Sentences with phrase «such alleged cases»

The Philadelphia scandal could open a historic chapter in the abuse crisis, church watchers say, changing the way the American criminal justice system deals with such alleged cases.

Not exact matches

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

Such a violation, if eventually confirmed by the Federal Trade Commission, could lead to many millions of dollars in fines against Facebook, said David Vladeck, who as the director of the FTC's Bureau of Consumer Protection oversaw the investigation of alleged privacy violations by Facebook and the subsequent consent decree resolving the case in 2011.

There is plenty to unpack here when it comes to the legal implications of those alleged coverups, but the fact that both cases describe such similar events before either of them became public suggests this story isn't going away.

A finding that a measure such as the one adopted in this case relates in pith and substance to a provincial head of power could encourage municipalities to systematically exercise the federal power to choose where to locate radiocommunication infrastructure while alleging local interests in support of their doing so.

Northrop observed such a confluence, and held that Whitehead and Berg - son differed only on one major point of doctrine: he alleges that, for Bergson, spatialization in science constitutes a falsification of experience, while he thinks this is not the case for Whitehead.30 There are two problems with this claim by Northrop.

Of course, it is possible to reply that the alleged stumbling block occurs every day according to Christian teaching, because what here in the case of the first human being is felt to be contrary to the fundamental conceptions of metaphysics and the methodological basis of natural science, happens continually at the origin of every individual human soul, at the genesis of every single human being, for such souls equally with those of the first human beings, are created by God directly out of nothing.

Yet judging from my own abilities at least, the attempt to make that alleged acknowledgement explicit leads either to an obvious case of merely relative nonbeing, such as the black background of my imagination, or to an unfulfilled and apparently unfulfillable intention, such as that involved in the attempt to conceive of a round square.

But they do function to protect that possibility from alleged alternatives — such as the one Just suggested, namely, that it happens or might happen to be the case that all beings fall short of perfection.

All fourteen players made a strong case for their retention in the squad next season, and if you add Ogbonna, Obiang, Antonio and the ever improving Masuaku to these, in addition to the alleged (but unseen) quality of some of our youngsters (such as Oxford, Burke, Rice, Quina, Browne, Cullen, Martinez, and others) then that would form the nucleus of a squad that can improve on this season.

Agbakoba in a statemet on Monday alleged that the appointment made by the Federal Government of Nigeria, contravenes the provisions of S. 14 of the Constitution and also the Federal Character Commission, Act and the provisions of Sections 42 of the Constitution of Nigeria that prohibits discrimination of any of Nigeria's ethnic groups such as, in this case, the South East.

The prosecution alleges that Mr. Silver steered state grants to mesothelioma research to Columbia University and New York Presbyterian Hospital in exchange for a doctor there, Dr. Robert Taub, referring patients to a law firm that sues on behalf of such patients, Weitz & Luxenberg, where Mr. Silver was of counsel and received lucrative payments for referring clients with asbestos cases.

But the church, along with organizations such as the Boy Scouts of America, has said a one - year look - back period would open the floodgates to litigation against organizations that could have to defend themselves in cases involving alleged abusers who have been dead or retired for years or decades.

Such wiretapped exchanges are expected to play a central role when the Skeloses go on trial in federal court in Manhattan starting Monday in a case that is at its core about the stunning lengths a father will go to help his son, alleging that one of New York's most powerful men «monetized» his office in a bid to get his child's career on track.

The administration of President Mahama has seen several cases of alleged corruption, such as the SADA scandal, Gyeeda, bus branding, the payment of judgement debt to Woyome, a car gift involving the President among others.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

(d) A charge under subsection (a) shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local, law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

Yet all the authors» examples allege the opposite situation,... Case 12 refers to McKitrick and McIntyre 2005, which focused on the bias arising from using decentered data in a PCA algorithm that is only valid when the data are centered... The authors do not seem to have taken the trouble to properly research the issue, and as such their brief commentary lacks credibility

So, why don't we see such little interest of discussing the alleged «Pachauri» case in the MSM and the warmists blogosphere?

In one case, it appears that the Chinese government may have targeted several Canadian law firms in an apparent effort to derail a $ 40 billion acquisition.11 In another, a firm's managing clerk is alleged to have accessed inside information about the firm's clients as part of an insider - trading scheme.12 Also, it recently was revealed that hackers working for the Chinese military targeted one company for information useful in ongoing litigation.13 Failure to secure such data from malicious employees, cyber-attacks, or carelessness can cause drastic reputational damage as well as liability.

This expertise includes handling cases alleging constitutional violations and police misconduct such as excessive force and unlawful arrest claims as well as state claims of negligent training, investigation and malicious prosecution.

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

Such was not the case in an action alleging construction and design defects (2017 ONCA 115).

As reported by the New York Law Journal, U.S. Attorney Preet Bharara stated that it was particularly disturbing to him that «a law firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.»

Cases such as Gray pose the question of whether the claimant, having been convicted of a crime, can seek compensation from the tortfeasor for imprisonment flowing from that conviction, it being alleged that the crime would not have been committed but for the defendant's tort.

