It's a basic but important point that the conspiracy provision of the Competition Act (s. 45) allows both Competition Bureau criminal enforcement and
private damages actions or class actions.
In addition to
private damages actions, private parties also have a limited right of «private access» under the Act to the federal Competition Tribunal.
Calunius» Christian Stuerwald participated in a panel discussion at the recent International In - House Counsel Journal conference on «
Private Damages Actions and Collective Redress» in the context of the New Private Actions Regime from the Perspective of a Class Representative.
Nor can companies consider themselves immune from the possibility of third party
private damages actions.
Violators face heavy sanctions, including fines up to $ 10 million, and
private damages actions.
Violators of CASL's provisions face heavy sanctions, including fines of up to $ 10 million, and, starting in 2017,
private damages actions.
Those cases include decisions addressing the jurisdiction of the SEC, the CFTC and bank regulators over newly created derivatives and other financial instruments; the scope of the definition of a «security»; the availability of
private damage actions; extraterritorial application of U.S. securities and futures laws; the standards of liability for fraud and manipulation; electronic trading markets; and the scope of fiduciary obligations of brokerage firms and banks.
Emerald brought
a private damages action in the High Court alleging that a cartel relating to air freight prices, of which BA and other airlines had been convicted in the United States (and for which they are -LSB-...]
Not exact matches
In
private, and increasingly in public, union representatives are also talking the language of strikes, co-ordinated industrial
action to maximise
damage, and civil disobedience.
Writer - director Shane Black's horribly enjoyable
action comedy The Nice Guys is an jauntily arch return to this tradition, the story of two dishevelled and incompetent
private detectives in 1970s Los Angeles — played by Russell Crowe and Ryan Gosling — who have been expensively tasked with solving the mystery surrounding the death of a missing porn actress, and what other kind of fascinatingly
damaged female character can there be?
Entry of the proposed Final Judgment will neither impair nor assist the bringing of any
private antitrust
damage action.
Another key critic of SFI is Sierra Club, which in 2009 filed a complaint against SFI - certified timber company Weyerhaeuser for conducting irresponsible logging on extremely steep and unstable slopes —
actions that resulted in massive landslides and extensive
damage to public and
private property.
The third statute is the Racketeer Influenced and Corrupt Organizations Act («RICO»), 18 U.S.C. § § 1961 - 1968 (Counts 3 and 4), which provides
private parties with a cause of
action to recover treble
damages due to injuries they received from a defendant's unlawful racketeering activity and the government with a cause of
action to seek other equitable remedies to prevent future unlawful acts.
Costs are defined in a variety of ways and under a variety of assumptions that affect their value ► Cost types include: ► administrative costs of planning, management, monitoring, audits, accounting, reporting, clerical activities, etc. associated with a project or program; ►
damage costs to ecosystems, economies and people due to negative effects from climate change; ► implementation costs of changing existing rules and regulation, capacity building efforts, information, training and education, etc. to put a policy into place; ►
private costs are carried by individuals, companies or other
private entities that undertake the
action, where ► social costs include additionally the external costs on the environment and on society as a whole.
Sec. 13 - 408 (a) establishes a
private cause of
action for
damages sustained as a result of an act prohibited by the Consumer Protection Act.
Fifth,
private claims before MS courts are launched according to MS procedures, while before the CJEU a
private party can bring a case directly as an
action for annulment (Article 263 TFEU), an
action for failure to act (Article 265 TFEU) and an
action for
damages (Article 268 & 340 TFEU), or indirectly via the preliminary reference procedure (Article 267 TFEU).
Private parties that saw themselves burdened with unforeseen obligations as a consequence should start an
action for
damages against the Member State having incorrectly implemented the directive in question according to the Advocate General.
The CJEU considered that while the national court is bound by the Commission's decision as to the existence of an anticompetitive practice, finding such anticompetitive practice is only one element of a
private action for
damages.
As a result, it brought a
private action for
damages before the Belgian court.
The law of premises liability often governs an
action brought to recover
damages for pool - related injuries occurring on
private land.
Our lawyers have defended class
actions and individual cases alleging personal injury and property
damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass,
private and public nuisance and
damage claims such as «fear of cancer» and medical monitoring.
There, we «implied» — from what can only be characterized as an «exclusively procedural provision» affording access to a federal forum, cf. Textile Workers v. Lincoln Mills, 353 U. S. 448, 353 U. S. 462 - 463 (1957)(Frankfurter, J., dissenting)-- a
private cause of
action for
damages for violation of § 14 (a) of the Securities Exchange Act of 1934, 48 Stat.
There was no risk to either Cadbury or Hershey, since neither faced criminal charges or
private actions for
damages.
