Sentences with phrase «state statutory claims»

Not exact matches

State regulators, unlike class action plaintiffs, can claim statutory penalties for every violation of stateState regulators, unlike class action plaintiffs, can claim statutory penalties for every violation of statestate law.

In response, Pomerantz has innovated use of the statutory and common laws of the various U.S. states to pursue such claims.

In a judgment dismissing the claim, Justice Rilwan Aikawa held that following the decision of the Supreme Court in the case of Attorney General of Ondo State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate allegations of corrupt practices made against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its duties.

Their corresponding state constitutional and statutory claims, which included freedom of religion, similarly lacked an evidentiary foundation.

GEO Group is being sued by the State of Mississippi over «several statutory and common law claims, including violations of various public servant statutes, racketeering activity, antitrust law, civil conspiracy, unjust enrichment and fraud.

This consent order involves violations by the foreign air carrier Emirates of Articles 17 and 19 of the Montreal Convention1 and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from damage, loss, or delay to baggage checked on Emirates» flights to or from the United States.

This consent order involves violations by Alitalia Compagnia Aerea Italiana SpA (Alitalia) of Article 19 of the Montreal Convention (Convention) and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from delay of checked baggage on Alitalia flights to or from the United States.

A «CLAIM» IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND PyramidCreditRepair.com, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OF FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

Ms. Michaud's litigation and arbitration practice primarily includes cross-border contract and business torts disputes, consumer class actions (state and federal statutory violations and data privacy concerns), intellectual property disputes, trade secret misappropriation, competition, as well as other statutory and common law claims.

Obtaining summary judgment in (and complete dismissal of) a state wage and hour class action filed in Orange County Superior Court by hourly drivers against a respiratory care company and involving statutory and contractual overtime claims;

The court rehearsed a consistent line of earlier rulings including Churchill v Wilkinson and Evans Case C - 442 / 10, [2013] 1 W L R1776 and confirmed that member states have no discretion to permit motor insurers to rely on statutory provisions or contractual clauses to enable them to avoid their liability to meet third party claims, save where expressly permitted by the Motor Insurance Directives.

Interestingly, the state is not claiming copyright on the text itself but on such things as the «arrangement and subject matter compliation... the leadlines and numbering for each statutory section, the tables, index and annotations...» -LRB-(From the order posted... [more]

Minton asserted a legal malpractice claim in Texas state court after a federal court ruled that his patent was invalid due to a statutory bar, alleging that his attorney, Gunn, failed to timely raise the experimental use exception.

Our financial services litigators handle financial services class actions in federal and state courts; bad faith litigation; interpleader cases; trust litigation, escrow arrangements and garnishments; general contract disputes and alleged statutory violations; loan modifications, bad loans and other matters arising from lender - borrower relationships; bankruptcy litigation, including preference and fraudulent conveyance claims; and management of electronic data discovery in large, complex cases.

«Second, there are the numerous statutory limits on jury trials, such as workers» compensation, no - fault auto claims, state tort claims acts and the like, which remove the right to jury trial altogether or limit the damages that can be awarded,» he says.

258.2 Sections 258.3 to 258.6 apply only in respect of a claim for loss or damage from bodily injury or death arising from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule.

In a post on this site last November, «Why the new s. 258.3 (8.1) of the Insurance Act will retroactively scale back prejudgment interest rates in MVA actions,» I stated that the statutory amendment reducing the rate of prejudgment interest for non-pecuniary damage awards (damages for pain and suffering and the non-pecuniary portion of dependent family claims) in automobile tort cases must be applied retroactively.

«In short, the plaintiffs have failed — both as a matter of statutory interpretation and as a matter of facts alleged — to state a claim that the [FHFA] acted outside its authority as a conservator and thereby lost the protection of section 4617 (f),» according to the appellate panel.

Presentation of oral argument to the Connecticut Supreme Court on behalf of a bridge contractor concerning the scope of a statutory waiver of the state's sovereign immunity for disputed claims under contracts with the state for the design, construction, construction management, repair, or alteration of any highway, bridge, building or other public works of the state.

Willie has prosecuted and defended claims involving breach of contract, tortious interference, state and federal antitrust, common law and statutory fraud, misappropriation of trade secrets, negligent misrepresentation, business disparagement, state and federal securities actions, product liability, nuisance, trespass, conversion, insurance coverage, corporate governance, breach of fiduciary duty, shareholder oppression, and qui tam.

The Judge stated at [41] «Nor do I think it is fair to draw the inference that the appellant made this calculation, namely «let's win in the Employment Tribunal, maintain before the Employment Tribunal that my claim for damages is surely unlimited as to time, pocket those damages calculated on that basis and then come back to the High Court in due course and see how far we get with the statutory appeal».

In addition to the defense of state and federal statutory claims, the Firm also defends claims alleging deceptive and unfair trade practices and invasion of privacy.

Claim Tort: Tort law is state law created through judges (common law) and by legislatures (statutory law).

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court of the United States vacated the Court of Appeals» decision and held that the equitable defence of laches can not be invoked against claims for patent infringement occurring during the six - year statutory limitations period, as defined by 35 U.S.C. § 286.

If buyer clients believe that they may have a claim against a builder under a statutory, express, or implied warranty, there are several important steps they should take: Read the warranty, if there is one, provided by the builder; call the builder and try to resolve the dispute; provide written notice to the builder of the defect in the form of a letter; give the builder a reasonable amount of time to resolve the problem; seek legal advice if the dispute can not be resolved; and contact the state consumer protection agency or state attorney general's office.