Sentences with phrase «recovery as a matter of law»

If you are found to be partially at fault for your accident, then you will be barred from recovery as a matter of law.

If it does, there can be no quantum meruit recovery as a matter of law.

Not exact matches

Whilst the decision to recover at the level of the investors only and not at the level of the shipyard or at the level of the EIGs can be questioned, it is essentially a matter of recovery of State aid — for which the Commission has a certain margin of discretion but needs to comply with general principles of EU law — and not of existence of aid as such.

Considering that the same district court allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrial).

This is consistent with recovery for physical injury, which, as a matter of law, is not conditioned upon a claimant adducing expert diagnostic evidence in support.

«While it is arguable this test will be difficult to meet,» said the Court, «there is no reason to foreclose recovery in every case as a matter of law» (again, para 19).

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.