Sentences with phrase «recovering in a court action»

So, even if the accident report seems to imply that an accident was your fault, it may not prevent you from recovering in a court action.

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.

(1) Any customer who enters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --

The class action, filed in United States District Court, for the Central District of California, and docketed under 17 - cv - 09157, is on behalf of a class consisting of investors who purchased or otherwise acquired Crypto securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

The class action, filed in United States District Court, Southern District of New York, and docketed under 17 - cv - 09903, is on behalf of a class consisting of investors who purchased or otherwise acquired Qudian's American Depositary Receipts («ADRs») pursuant and / or traceable to Qudian's false and misleading Registration Statement and Prospectus, issued in connection with the Company's initial public offering on or about October 18, 2017 (the «IPO» or the «Offering»), seeking to recover damages caused by Defendants» violations of the Securities Act of 1933 (the «Securities Act»).

The class action, filed in United States District Court, for the Southern District of New York, and docketed under 18 - cv - 00646, is on behalf of a class consisting of investors who purchased or otherwise acquired Xunlei securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

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 - marIn 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 - marin 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.

In the event of any legal action filed in relation to this Terms of Service, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys» fees and reasonable court costIn the event of any legal action filed in relation to this Terms of Service, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys» fees and reasonable court costin relation to this Terms of Service, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys» fees and reasonable court costs.

What about old or «statute - barred» debts You may have a defense against a debt if a long period of time has passed since you last made a payment or confirmed the debt no court action has been taken to recover the debt in the meantime.

There are different legal views about whether a lender has 5 or 20 years to take court action to recover a mortgage shortfall debt in Scotland.

The commissioner may maintain a civil action in a court of competent jurisdiction to recover such fines, together with his costs and attorney fees incident to such action.

For a plaintiff who recovers a sum within the jurisdiction of the Small Claims Court to recover more than disbursements, the court must make a finding that there was sufficient reason for bringing the action in the Supreme CCourt to recover more than disbursements, the court must make a finding that there was sufficient reason for bringing the action in the Supreme Ccourt must make a finding that there was sufficient reason for bringing the action in the Supreme CourtCourt.

She was therefore justified in commencing the action in Supreme Court where she could hope to recover some of the costs it was necessary for her to expend in retaining counsel to recover the compensation to which she was found to be entitled.

Now that the Court That Must Be Obeyed has expressly blessed the trial court's discretion to deny attorney's fee awards to employee plaintiffs who recover less than $ 25,000 in unlimited civil actions, will the trial courts now start exercising that discreCourt That Must Be Obeyed has expressly blessed the trial court's discretion to deny attorney's fee awards to employee plaintiffs who recover less than $ 25,000 in unlimited civil actions, will the trial courts now start exercising that discrecourt's discretion to deny attorney's fee awards to employee plaintiffs who recover less than $ 25,000 in unlimited civil actions, will the trial courts now start exercising that discretion?

Wisconsin Supreme Court ruled (5 - 2) ruled that the Wisconsin Family or Medical Leave Act (WFMLA) does not grant a right to jury civil trial in an action to recover damages.

In terms of practicalities, there is a link to current court fees but no discussion of the kind that you would actually have before starting an action of any kind about the chances of successfully recovering your money even in the event of a positive judgemenIn terms of practicalities, there is a link to current court fees but no discussion of the kind that you would actually have before starting an action of any kind about the chances of successfully recovering your money even in the event of a positive judgemenin the event of a positive judgement.

Court actions against the bank started in September 2016 and following sixteen months of protracted hearings, Mr. and Mrs. Maby recovered their full investment.

If a lawsuit is not filed within that time, the victim will not be able to proceed in court in an action to recover for injuries.

For example, if you are involved in a car accident and suffer an injury, and you recover from it, you may not have a right to commence a court action for pain and suffering unless you can show that you suffered losses or a permanent serious impairment of an important physical, mental or psychological function.

The appellate court explained that to recover compensation in a premises liability claim, a plaintiff must show that the defendant knew or should have known about the danger and that the plaintiff lacked knowledge of the danger, in spite of his ordinary care, due to actions or conditions within the owner's control.

After that, the claimant has 28 days in which to bring a third party into the action (such as an employer, or a company) and the same period to recover certain documents from the other side by court order.

Many federal courts follow the Restatement (Third) of Torts for strict - liability actions, which may allow you to recover injuries sustained by your child as a result of an accident caused by a defect in an amusement - park ride, even if your child was only a bystander as opposed to a passenger on the ride.

Other developments also include a class action lawsuit filed last week in the Saskatchewan Court of Queen's Bench and which has been brought against the federal government and the Canadian Wheat Board on behalf of western Canadian farmers seeking to recover the alleged value of the assets of the Canadian Wheat Board.

It is passing odd that a victim in an inter partes tort action has to pass the 50 % threshold to recover damages for personal injury while an applicant in constitutional litigation need only show a 2 % risk in order to justify a court in striking down legislation.

