Sentences with phrase «plaintiff alleges claims»

Does South Carolina's public policy bar impaired drivers from recovering damages in a crashworthiness case when the plaintiff alleges claims of strict liability and breach of warranty?

The plaintiff alleged claims of legal malpractice, fraud, suppression and misrepresentation against her client, the landowner defendan...

Not exact matches

A woman named Colleen Gallagher, represented by the same law firm, is also a plaintiff in a 2014 lawsuit in the same court alleging that Bayer AG's claims about the health benefits of its One A Day multivitamins misled consumers.

The Third Circuit upheld the trial court's ruling that plaintiffs failed to state a monopolization claim because they failed to allege a harm to the competitive process, as opposed to individual competitors.

The court dismissed all of the plaintiff's claims that were based on alleged statements and / or omissions made between August 19, 2011 and May 22, 2012.

In the single most egregious case of alleged fraud, BP sued Mikal Watts in December 2013, alleging that the powerful San Antonio plaintiffs» attorney falsely claimed to represent tens of thousands of «phantom» victims of the -LSB-...]

Similarly, in McMahon v. Bumble Bee Foods LLC, the plaintiff brought a state law claim under the Illinois Food, Drug and Cosmetic Act (IFDCA) for alleged violations of FDA regulations.

The plaintiff alleged that the defendant misled consumers by claiming the product contained «No Trans Fat» on its packaging, when in fact Benecol does contain trans fat.

Because the nutrient content claim was alleged to be misleading under FDA regulations, plaintiff's state law claim that Benecol's packaging misled consumers was allowed to proceed.

«Plaintiffs don't allege that PFOA caused any physical or structural damage to their wells, pipes, taps or showerheads and because they failed to plead any physical injury to their property, they can not state a claim under New York law,» Elissa J. Preheim, an attorney for Honeywell, said in the recent hearing.

«The inquiry into the allegations that Silver turned a blind eye to many instances of sexual misconduct in the Assembly will necessarily include a parade of plaintiffs» witnesses telling their stories of violation, and even more defense witnesses responding to those claims (potentially including an alleged rapist and convicted sex offender).

The opinion held that under the Fair Housing Act, plaintiffs can bring «disparate impact» claims of discrimination even when the alleged discrimination is unintentional (see «Disparate Impact Indeed,» legal beat, Fall 2015).

The plaintiffs claim the alleged defects cause premature wear to the transmission clutch plates and other components, causing early transmission failure and expensive repairs.

Finally, the suit also claims that «various persons, who are known and unknown to Plaintiff, and not named as defendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiracy.»

Plaintiffs allege that ExxonMobil hired these troops knowing they would likely engage in massive human rights violations against the local population, and that all of the claims date from 2001, well after ExxonMobil had specific knowledge of massive human rights violations and could have changed their practices.

The plaintiffs assert claims for nuisance, and allege that the defendants have acted in concert and are jointly and severally liable for the plaintiffs» damages.

The firm argued that a claim could not be brought under the Act as it defines a whistleblower as someone who reports alleged misconduct to the SEC, while the plaintiff brought an internal complaint.

Today's ruling holds that plaintiff's complaint can be understood to allege a claim for promissory estoppel and that the Communications Decency Act would not necessarily preclude that claim.

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.

After receiving the defendants» productions, the plaintiffs» allegedly discovered that their signatures were forged on a number of leasing documents, and commenced a fresh action claiming damages arising from the alleged fraud.

Here, the plaintiffs alleged that Sears was trying to delay the case, so that Case Management was necessary to keep the claims moving.

The Statement of Claim filed by the proposed representative Plaintiff alleges, among other things, that Goodlife violated employment standards legislation and its contracts of employment with Class Members by requiring, permitting and / or suffering Class Members to work hours above those scheduled, including hours both above and below the overtime threshold, but failing to appropriately compensate Class Members as required for all hours worked.

In 2015, I was involved in a Small Claims matter where the plaintiff alleged that she was wrongfully dismissed.

Founding partner Henry Fenton successfully defended a psychoanalyst against claims made by a plaintiff alleging the psychoanalyst violated the California...

In Perry, Executrix of the Estate of Margaret Hall v. Marshall, Unreported, Vancouver Registry A992882, January 29, 2001, Mr. Justice E.R.A. Edwards dismissed the plaintiff's claim involving an alleged inter vivos transaction, and awarded the defendant costs on scale 3.

