Sentences with phrase «plaintiffs as a result of those claims»

While the Equal Employment Opportunity Commission has not seen a big jump in harassment claims, the amount paid by employers to plaintiffs as a result of those claims reached an all - time high of $ 54.6 million in 2000.

Not exact matches

The essence of the plaintiffs» claim was that Uber entered the Philadelphia taxi market without complying with existing municipal regulations, and that as a result, Uber obtained «a stronghold in the Philadelphia taxicab market.»

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

The 24 - page lawsuit was filed after the plaintiff claimed his dog, a 4 - year old Cocker Spaniel / Poodle mix, experienced kidney disease and ultimately kidney failure as a result of ingesting the Blue Buffalo dog food products as his primary source of food.

In one of the original climate lawsuits, filed in 2008 on behalf of the Alaskan village of Kivalina, the plaintiffs made the same claims as New York City, Oakland, and San Francisco — including the specific citation of «potentially irreversible» impacts and a «significant loss of life» as a result of climate change.

Leduc involved a personal injury case in which the plaintiff claimed damages for loss of enjoyment as a result of defendant's negligence.

The case presented the court with the opportunity to discuss whether the plaintiff's late - filed notice of expert testimony should be admitted, and if not, whether the plaintiff's claim must fail as a result.

The plaintiff Stephen Limoges claimed that he suffered significant pulmonary injuries as a result of inhaling the toxic fumes following a chemical spill.

As a result of this ruling, the plaintiff's claim will be permitted to proceed toward a trial, although the defense will have the opportunity to bolster their expert testimony with the results of the physical examination.

As a result of his fall, the plaintiff sustained serious injuries and filed a personal injury claim against the ski resort.

Expert evidence supporting his injury claim was ruled inadmissible at trial, and the judge concluded the plaintiff had suffered no physical injuries as a result of the crash.

The plaintiff argued that they suffered a series of serious physical injuries, and as a result they brought a claim for those physical injuries in addition to emotional distress, medical bills, and loss of income.

These exceptions are made in the case of contemporaneous medical records that, while subject to being attacked as unreliable by opposing litigants, can speak to pertinent facts for which no other evidence exists; for example, the notes of a chiropractor made during an appointment that occurred prior to a car accident that resulted in a personal injury claim, which shed light on the Plaintiff's condition before the accident when no other available evidence could.

Indeed, the notice never specified the pre-death injury that the plaintiff personally suffered as a result of the distribution of the photos and, accordingly, provided the city with insufficient notice of these claims to allow for pre-suit settlement.

The first surgeon then brought a motion for summary judgment on the basis that the plaintiff discovered her claim prior to January 1, 2004, and as a result, the one - year limitation period established in s. 89 (1) of the Health Professions Procedural Code, S.O. 1991 applied.

Governments have limited immunity to claims made by members of the public for damages suffered as a result of dangerous roads, but plaintiffs may be entitled to damages from a state or local government if certain requirements are met.

In order to recover damages in a negligence case, the person filing the claim (the plaintiff) must prove: 1) the defendant had a duty to act a certain way; 2) the defendant failed to act according to that duty; 3) the plaintiff was injured as a result; and 4) the plaintiff suffered losses and expenses due to that injury.Attorney J. Todd Tenge has been handling personal injury claims for Boulder, Denver, and Fort Collins residents for 20 years, and has a consistent track record of very successful outcomes.

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

Both the plaintiff's claims of resulting trust and constructive trust (unjust enrichment), were dismissed in Chambers v Chambers 2012 BCSC 88 The facts of Chambers were blogged yesterday, as was the younger brother's claim for an express trust, also dismissed.

Most recently in the 2015 decision Bansal v Maxsys Staffing and Consulting Inc. 4 the plaintiff, a dismissed recruitment agency account manager working as a dependent contractor, pled the following in support of his claim for punitive damages as a result of systemic wrongdoing:

The court largely rejected the Plaintiff's claim and found that the Plaintiff had pre-existing back pain which was exacerbated as a result of the collision.

The 72 year old living plaintiff claimed he developed lung cancer as a result of working with welding rods manufactured by Lincoln Electric Company, Hobart Brothers and Airco.

As a result, the Lipson Neilson defense counsel spontaneously argued that the legal malpractice claim was also barred under the the doctrine of in pari delicto — the wrongful conduct rule — because Plaintiff's criminal conduct in committing perjury at his plea hearing was the central cause of his incarceration and consequential damages.

On appeal, Ohio's First District Court of Appeals affirmed the trial court's decision, finding that as a result of pursuing her claim without disclosing the claim as an asset in bankruptcy, the Plaintiff was judicially estopped from pursuing the claim.

In addition, plaintiff claimed that Ms. Schwartz was exposed to asbestos as a result of her proximity to her father when he changed the brakes on the family vehicle.