Lord Justice Chadwick referred (at [63]--[68]-RRB- to the fact that Johnson v Gore Wood was not a case where the company was deprived of funds to pursue its action and that in none of the cases to which Lord Bingham referred did the court consider the question whether a shareholder could recover refl ective loss where the wrong done to the company had made it impossible for it to pursue its own remedy.

If you use Small Claims Court to claim for the maximum amount you can not start another action in Small Claims Court or any other court to recover more money related to the same cCourt to claim for the maximum amount you can not start another action in Small Claims Court or any other court to recover more money related to the same cCourt or any other court to recover more money related to the same ccourt to recover more money related to the same claim.

Representation of Reebok in Massachusetts state court commercial warranty, misrepresentation and unfair or deceptive practices action to recover costs, lost overhead and profits due to supplier's allegedly defective design and manufacture of footwear product

Mr. Klieger is currently representing Mr. Redstone in a Los Angeles County Superior Court action to recover $ 150 million from Ms. Herzer and another former companion, and in several derivative actions filed by shareholders of Viacom and CBS in the Delaware Court of Chancery.

The truth is that in a situation like the Firestone tire failures, many injured parties might recover less in a class - action lawsuit than they would pursuing their own claims, which is part of the basis for the recent Supreme Court decision.

A game - changing Superior Court decision paves the way for plaintiffs to recover the cost of their after - the - event (ATE) insurance premiums and level the playing field in personal injury actions, says Nick Robson, managing director of JusticeRisk Solutions (JRS).

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.

Under the contingency fee agreement, Class counsel are to be paid a contingency fee of 33 1/3 % of the amount recovered in the Class Action, but that amount remains subject to the approval of the court before it can be paid.

The Court emphasized that, unlike Monster (the plaintiff in that underlying proceeding), Ms. Craig was put to «considerable personal expense» to respond to the letter of request and has no further prospect of recovering costs in the underlying action.

In Archon Construction Co. v. U.S. Shelter, L.L.C., 2017 IL App (1st) 153409, the Illinois Appellate Court held that a contractor could not recover on a quantum meruit claim for extra work even though the contractor did not recover for the extras in a breach of contract actioIn Archon Construction Co. v. U.S. Shelter, L.L.C., 2017 IL App (1st) 153409, the Illinois Appellate Court held that a contractor could not recover on a quantum meruit claim for extra work even though the contractor did not recover for the extras in a breach of contract actioin a breach of contract action.

Generally, if you are successful in a Court action you will be entitled to recover your judicial expenses from the other side.

Assisted in representation of client in multiple district court infringement and licensing actions to enforce patent to conformable medical gloves, helping client to recover millions of dollars in actual and liquidated damages.

(6) Despite subsection (5), a solicitor may enter into a contingency fee agreement where the amount paid to the solicitor is more than the maximum percentage prescribed by regulation of the amount or of the value of the property recovered in the action or proceeding, if, upon joint application of the solicitor and his or her client whose application is to be brought within 90 days after the agreement is executed, the agreement is approved by the Superior Court of Justice.

Client agreed to certain contingency arrangements «of any money recovered» at various points of the legal proceedings, with attorney granted a lien on «any recovery [client] may obtain in the court action....»

If the warrant is valid, in practical terms, you will almost certainly need to sue the police to recover anything, and you will have to show the Court that the police's actions that damaged your property were so extreme that they were outside the reasonable scope of the warrant.

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.

Finally, in the event that the Court held that there was an «acquisition of property» in the constitutional sense, the Commonwealth argued that the provisions in the intervention legislation which allowed court action to recover reasonable compensation, satisfied the requirement for «just terms&raCourt held that there was an «acquisition of property» in the constitutional sense, the Commonwealth argued that the provisions in the intervention legislation which allowed court action to recover reasonable compensation, satisfied the requirement for «just terms&racourt action to recover reasonable compensation, satisfied the requirement for «just terms».

From the agent's standpoint, the problem is this: REBBA may not require an agreement to be in writing, but it does mandate that an agent can not bring a legal action in court to recover commission unless there is either a written listing agreement, or certain other stated pre-requisites have been satisfied, among them that the agent has «obtained an offer in writing that has been accepted.»

The court rejected the Buyer's Representative's arguments because, in order to consider whether the Buyer's Representative could recover under any of those causes of action, the court would still need to determine that she was the procuring cause of the sale.

Co. (295 A.D. 2d 554)-- issues of fact exist as to whether broker was the procuring cause of lease where broker not only introduced tenant to the property and gave tenant a tour of the property but, at the request of tenant, also provided proprietary lease information; there are also issues of fact as to whether tenant and broker had an implied contract; Supreme Court's order denying defendant's motion for summary judgment dismissing broker's cause of action seeking to recover damages in quantum meruit affirmed