Sentences with phrase «plaintiff claims submitted»

He also points out that at least 60 percent of plaintiff claims submitted to both the victim compensation fund and the settlement program were denied.

Not exact matches

Gothard concluded his affidavit by stating that «after following Matthew 18:15 — 17, any unresolved claims between the plaintiffs, the IBLP board, and me should be submitted to binding Christian mediation and resolution.»

[71] Plaintiff's counsel submits also that in this case, the defendant denied liability for the accident in the Response to Civil Claim.

For her part, the Plaintiff submitted that she had brought her claim in good faith but had not been successful in persuading the court of the merits of her claim.

[25] The Bank submitted the one must assess the legal tenability of the plaintiffs» negligence claims through the lens of the two - stage analysis re-affirmed by the Supreme Court of Canada in Cooper v. Hobart [9] for determining the existence of a duty of care in negligence.

First, given the undisputed background law that defendant could not lawfully have changed its warnings except by simultaneously submitting a CBE application, the essential gravamen of the plaintiff's claim is that the defendant should have submitted such an application and, necessarily, that the FDA ultimately would have approved it.

After proving causation, the plaintiff will need to submit evidence to support the amount of damages that they claim to have sustained.

If the settling defendant is based in a different jurisdiction than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the courts in San Francisco shall have exclusive jurisdiction over any disputes arising from the breach of the settlement agreement, and the counterparty submits to the personal jurisdiction of such courts).

However, even if the plaintiffs had submitted the required demand letters, their CPA claims would still be barred under the four - year statute of limitations for CPA claims.

Regarding the unit owners» Chapter 21E, Section 5 property damage claims, the SJC ruled that the plaintiffs» claims were not time barred because they could not have known that they sustained permanent property damage until the Massachusetts Contingency Plan (MCP) mandated Phase II / III environmental report was submitted to MassDEP by the city in June of 2012.

The nursing home defended against the claim, arguing that it should have been submitted to arbitration and pointing to the arbitration agreement the plaintiff signed on his father's behalf.

Citing extensively to the evidence submitted and legal arguments developed in LTL's briefs, the Court found that LTL's client has correctly interpreted the policy at issue and appropriately handled the claim submitted by the plaintiff.

[106] The plaintiffs submit that provincial limitations legislation can not apply so as to negatively affect possession of reserve lands or damages claimed as a result of interference with possession.

SCCJC legislation would require claimants, during discovery in state asbestos tort actions involving a solvent defendant, to disclose asbestos trust claims that have been submitted or could be submitted on behalf of a plaintiff to an asbestos trust entity established by a U.S. Bankruptcy Court.

If you have not submitted a claim and you believe you are a member of the Plaintiff Class, you should act now.

A pro se plaintiff has failed to exhaust her administrative remedies under the Federal Tort Claims Act and a Richmond U.S. District Court dismisses her claim alleging a physician employed by the McGuire Veterans Administration Medical Center submitted a release...

[41] The plaintiff, in reply, submits that he understood that any settlement offers made by the defendant were full settlements of both the tort claim and Part 7 claims against ICBC, and that at no time did defence counsel convey that Part 7 benefits would still be available in the event that the Defendant's Offer was accepted.

On or about May 1, 2008 the plaintiff submitted a claim for long - term disability («LTD») benefits in which she stated that she had been totally disabled since October 22, 2007.

[40] The defendant submits that the Defendant's Offer was only with respect to the plaintiff's tort claim and that acceptance of the offer would have allowed the plaintiff to collect Part 7 ICBC benefits.

Both sides made further submissions, but on return, Perell found the evidence submitted by the plaintiffs established some basis in fact for common issues for the claim.

Although a British Columbia court has territorial jurisdiction by virtue of the fact that the company is «ordinarily resident» in the province... Nevsun submits that British Columbia is not the most appropriate forum for the determination of the plaintiffs» claims and that the forum conveniens would be an Eritrean court or other tribunal,» said the ruling.