Sentences with phrase «remedy at law»

But one would hope that there is some adequate remedy at law for such gratuitously abusive and insulting behavior.

Although the phrase might be interpreted to mean that the plaintiff is somehow excusing the defendant from the wrongful act and thereby forgoing the remedy at law, the plaintiff, in fact, does no such thing.

However, even if the limitation period does not apply because the claim is for an exclusively equitable remedy, the court will nonetheless apply it by analogy if the remedy in equity is «correspondent to the remedy at law».

The court further found that since it's difficult to accurately measure economic damages in trademark cases, an inadequate remedy at law could be presumed.

It has jurisdiction only in three settings: (1) where a party seeks to invoke an equitable right; (2) where the plaintiff lacks an adequate remedy at law; and (3) where there is a statutory delegation of subject matter jurisdiction.

The court next found the plaintiff satisfied the irreparable harm and inadequate remedy at law injunction elements.

To show an inadequate remedy at law, the plaintiff doesn't have to prove that a remedy is entirely worthless.

This is familiarly the case where a court of chancery has exercised jurisdiction in a case where the plaintiff had a plain and adequate remedy at law, and it so appears by the transcript when brought here by appeal.

In order to obtain a temporary injunction, the plaintiff is required to establish (1) the likelihood of irreparable harm, (2) the unavailability of an adequate remedy at law, (3) substantial likelihood of success on the merits, and (4) that the injunction will serve the public interest.

The petition for a writ of mandate is DENIED as petitioner has an adequate remedy at law.

«Petland will suffer irreparable harm for which it has an inadequate remedy at law,» the lawsuit reads.

«A harm is irreparable where there is no adequate remedy at law, such as monetary damages,» she wrote, but if the plaintiffs won, they could recoup the estimated $ 754,000 to their budget.

These two agencies filed an appeal, arguing that the plaintiff parents had not met the requisite elements for injunctive relief, including (a) likelihood of success on the merits, (b) unavailability of an adequate remedy at law, and (c) being in the public interest.

The suit says: «Defendant's conduct is causing and will continue to cause Plaintiff to suffer irreparable harm, and unless restrained, Plaintiff will continue to be damaged because Plaintiff has no adequate remedy at law.

Aloha Aku Inn & Suites also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.

This letter is written without prejudice to any of Lawriter's rights or remedies, including a disgorgement of all profits realized by Fastcase arising from Fastcase's unauthorized use of the Electronic Files, all of which are hereby expressly reserved, and nothing herein shall be deemed to be waiver of any of Lawriter's rights or remedies at law or equity.

Ethicon also stated, «Please be advised in the event you decide to continue to disseminate false and inaccurate statements, and do not take immediately take the corrective measures outlined above, Ethicon will be compelled to take action and to pursue all rights and remedies at law and in equity.»

I have also proposed some alternative dispute mechanisms designed to bring objectivity to the process without limiting the parties» ultimate rights and remedies at law.

Not exact matches

The foregoing remedies shall not be deemed to be the exclusive remedy for any breach or violation of this Agreement, but shall instead be in addition to any and all other remedy or remedies to which Parent may be entitled at law or in equity.

These remedies are in addition to any other remedies we may have at law or in equity.

If it is determined that You have, at any time, violated any of the foregoing provisions, You may thereafter be barred from submitting or posting any further material on the Site or using or accessing our interactive communication tools, and BBU may pursue any remedies available under the Terms and Conditions or at law.

You agree and understand that Car Throttle is relying on the representations made by you and any breach of the terms and / or warranties set out herein would cause Car Throttle injury and damage that can not be adequately compensated by damages in an action at law and you expressly agree that, without limiting our remedies, Car Throttle shall be entitled to injunctive and other equitable relief.

While the department awaits the full results of this investigation we will like to reiterate our commitment to ensuring that the rule of law is applied at all times and persons found culpable of any breaches that bring the work and commitment of the department into disrepute will be sanctioned and the appropriate remedies adopted in the interest of the Republic.

«Finally, to ensure that the preparation of the Appropriation Bill is based on the Medium Term Expenditure Framework, passed by the National Assembly, signed into law by the President and implemented by the Executive arm of government Section 51 of the Fiscal Responsibility Act has specifically clothed every citizen with the necessary locus standi or legal capacity to enforce the provisions of the law by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.»

