Sentences with phrase «recover damages against»

On behalf of Brown & Crouppen, P.C. on Friday, May 14, 2010 Missouri medical malpractice cases are filed when an individual or several individuals seek to recover damages against health service providers, such as doctors, dentists, chiropractors, nurses, or other medical professionals, whom they believe caused injuries based on error in diagnosis, improper treatment, lack -LSB-...]
For example, if the plaintiff is involved in a car accident on June 5, 2015, he typically has until June 7, 2017 to file a lawsuit and attempt to recover damages against the party or parties responsible for his injuries.
the parent or parents of the minor may recover damages against the person for the loss of the minor's society and companionship.»
The bill also would allow a parent of an adult child to recover damages against the person who committed medical malpractice.
In one case they prepared an amicus curiae brief regarding the issue of what damages guardians can recover for the death of a companion animal, and in another case they conducted a fact and legal investigation to prepare a lawsuit for a client seeking to recover damages against the individual who intentionally killed his companion dog.
In a case similar to the Gaidry case, New Iberia Extract Co. v. McIlhenny Sons, the New Iberia Company had recently recovered damages against McIlhenny Sons in the Supreme Court of Louisiana, on a similar cause of action, New Iberia Extract Co. v. E. McIlhenny, 182 La. 150 [8 T. M. Rep. 189], the decision having been based largely on the judgment of the Court of Appeals for the District of Columbia, cancelling the Mcllhenny Company registration of «Tabasco» as its trade - mark.

