Sentences with phrase «same alleged breach»
The problem would be showing that all members of the class were causally injured by the same alleged breach of duty which is pretty much impossible.
https://law.stackexchange.com/ Not exact matches
We also successfully represented the Company's Board in related shareholder derivative litigation in the same court alleging breaches of fiduciary duty, abuse of control, and unjust enrichment, all of which the Court dismissed for failure to make a pre-suit demand or allege demand futility with the particularity required by Delaware law.
15)- scope and application of Articles 27 and 28 of the Brussels Regulation — whether proceedings in England to enforce the settlement and the jurisdiction agreements involved the same cause of action as proceedings in Greece alleged to be in breach of the settlement and the jurisdiction agreement.
To take but one example, this same Annex VII Tribunal in its Award on Jurisdiction and Admissibility only refers to the VCLT at paras 176 and 182 in the context of emphasising that while the Tribunal could have no jurisdiction with respect to an alleged breach of the Convention on Biological Diversity (CBD) it could resort to the CBD (applying article 31 (3)(c) of the VCLT) for assistance in interpreting articles 192 and 194 of LOSC.
As to the conduct breaches, Flaux J held that the alleged failures in notifying NIG when the prospects of scheme claims fell below 50 %, or its value fell below # 1,000, could be analysed in the same way as the vetting breaches and that actual damage was suffered at the point where there was a failure to notify.
It contends that the alleged failures to comply are substantive breaches which may frustrate genuine endeavours to resolve the objection by negotiating directly on particular alleged impacts as it gives no knowledge of the nature of the same and the Government party can not, by condition or otherwise, make effective efforts to mitigate or avoid any particular impact.
[42] Overall the Northern Territory contended that the failures to comply with Form 4 were substantive breaches «which may frustrate genuine endeavours to resolve the objection by negotiating directly on particular alleged impacts as it gives no knowledge of the nature of the same and the Government party can not, by condition or otherwise, make effective efforts to mitigate or avoid any particular impact» see Roy Dixon para 18 (p. 15).