[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.

As a result of his injuries, the plaintiff claimed he could no longer lift heavy objects, severely limiting his ability to perform his duties as an in - home, personal cheAs a result of his injuries, the plaintiff claimed he could no longer lift heavy objects, severely limiting his ability to perform his duties as an in - home, personal cheas an in - home, personal chef.

Courts require that the former employer prove four elements for a tortious interference claim: (1) existence of a business relationship; (2) knowledge of the relationship on the part of the defendant; (3) an intentional and unjustified interference with the relationship with the defendant; and (4) damages to the plaintiff as a result of breach of the relationship.

In one the first ICBC claims to head to trial under Rule 68 that I'm aware of reasons for judgment were released today awarding a Plaintiff over $ 180,000 in compensation including $ 75,000 for pain and suffering as a result of 2 motor vehicle accidents.

Reasons for judgement were released today by the BC Supreme Court (Rattenbury v. Samra) awarding a Plaintiff $ 30,000 in non-pecuniary damages as a result of an ICBC Injury Claim.

The plaintiff claimed that it had suffered prejudice as a result of a breach of natural justice because it was not given a copy of the notes of evidence of the substantive hearing.

To establish a private action claim under section 36 of the Act, a private plaintiff must show that a defendant contravened one of the criminal provisions of the Act (e.g., establish all of the elements of a criminal price - fixing conspiracy, criminal misleading advertising, etc.) or breached a Tribunal or court order under the Act and has suffered actual damage or loss as a result of the conduct.

The plaintiff claimed he developed malignant mesothelioma, a rare cancer of the lining of the lung, as a result of his exposure to asbestos over the course of his career.

In Colorado, car crash claims are covered by a different statute of limitations, which requires plaintiffs who suffered personal injury or property loss as the result of a car crash to file suits against the responsible parties within three years of the date of the crash.

To bring a claim of negligence in New Mexico, the plaintiff must be able to prove that he or she was injured by another individual who owed him or her a duty of care, that individual breached that duty, and as a result the plaintiff suffered injuries and damages.

In connection with that lawsuit, also defended the plaintiff companies in a third - party action which claimed in excess of $ 10 million as a result of the rupture.

Notwithstanding the foregoing, in the event that the originally scheduled trial date is continued for any reason, and upon motion of any party, the court after hearing shall require the tenant or occupant claiming under this section to deposit with the clerk of the court, the plaintiff's attorney, or other secure depository each month (or at such other intervals as the court deems just) the amounts due for use and occupancy, calculated according to the fair market value of the premises, which amounts shall be held in escrow pending final disposition, unless the court determines that such requirement would result in undue hardship to the tenant or occupant.

As a result, the plaintiff failed to offer evidence in support of the interference prong of its tortious interference claim sufficient to survive summary judgment.

The court also upheld the jury's $ 6M damage verdict in Meriturn against the plaintiff's claim that it was too low (the plaintiff sought over $ 23M,) While the plaintiff sought lost profits (profits lost as a result of the investment going bad due to the bad patent advice), those damages were foreclosed by the «new business» rule.

The Plaintiff claimed she was injured as a result of these crashes.

The claims compensate for the monetary, physical and mental losses incurred by the plaintiff as a result of the crash.

In the result, the Plaintiff's claim was dismissed as it was unable to persuade the court that, on a balance of probabilities, the cause of the disaster was defective bags.

While the jury was deliberating, the Defendants brought a «threshold motion» for a declaration that the Plaintiff's claim for general damages was barred on the basis that the Plaintiff had failed to establish that, as a result of the accident, he had sustained a permanent, serious impairment of an important physical, mental or psychological function.

The plaintiffs in Rea appear to have made no claims as to any diminution of share value resulting from the defendants» actions which could potentially ground an oppression action.

Insurance defense focuses on matters of protecting the rights of insurance companies in the defense of claims made by policyholders, typically as a result of a plaintiff filing a lawsuit against his or her insurance carrier after being denied an insurance claim.

The Court of Appeal endorsed the view expressed in some of the Ontario authorities that until the issue has been determined substantially, there is an argument to be made that a claim in waiver of tort may be established for the class as a whole by proof of wrongful conduct and resulting gain to the defendant without proof of any loss by the plaintiff.

Plaintiff may be exposed to liability as a result of the adverse claims of the defendants and desires to avoid any possibility of being found liable to either party for the said deposit.

«The plaintiffs have suffered economic loss as a result of the joint venture ceasing operations and Bell terminating its relationship with all of the plaintiffs, which was the consequence of TREB terminating the MLS system access of Moranis, Beach, Realtysellers and BNV to the MLS data... the plaintiffs suffered damages as a result of the tort of intentional interference with their economic relations that forced them out of the resale residential brokerage business,» says the new Statement of Claim.