Sentences with phrase «party claims asserting»

Plan sponsors using our Fiduciary Investment Services can expect protection from liability arising from third - party claims asserting a failure to exercise the appropriate standard of care under the Employee Retirement Income Security Act of 1974, as amended (ERISA), with respect to the selection and monitoring of the plan's investment lineup.

Not exact matches

«It is hereby stipulated and agreed, by and among Benchmark, Kalanick and Uber, through their undersigned counsel,» wrote Delaware Court of Chancery Judge Sam Glasscock III in his order, «that this Action and the claims asserted therein are dismissed with prejudice, and that each party shall bear its or his own costs, fees and expenses.»

Class Attendees: By enrolling in these classes, you hereby: (1) give consent for Positive Discipline of Connecticut, Inc. to use your photograph or image in its print, online and video publications; (2) release Positive Discipline of Connecticut, Inc., its employees and any outside third parties from all liabilities or claims that you might assert in connection with the above - described uses; and (3) waive any right to inspect, approve or receive compensation for any materials or communications, including photographs, videotapes, website images or written materials, incorporating photos / images of you.

Then Corbyn considered imposing a three line whip, realised that if he did all hell would break loose, granted a free vote but asserted his position by consulting party members and claiming their response showed they backed his position.

But Solomon Nkansah refuted these claims in a Citi News interview where he asserted that the party was only following a plan of activities.

Upon receipt of an arbitration claim, OkCupid may assert any counterclaims it may have against the complaining party.

If a third party asserts that you did not have all rights required to make your eBook available on NOOK Press, or if we believe that you may be in breach of your representations and warranties in this Agreement, we will be entitled to hold all Royalties due until we determine that the validity of the third party claim, that you were not in breach or have fully remedied your breach, as applicable.

Additionally, «we» or «us» shall mean any third party providing benefits, services, or products in connection with the Account (including but not limited to credit reporting agencies, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.

YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST PreFlight OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE.

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.

For a strict liability claim, you are asserting that the other party is liable for your injuries because they are responsible for the defect.

Our firm successfully guides clients through these complex employment matters, and we also defend clients against claims asserted by third parties (regarding negligent hiring, supervision and retention, etc.) and employees (discrimination, harassment and breach of contract, etc.).

This case limits the claims that can be asserted against environmental engineers by third parties.

In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and...

In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides» arbitration fees and may order the losing party to pay the winning party's reasonable attorneys» fees, unless such an award of fees is prohibited by applicable law.

Dana Watts provides vigorous representation for parties who are defending against a breach of contract lawsuit or asserting a claim for damages.

Negotiated a favorable resolution on behalf of a developer of a multi-million dollar mixed - use condominium, both as the defendant against claims of significant construction defects, and as the plaintiff in a third - party complaint asserting indemnification and contribution claims against subcontractor defendants.

The party who brings a product liability claim, that is a lawsuit asserting that the vehicle or a part of the vehicle was designed or manufactured with defects that caused the injuries or death must be able to prove to a preponderance of the evidence that more probably true than not the cause of such injuries or death was the fault of that manufacturer and distributor.

A decision held in 2004 held that a Jones Act seaman who brings a claim against a non-employer or third party, might assert a claim for punitive damages.

When the number of potentially asserted claims is large, * tracking the subtle differences between those claims, how they apply to a different features of a party's products or services, and how -LSB-...]

In an equipment accident case, a third - party action would likely come in the form of a product liability lawsuit asserting a claim of a defective or unreasonably dangerous product.

The issue is more complicated when a party asserts that an arbitration agreement in one contract extends to claims arising from a different contract between the same parties.

Often the problem can be solved simply be approaching the responsible party and advising him the claim is going to be asserted against the insurance company.

In contrast, the interpretation urged upon us by the appellant would result in the parties being effectively treated as legal strangers under the legislation and would force them to assert their economic claims through more limited and less predictable means, such as trust claims.

In the class action suit, Christy is asserting claims against the U.S. government founded upon the breach of express or implied contract claims to which the U.S. is a party,

All parties agree that, at least as a matter of political morality, it is wrong for people to be prevented from defending or asserting their legal claims by government - imposed fees.

No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

In this case, subsidiaries of hedge fund Highland Capital Management LP asserted claims for breach of a tolling agreement entered into with Credit Suisse that paused certain aspects of a dispute between the parties over Credit Suisse's marketing of real estate loans.

Furthermore, where a party asserts litigation privilege over documents with dual or multiple purposes, they must take great care to establish that the litigation is the dominant purpose in any evidence they provide in support of their claims.

Lawyers who run into limitation period problems while settlement discussions were taking place sometimes ask whether they can attack the limitation period defence on the basis that the opposing parties were not prejudiced by the delay in commencing litigation (since the opposing parties were always aware that a claim was being asserted).

The only remedy to redress the wrong of the abuse of process is to stay the claim asserted by the defaulting, non-disclosing party.

To the contrary, the defendants were the ones who invited the Estate to assert its claim in 2016, and who initiated the motion to add the Estate as a party to the action when the respondents would not consent to add the Estate.

You agree to indemnify, defend and hold How - To Geek and its respective officers, directors, employees, members or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable attorneys» fees and disbursements, made by any third party in connection with or arising out of your use of the Services, your connection to the Services, your violation of the Terms or How - To Geek Privacy Policy, your violation of an applicable law, your submission, posting, transmission of User Content to the Services, and / or your violation of any rights of another we reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

Customer acknowledges and agrees that: (a) AT&T shall have no obligation whatsoever to determine the facts or circumstances pertaining to any transfer of ownership for any vehicle; (b) AT&T may reasonably rely upon the request of a third party or the manufacturer of a vehicle as a basis to terminate service for that vehicle; and (c) Customer shall hold harmless, and not assert any claims against, AT&T regarding any conveyance of any vehicle to which service is provided.

Basically, this means that any party asserting a patent has to be very clear about a few things: what patents and claims are being infringed; what processes or machines are infringing such claims; how the infringement is happening; and any previous complaint that has been filed about the asserted patents.

The parties will consider what areas of the claim will not be considered (that is, over which the Noongar peoples» rights have effectively been extinguished) and negotiate the six underlying regional claims asserted by the small distinct groups that form the single Noongar population.

IDAPT shall also indemnify and hold harmless the Association for Play Therapy (APT) and its officers, directors, members, employees, and other agents from and against all claims, demands, and liabilities (including reasonable attorneys» fees and costs) asserted by third parties arising from the indemnifying party's performance within and outside of its Branch Charter Agreement.

A central question in these cases is whether the third party owed a duty to the party asserting a claim.