Not exact matches

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.
The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.
Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.
Six years later Abdul - Jabbar filed a lawsuit against Collins to recover $ 59 million in damages from allegedly mishandled income tax returns, «improvident» investments and the transfer of «funds from [Abdul - Jabbar's] accounts to the accounts of other players represented byCollins.»
DiNapoli said he will seek to lead the class action against BP to give the fund and other investors their best chance at recovering damages sustained from the decline in shareholder value subsequent to the Deepwater Horizon explosion and oil spill.
Any person damaged by the credit repair business» breach of contract or of any obligation arising therefrom, or by any violation of this Article, may bring an action against the bond or trust account to recover damages suffered.
Guaranteed Auto Protection (GAP) insurance protects against financial loss in the event your vehicle is damaged beyond repair (totaled) or stolen and never recovered.
A person that is damaged by a credit services organization's violation of this chapter may: (1) bring an action to recover the greater of two (2) times the amount of actual damages or one thousand dollars ($ 1,000) and attorney's fees; and (2) bring an action against the bond or irrevocable letter of credit required under section 8 of this chapter to recover an amount equal to the person's actual damages.
The senior has filed a lawsuit against the debt collection agency in order to recover her hospital bill and $ 250,000 in punitive damages for the harassment of her by the collection agent.
In civil suits filed against the judges, lawyers are seeking to recover monetary damages on behalf of the children and their families, alleging that the judges violated their civil rights.
Depending on the circumstances, motorists injured in truck crashes may be able to file lawsuits against the negligent trucking company to recover damages.
In those circumstances, the injured person will seek to recover additional damages against his / her own insurer under the OPCF44R Endorsement of his / her policy.
In order for plaintiff to recover punitive damages against the defendant [s], the plaintiff must
627.730 - 627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of: (a) Significant and permanent loss of an important bodily function.
If you are involved in a crash with an aggressive driver, you have three options for recovering damages: you may file a claim with the insurance of the at - fault driver, file a claim with your own insurance (which you may do if you have collision coverage, MedPay coverage, or UM / UIM coverage), or file a lawsuit directly against the other driver.
Personal injury law provides a legal recourse to recover monetary damages against the drunk driver.
An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.
The most common reasons include: The amount of damages that the plaintiff will recover are not enough to justify the cost of pursuing the claim, especially if litigation is necessary; whether or not the healthcare professional breached the standard of care owed to the plaintiff is questionable, and there are strong defenses to this allegation; or / and causation is unclear, and the defense has a strong argument against a plaintiff's claim of causation.
The Delaware Supreme Court yesterday issued a public reprimand against lawyer Joseph N. Gielata for «an ill conceived plan» to orchestrate eBay purchases in order to recover treble damages from PayPal.
«The Panel believes that the evidence presented showed by clear and convincing evidence that there was a scheme, an ill conceived plan to get together with a friend, sell paintings to each other, make claims against Pay Pal and then pursue legal action to recover not only the Money Back Guarantee, but treble damages and attorney's fees.»
Seeking to cash in on a money - back guarantee PayPal offered, Gielata reportedly sold a friend three paintings via eBay for $ 3,000 then represented the friend in a lawsuit against PayPal seeking to recover the purchase price plus treble damages and attorney fees.
Moore - Bick LJ, giving the leading judgment identified the primary issue as being «whether a person who suffers damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, but which would not otherwise have been made, can recover damages at large».
While each case is unique, we can help you determine whether money damages can be recovered against the at - fault driver.
However, to recover compensation for your injuries and damages, you would file a premises liability lawsuit against that same supermarket.
They can file a personal injury claim against the property owner or other responsible party to recover compensation to cover all their injuries and related damages.
The only way to recover damages is to pursue a claim for damages against the driver (and by proxy his insurance company).
When patients suffer harm due to medical negligence, the law gives victims the right to file medical malpractice lawsuits against doctors to recover for their damages.
Successfully represented an insurer in claims against several subcontractors to recover payments made under a builder's risk policy arising out of water damage in connection with a construction project of the Dormitory Authority of New York.
If you have lost a loved one in a tractor trailer accident, you can file a wrongful death claim against the responsible parties and recover damages for loss of companionship, loss of income, medical bills, and funeral expenses.
The judge then multiplies each parties» percentage of fault against the total damages and that is the amount they must pay, or the amount the plaintiff can not recover if found to be at fault.
AB 291 and SB 203 add a new section (Wisconsin Statutes § 655.018) allowing adult children to recover for damages for the loss of society and companionship «against the person who committed the medical malpractice.»
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.
In California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurer.
Tuck v. Supreme Holdings Ltd. et al. 2014 NLTD (G) 131 Evidence — Limitation of Actions — Practice Summary: The plaintiff commenced an action against the defendants on February 28, 2012, to recover damages allegedly sustained in a motor vehicle collision that occurred... [more]
In Ontario, if you are seriously injured as the result of another person's negligence involving an uninsured motor vehicle, you have recourse to your own car insurance policy which allows you to recover damages which would otherwise be recoverable against the uninsured owner / driver.
Filing a claim against the negligent party can allow you to recover damages that can help you get on with your life.
When the insurance company violates that contract, you are entitled to file a claim against them for bad faith, in essence allowing you to pursue the coverage you were entitled to and in addition recover damages from them for breach of contract.
If a victim dies of injuries sustained by a defective product, the victim's immediate family members may be entitled to recover damages sustained by the family members as a result of the victim's death in a wrongful death action brought against the same defendants.
The False Claims Act also has an anti-retaliation provision, which allows a whistleblower to recover, in addition to the reward for reporting fraud, double damages plus attorney fees for any acts of retaliation for reporting fraud against the government.
You must show that you have suffered a «threshold injury» to win against a careless driver to recover non-economic damages in a «Third Party» claim.
For people who have been seriously injured in a car accident, the no - fault statute still allows lawsuits against the other party in order to recover damages for their pain and suffering.
People who are injured in accidents that are caused by defects in the design or the equipment may be able to recover damages by filing personal injury lawsuits based on claims of products liability against the vehicle manufacturers.
An accident victim or the affected family can file a New Mexico personal injury lawsuit against the drunk driver that caused the accident, and they may be able to recover damages in addition to any compensation offered by the insurance companies.
The IIGA argued before the appellate court that the defendant driver wasn't uninsured, and therefore the plaintiff had no actionable claim against Affirmative (and therefore no claim against IIGA) from which he could recover damages.
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