The Endocrine Society reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

These remedies are in addition to any other remedies Company may have at law or in equity.

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

25.6.3 in any matter that involves any of the foregoing claims, for resolution or decision of any question of fact or law required to resolve such claim, including, but not limited to, questions required to decide or rule with respect to the infringement, misappropriation, validity, enforceability or ownership of any copyright, patent, trade secret, trademark, service mark or trade dress or with respect to any remedy or relief at law or in equity for any such infringement or misappropriation or for any violation of such Sections 1201 and / or 1202.

In this issue's forum, Charles Ogletree, Harvard Law School professor, and Kimberly Robinson, professor at the University of Richmond School of Law, assert that the court should overturn the Rodriguez decision, thus opening the door to federal remedies to public - education inequality.

Al Lindseth, an expert in school finance law and coauthor of «Schoolhouses, Courthouses, and Statehouses,» has sharply criticized these judicial remedies on the ground that they only throw money at broken systems.

As a lawyer for the Boston - based Victim Rights Law Center put it, although OCR's determination to «look at everything from soup to nuts» was «a great thing» overall, it «utterly fails to provide remedies to individual victims.»

Moreover, the law mandates unworkable remedies at the federal level instead of allowing local educators to make spending decisions.

We are at a crossroads where the standards movement that has dominated education policy since the 80's intersects with the almost forgotten educational history of the 60's and 70's that saw the natural progress of effective schools take root because the influential in education policy THEN understood poverty and saw a way that education law could remedy a longstanding injustice — unequal access to quality education.

In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach (es) or threatened breaches of these Terms, in addition to any other available remedies under contract, at law or in equity.

You acknowledge the unauthorized use of the contents could cause irreparable harm to Pet Food Express and that in the event of an unauthorized use, Pet Food Express shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

The sole remedy available to you in connection with the Program (whether your claim is based in law or equity) shall be the crediting or re-crediting to your Program account of ONYX Rewards points in an amount no greater than the number of ONYX Rewards points at issue.

This notice is not intended to and shall not waive or prejudice any rights and remedies that Nintendo may have at law, in equity, or otherwise.

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

CONNEAUT — The city of Conneaut has not ruled out legal remedies regarding the wind turbine at the lakefront that has been inoperable for more than a year, Law Director Kyle Smith said this week.

Courts have often been reluctant to enforce such contracts — U.S. law at present is particularly unfocussed — and if the customer is seen to be prejudiced by the «smart» elements of the contract, courts may give remedies even in the face of automated execution.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

Trainee, Formosan Brothers Attorneys - at - Law Research Assistant, Center of Public Law, College of Law, National Taiwan University (2006 ~ 2007) Research Assistant, «A Study on the Correlation between Premier Legal Remedy and Secondary Legal Remedy», National Science Council, Taiwan (2008) Research Assistant, Research Project on the Innovation of Law Education at Institutes of Law, Ministry of Education, Taiwan (2006) Patent Agent (2006 ~)

An attorney at the Fine Law Firm can assist you in parsing out the responsible parties and what your rights and remedies are.

Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or in equity.

Victims of discrimination will have access to greater remedies and compensation: At a special Law Society conference on employment law that I recently attended, the main theme was the enlargement of damage awards for the dismissed employLaw Society conference on employment law that I recently attended, the main theme was the enlargement of damage awards for the dismissed employlaw that I recently attended, the main theme was the enlargement of damage awards for the dismissed employee.

If you or a loved one has been injured or killed, you should contact an attorney at the Fine Law Firm to discuss your rights and remedies.

One of the key features of its mission and unifying nomophylactic essentially aimed at ensuring certainty in the interpretation of the law is the fact that, in principle, the current rules do not allow the Supreme Court to know the facts of a case unless they prove by deeds already obtained in proceedings in the pre-trial stages, and only to the extent that it is necessary to know in order to assess the remedies that the law allows you to use to motivate an application at the Court.

One commentator describes the oppression remedy as «the broadest, most comprehensive and most open - ended shareholder remedy in the common law world»: S. M. Beck, «Minority Shareholders» Rights in the 1980s», in Corporate Law in the 80s (1982), 311, at p. 3law world»: S. M. Beck, «Minority Shareholders» Rights in the 1980s», in Corporate Law in the 80s (1982), 311, at p. 3Law in the 80s (1982), 311, at p. 312.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.