(However, as there was no fraud alleged against the Penna estate, no such exemption was available in this case.)

In order for a jury to award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.

As recent cases such as Watkinson (ET 1702168 / 2008 and 1702079 / 2009) have demonstrated, there is ample incentive for unfair dismissal claimants to allege that the reason for dismissal was, for example, the fact that protected disclosures had been made, because the statutory cap on compensation does not apply in such cases.

Many recent malpractice claims have arisen out of alleged conflict of interest, such as this case I blogged about a year ago.

Many of the cases we handle involve alleged negligence, such as purported failure to disclose; other cases have been disputes over commissions or Truth - in - Lending.

Alternatively, employers may react inappropriately to suspicious absences, which could lead to exposures to liability, such as in cases where the absence is related to illness and the employee alleges that the employer's reaction is in violation of the Human Rights Code.

She has defended health care providers in cases involving alleged birth trauma injuries, cancer misdiagnosis, surgical related incidents, obstetrics, gynecologic matters, radiological related incidents, and various other medical specialties such as pediatrics, infectious disease, neurology, and orthopedics.

The plaintiffs in both cases allege that the banks expected employees to work late but that their overtime policies, such as requirements to secure approval before working extra hours, made it difficult for employees to get overtime pay for the extra work.

The case creates a «very high threshold» for regulated health professionals seeking to challenge a proposed interim suspension or interim conditions, in the face of a complaint alleging serious misconduct, such as sexual abuse, says Lad Kucis, partner and co-chairman of the health law group with Gardiner Roberts LLP in Toronto.

Each issue also includes a Graphic of the Month, such as this timeline sequence designed for a case alleging the wrongful death of two chemical plant workers.

As the article describes, Daniel Elia, a former disgruntled client of Buffalo based law firm, Damon & Morey has created a website, damon-moreymisconduct.com, to broadcast Elia's complaints about the firm's alleged misconduct, such as charging unreasonable fees and failing to disclose a conflict of interest when the firm represented Elia and one of his creditors in a Chapter 11 Bankruptcy case.

If the alleged corporate strategy is proved, the fact that the Defendant may have «profited» from such conduct may give rise to substantially higher punitive damages than would otherwise be the case.

The Claimants argued that the circumstances in which a duty to investigate an alleged violation of Article 5 arises were not limited to cases of enforced disappearance, but that an investigative duty arose in all cases where detention takes place beyond the reach of the courts, even if such detention was not secret or unacknowledged.

Section 13 - 215 sets forth the statute of repose in a medical negligence case as being not more than four years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.

However, as the non-disclosure alleged by the wife in this case is said to be intentional, then, if there was such non-disclosure, the 2004 order should be set aside, unless the husband could satisfy the court that the 2004 order would have been agreed and made in any event (see per Lady Hale in Sharland).

As a central issue, Article 10 (1) of the Regulation provides that non-governmental organisations meeting certain criteria are entitled to request an internal review to the EU institution or body that has adopted a certain administrative act under environmental law or, in case of an alleged administrative omission, that should have adopted such an act.

Bowden is relevant not only to civil claims arising from abuse many years ago but also to other personal injury cases where the defendant's alleged tort relates to circumstances long before proceedings were issued, such as occupational illness claims.

To obtain the order, a plaintiff must show the Court that it has the makings of a strong case, that the damage to the plaintiff of the defendant's alleged misconduct is very serious, that there is convincing evidence that the defendant has in its possession incriminating documents or items, and that there is a real possibility that the defendant may destroy such material before discovery.

Mr. Clark has conducted countless such Bail Review proceedings, successfully securing clients» release in a variety of serious cases including the alleged discovery of a loaded handgun in a moving vehicle.

The necessity of such immunity (as well as the limits of such immunity where a plaintiff alleges bad faith conduct) is illustrated in the Ontario case of Deep v. College of Physicians and Surgeons of Ontario, 2010 ONSC 5248 (September 23, 2010), where the College revoked the claimant's certificate of registration based on findings of professional misconduct and incompetence.

The attorneys at Deans & Lyons, LLP have prosecuted and defended tortious interference claims for businesses and individuals with millions of dollars on the line, such as cases involving fraudulent conduct or representations alleged to have led to contractual termination or the abandonment of a business relationship.

The first of the points arising in the case concerns the jurisdiction of the circuit court, which is denied first on the ground that the plaintiffs have no such interest in the subject of litigation as will enable them to maintain the suit, and secondly on matters arising out of the alleged proceedings in the suit in the Chancery Court of Louisville.

I would not say, certainly not on this application today, that a person who had suffered a catastrophic injury involving quadriplegia or brain injury or the like could feel free not to take a positive step such as taking out a newspaper advertisement or posting an internet classified advertisement in an attempt to locate a tortfeasor, no matter how remote the chances of that being successful might seem; but in this case, given the claimant's relatively modest injuries as alleged and as attested to in his statement, I do not think that would have been a reasonable requirement on his part.