However, on appeal, the court refused to consider the plaintiff's claims because he did not present the lower court with the opportunity to correct the alleged errors.

The plaintiff brought negligence claims for her alleged slip - and - fall in a puddle of rainwater.

To the extent that Plaintiff bases Counts 1, 2, and 4 on the alleged incidents in August 2009 and September 2009, his claims are time - barred.

Thus, the one - and two - year statutes of limitations on Plaintiff's claims, which are based on Defendant's alleged failures to promote him, began to run in August 2009 when Defendant denied Plaintiff the promotion in the Madison, Wisconsin location.

Settling (while class certification and summary judgment motions were pending) a statewide putative class action filed in San Mateo Superior Court for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, noncompliant meal and rest periods, untimely payment of final wages, noncompliant itemized wage statements, unpaid / forfeited vacation, and violation of PAGA) against a pharmaceutical supply company's call center;

The Claim arises from alleged experiences the Plaintiff had during an 18 month stay at the Hope Shelter, an

And even if they had pleaded viable legal theories — which they have not — plaintiffs do not approach alleging their fraud - based claims with the particularity the rules require...

Representing a variety of clients against single - plaintiff claims alleging injury from exposure to various chemicals, including silica dust, pesticides, PAHs, isocyanates, and other industrial chemicals.

In a toxic tort claim, plaintiffs allege that exposure to a dangerous substance resulted in their illness or injury.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

The plaintiff's claim alleged that the defendants breached their duty to the plaintiff to provide a safe school environment by failing to properly monitor and control the vehicular and foot traffic of students coming to and from the school.

The answer also sets forth any specific defenses that the defendant is alleging to the claims made by the plaintiff.

The plaintiff, a Royal Canadian Mounted Police member since 1998, brought a civil claim alleging that his superiors harassed him and bullied him.

The case dealt with a nuisance claim that involved emissions from steel production that, plaintiffs alleged, interfered with their property rights «and the integrity of their persons.»

Plaintiff alleges the entire case need not be disclosed in the statement of claim nor has the Plaintiff seen evidence of this being the case when filing one.

Represented Plaintiff in claim brought in the U.S. District Court for the Northern District of Illinois alleging that the Defendants» receipt of notices of intent to revoke permits from state regulators with respect to its licenses to operate three assisted living facilities in Georgia and Alabama violated a lease agreement with Plaintiff.

Whether the alleged exposure involves air, water, soil or groundwater, when a plaintiff or group of plaintiffs brings an environmental exposure claim, an experienced California toxic lawyer at our firm will launch a thorough investigation to determine whether an exposure actually occurred and, if so, the extent to which the exposure may have caused the illness or other harms alleged by the plaintiffs.

HARTFORD, CT --(November 29, 2010)- In a federal § 1983 claim alleging violations of the plaintiff's Fourth Amendment rights against unreasonable searches and seizures, Catherine S. Nietzel recently obtained a defendants» verdict for two Fairfield County policeman accused of excessive force and malicious prosecution.

The third party claim had alleged that the plaintiff's lawyer had given the plaintiff bad advice on the mitigation of her damages.

«In short, the plaintiffs have failed — both as a matter of statutory interpretation and as a matter of facts alleged — to state a claim that the [FHFA] acted outside its authority as a conservator and thereby lost the protection of section 4617 (f),» according to the appellate panel.

This case deals solely with the plaintiff's claim against the museum, alleging that the museum was vicariously liable for the driver's actions.

All of the alleged misconduct had occurred more than four years before the plaintiffs had filed their complaint, the court determined, and the plaintiffs failed to show that the four - year limitations period for RICO claims should be tolled.

«Contrary to what the defendant alleges, it is the defendant who needlessly lengthened the trial by disputing every claim of the plaintiff and pleading a number of untenable defences and then abandoning them in the course of the trial,» he wrote.

In a motion filed July 30, 2010 seeking sanctions and the termination of the alleged toe - tapper's pro hac vice status, plaintiffs claim that on July 12 their counsel, Juan Carlos Antorcha, was conducting a deposition by telephone that was attended in person by a paralegal working for plaintiffs» counsel.

The Claim arises from alleged experiences the Plaintiff had during an 18 month stay at the Hope Shelter, an emergency hostel for the homeless operated by the Salvation Army and funded by the City.