In the government's report, it states that, regarding the
private right of
action, it intends to «investigate further» its impact and consider whether
damages should be awarded when a party can prove a tangible harm.
If a construction company or other
private business created the road hazard, on the other hand, we can bring an
action against the company and its employees to recover compensation for your
damages.
Remedies include compensation for loss and expenses, «
private fines» (statutory
damages) really as a bonus for pursuing the
action.
Among other areas, our litigation experience in the environmental area includes governmental and
private - party
actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property
damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement
actions.
Represents the Navajo Nation in an
action against the USEPA and
private parties for
damages in connection with the Gold King Mine disaster.
The firm's antitrust practice covers the full range of counseling and litigation services that might arise from either government enforcement matters or
private treble
damage actions.
Private parties may bring civil
actions to recover
damages suffered as a result of conduct which violates the criminal provisions of the Competition Act, or which constitutes a failure to comply with an order of the Tribunal.
Successful
actions against several national newspapers for
private clients resulting in significant
damages, retractions and apologies.
Calunius partner Mick Smith participated in a panel in Madrid that discussed Third Party Funding and
Private Cartel
Damages actions in Spain.
Represented an insurance carrier in a subrogation
action arising out of construction and design defects in an aircraft hangar, resulting in
damage to ten
private aircraft.
The
private right of
action would have allowed recipients of CEMs sent in violation of CASL to seek a court judgement for an amount equal to the actual loss or
damage suffered or expenses incurred, alongside administrative penalties of up to CAN 200 (approx.
Given that the potential remedies under the
private right of
action include statutory
damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class
actions) arising as of July 1, 2017.
Also, as of July 2017,
private rights of
action for
damages will also become available.
AB 894 (Workplace Bullying): Adds a
private cause of
action, along with punitive and compensatory
damages, for alleged workplace bullying.
Her case was heard by the Honourable Justice Stinson, who found in favour of the unnamed woman, creating a new tort of «public disclosure of embarrassing
private facts» and awarding over $ 100,000 in
damages and costs (the plaintiff brought her
action under the Simplified Procedure which limits a claim of
damages to $ 100,000).
If any person knowingly violates any of the provisions of G.S. 84 - 4 through G.S. 84 - 6 or G.S. 84 - 9, fraudulently holds himself or herself out as a North Carolina certified paralegal by use of the designations set forth in G.S. 84 - 37 (a), or knowingly aids and abets another person to commit the unauthorized practice of law, in addition to any other liability imposed pursuant to this Chapter or any other applicable law, any person who is
damaged by the unlawful acts set out in this section shall be entitled to maintain a
private cause of
action to recover
damages and reasonable attorneys» fees and other injunctive relief as ordered by court.
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.
Under section 36 of the Act, the potential remedies for a successful competition law
private action are the actual
damages (i.e., compensatory
damages) proven as a result of the criminal violation (or breach of a Tribunal or court order).
Our Competition Disputes practice is integrated within our Competition, Regulation and Trade team and the wider Dispute Resolution team, providing clients with a seamless service taking a cartel case, for example, from leniency application to dawn raid to appeal to
damages action, and managing the interplay between public and
private enforcement.
Commencing July 1, 2017, persons affected by a CASL contravention will be able to invoke a
private right of
action to sue for compensation and potentially substantial statutory
damages.
This is done to make it economically viable for
private citizens to sue over violations of the consumer protection law that would otherwise involve actual
damages too small to be worth suing over, without having to bring a class
action.
Although such coordination efforts can happen through the promise of compensa - tory
damages alone or in a class
action, there are two reasons to think retributive
damages as I've described them are be an important supplemental tactic to achieve adequate detec - tion and punishment of
private or complex misconduct.
Potential penalties include criminal fines, civil «administrative monetary penalties» or «AMPs» (essentially civil fines), imprisonment,
damages (or settlements) arising from
private civil
actions and court orders (injunctions or prohibition orders) to stop or modify conduct.
Penalties can include double
damages and even plaintiff attorneys can be liable, Frank Qesada, an attorney with MSP Recovery, a Miami law firm that has filed numerous national class
actions on behalf of
private Medicare providers, told Forbes.
Personally, I also have a background in class
actions, including their funding, and the impetus in
private enforcement caused by the
Damages Directive has made competition an area which demanded following up.
Because English law does not recognise a claim for
damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a
private law cause of
action.
Nearly 150 responses were sent to the Commission expressing a wide range of views, and the European Parliament has agreed that the Commission should take forward work in this area with a view to improving the use of
private actions, noting that «the existing redress mechanisms for breaches of competition rules at European level do not guarantee the full effectiveness of Article 81 of the Treaty, in particular with regard to those suffering
damage» (Parliament resolution of 25 April 2007).