAHT and other teachers» unions have called on the government to make PSHE a statutory part of the curriculum, to protect teachers from claims they are following a personal agenda.

This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law.

In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.

Pursuant to the Plan, the Company is also authorized to dispose of its remaining non-cash assets, on such terms and at such prices as the Company's board of directors, without further shareholder approval, may determine to be in the best interests of the Company and its shareholders, to pay or make reasonable provision to pay all claims against and obligations of the Company, to make such provisions as will be reasonably likely to be sufficient to provide compensation for any claim against the Company which is the subject of a pending action, suit or proceeding to which the Company is a party, to distribute on a pro rata basis to the shareholders of the Company the remaining assets of the Company, and, subject to statutory limitations, to take all other actions necessary to wind up and liquidate the Company's business and affairs.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

Ms. Michaud's litigation and arbitration practice primarily includes cross-border contract and business torts disputes, consumer class actions (state and federal statutory violations and data privacy concerns), intellectual property disputes, trade secret misappropriation, competition, as well as other statutory and common law claims.

Just because the employer was permitted to limit his notice entitlement to no more than statutory minimums did not, by itself, vitiate any possible claim to other forms of damage.

For instance, within the context of a motor vehicle collision, any such contractual term establishing a subrogation claim would be contradicted and overruled by the specific provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way around.

Our financial services litigators handle financial services class actions in federal and state courts; bad faith litigation; interpleader cases; trust litigation, escrow arrangements and garnishments; general contract disputes and alleged statutory violations; loan modifications, bad loans and other matters arising from lender - borrower relationships; bankruptcy litigation, including preference and fraudulent conveyance claims; and management of electronic data discovery in large, complex cases.

It is remedial because it is intended not only to compel compliance by insurers with an important statutory purpose, but also to provide a remedy to the other party who was deprived of the opportunity for an early settlement of the claim.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Presentation of oral argument to the Connecticut Supreme Court on behalf of a bridge contractor concerning the scope of a statutory waiver of the state's sovereign immunity for disputed claims under contracts with the state for the design, construction, construction management, repair, or alteration of any highway, bridge, building or other public works of the state.

He has experience litigating claims against healthcare providers under the Racketeer Influenced and Corrupt Organizations Act (RICO) and various other statutory and common - law causes of action.

The Donovan Commission in 1968 wanted tribunals to deal with «all disputes arising between employers and employees from their contracts of employment or from any statutory claims they may have against each other».

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 ABOVE.

The public trust doctrine has not been widely discussed in Canadian case law with the only significant mention being by the Supreme Court of Canada in British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38 at para. 74 where Binnie J. acknowledged that «The notion that there are public rights in the environment that reside in the Crown has deep roots in the common law» (however, the majority decision ultimately took a conservative approach to not allow the Crown to succeed in a general claim for damages for «environmental loss» [caused by a negligently undetected controlled burn of slashing and other waste by a logging company] in the absence of a statutory scheme permitting such a claim).

Property issues and disputes of all types, including: contracts for the acquisition, development and management of land; options and conditional contracts; overage claims; project management and similar contracts; mortgages and other security arrangements, including enforcement disputes; planning and other statutory issues connected with property contracts; leases of all types; landlord and tenant disputes (particularly commercial — including retail, leisure and distribution — and residential); rent reviews; leasehold enfranchisement; rights over land (including easements, covenants and rights of light); trespass and nuisance claims; disputed asset disposals; estate agency; property - related competition law issues; and commons and village greens.

Defense of professionals such as attorneys, officers and directors of public and private companies in class actions alleging fraud, RICO and other statutory and common law claims

In addition, you may be able to claim for your notice period and your loss of statutory rights, amongst other heads of claims.

Insurance companies are required to settle claims quickly and efficiently, paying all of your covered losses under your life, homeowners, flood, hurricane, or other insurance policy according to statutory guidelines.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

It is difficult to see this as anything other than a drafting error, since part of the purpose of the new statutory regime was to do away with the oddity of having a specialist competition tribunal unable to hear such claims.

When calculating the 28 days which must elapse under the statutory grievance procedure between submitting a grievance and making a tribunal claim, 28 clear days must elapse between the date of the grievance and the date of submission: «if you put a grievance in on a Monday you must wait until the Tuesday four weeks later — in other words, 28 days plus a day — before presenting a claim».

At the other extreme, it appears that in a case to which a statutory limitation period does apply the defence of laches can not succeed where there has been mere and even lengthy delay but the claim is still brought within the statutory period (see P&O Nedlloyd at para 61 and Halsbury's Laws of England, 4th ed vol 16 (2) at 910).

The explanation may be that, unlike other types of employment claim which are purely statutory and can only be brought in employment tribunals, breach of contract claims can be brought in tribunals or the civil courts.

The Commission seeks leave to submit that the provisions of the NTA which affect the concept (itself not statutory) of abandonment, the concept of traditional laws and customs, the requisite connection with the claimed land or waters, the burden of proof in relation to cessation, and the role of oral testimony in native title claims, amongst others sub-sec 223 (1), must be construed consistently with human rights standards relating to equality before the law [1], the rights of indigenous minorities to practise and revitalise their culture [2], and freedom of religion [3].