Sentences with phrase «tort claim against»

Depending on who is at fault in this scooter accident, the driver may also have a tort claim against the other driver of the vehicle involved in the accident.

Within 2 Years of your accident, it is crucial... Your personal injury lawyer files a tort claim against the party who is at fault for the accident.

For example, a claim for discrimination in the workplace is not limited to being heard by the Human Rights Tribunal of Ontario (the «Tribunal») if the employee also has a wrongful dismissal or tort claim against his or her former employer.

«There's a provision of the Texas constitution that says you have the right to bring an intentional tort claim against employer, while you're alive,» said lead council Valerie Farwell.

For instance, in some automobile accident cases, there is both a tort claim against the negligent driver and an uninsured / underinsured motorist claim against the client's insurance company.

Often victims of crime would seek a trial lawyer (i.e. someone who does plaintiff's tort claims) or general practice lawyer, who is familiar with the Internet to bring a tort claim against the perpetrator, to seek a TRO, or to assist of making a persuasive case to criminal prosecutors to press the case (a difficult thing to do).

Westfall brought a motion to stay Forsythe's tort claim against him on the basis an Ontario court had no jurisdiction over him - he was neither a resident of Ontario nor did the accident occur in the province.

If you want to file a tort claim against a negligent driver, you must do so within two years of your accident.

If you are not at fault for injuries or losses resulting from a snowmobiling accident you may also be entitled to commence a tort claim against the person responsible to recover compensation.

These benefits are inextricably linked to their tort claim against the at fault party.

One of the programs that helps FAA fulfill its safety mission is the Investigative Tracking System (ITS), which records, tracks, and reports on investigations pertaining to security background checks and clearances on employees, contractors and other individuals with access to FAA facilities, systems or information, as well as internal administrative investigations relative to inappropriate conduct and associated disciplinary actions and tort claims against FAA.

In a country in which we are spending over $ 11 billion annually on health care for companion animals, lawyers are going to see more and more animal - related issues coming to them, from tort claims against veterinarians to landlord - tenant disputes to animal custody cases.

Keep in mind that this only applies to nuclear «incidents», which tells me that this industry is still 100 % on the hook for any sort of toxic tort claims against it (such as improper disposal of waste, etc).

A second post by Audrey highlighted a recent decision by the Supreme Court of Arkansas that dismissed state tort claims against AstraZeneca.

Defense of high visibility mass action toxic tort claims against major energy concern by residents of beach community for alleged contamination of public and private real property and for alleged exposure to carcinogenic chemicals and compounds

Former Philadelphia Eagles and Texans linebacker DeMeco Ryans requested a Texas federal court to send his tort claims against the Houston Texans back to state court on Friday, December 30.

Indiana Code 34 -13-3 discusses tort claims against governmental entities and public employees, and the various instances in which sovereign immunity is waived and compensation may be received.

On rehearing en banc, the 4th Circuit says it has no jurisdiction to consider appeals by Iraqis who were detained and tortured at Abu Ghraib military prison and elsewhere and whose tort claims against defendant government contractors were partly dismissed...

Represented a Canadian bank and affiliated entities in federal litigation asserting commercial tort claims against the originator of securitized lease assets

Obtained dismissals on the merits of over 1,200 individual cases alleging toxic tort claims against two industrial products manufacturers.

Obtained dismissals on the merits of several dozen toxic tort claims against a Fortune 100 chemical products manufacturer.

Not exact matches

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided tclaims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided tClaims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

Lively's work in Uganda led to a lawsuit against him under the Alien Tort Claims Act, filed March 14, 2012, by Se.xual Minorities Uganda, an LGBT rights group in that country, and the Center for Consti.tutional Rights in the U.S..

In his judgment summary, Justice Martin said although Mr Marsh and his wife brought two causes of action against Mr Baxter - common law negligence involving the breach of a duty to ensure there was no escape of GM material, and the tort of private nuisance - they claimed only financial loss.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Even if claims against individual health care providers were likely to be successful, it should be added that tort law challenges to individual decision - makers may not be ideal from the perspective of patients with rare diseases as a group, as the individualized outcome in tort cases does not necessarily lead to the larger, policy change desired by many patients.

Justice O'Connell noted that the father was not pursuing criminal charges against the mother, but rather was pursuing a tort (i.e. civil wrong) claim.

The notice of tort is a required step before you can even begin your claim against a government agency.

Participated in the defense of a publicly - traded Fortune 500 national hospital chain and a Florida hospital against a construction contractor's multi-million dollar contract and tort claims, which was favorably resolved prior to trial.

Aircraft / Truck Runway Collision, Federal Tort Claim: Elliott T. Dennis recovered a $ 4.9 million judgment against the United States in favor of a severely injured state of Alaska employee.

Acting for a company in the CIS in claims against an international metals and mining conglomerate for breach of contract and economic torts in relation to the operation of a mining complex in the CIS.

No Prejudice In Arguing All Defendants Should Be Liable / Failure to Claim Tort of Another Fee Damages At Trial Dispositive Against Fee Petitioner.

Nevertheless, the arguments are frequently crunched through, probably because of an important Illinois Supreme Court ruling from 1990 which is still good law, Rollins v. Ellwood, involving claims brought against a Baltimore police officer, among others, sounding in intentional tort for his role in the apprehension of a misidentified criminal defendant and Illinois resident in Illinois, for which the Court found the officer was not subject to Illinois jurisdiction.

Our team has worked with US federal, state and local government agencies to defend against governmental enforcement actions and citizen suits, response cost litigation, indemnification claims, toxic tort class actions, imminent and substantial endangerment litigation, and criminal environmental claims.

When you're filing a claim for personal injury against a government agency in Idaho, you are required to file a «notice of tort claim.»

Mr. Parrott is also called upon to defend construction industry participant against claims of personal injury, property damage and business torts.

The Court of Appeal ultimately dismissed the father's appeal all grounds, and specifically stated, that awarding damages for the father's tort claim of «involuntary parenthood» would be contrary to the spirit and purpose of the family law system and would «run against the clear trend in the law moving away from fault based claims in the family law context.»

The case involved issues as to the interpretation of DIFC regulatory law and claims against the defendant bank in both contract and tort.

Kate has successfully litigated defences against harvesting charges, constitutional challenges to legislation, injunctions to prevent unilateral third - party development, tort and treaty claims.

The speakers covered a range of interesting topics including: the mental element of the tort of deceit; freezing injunctions; dealing with the challenges of claims against cyber criminals; and the recent decision of the Supreme Court in Ivey v Genting Casino.

«We conclude that even if Roe's pleading was sufficient to state a claim of negligence against the defendants, his claim is barred by the two - year statute of limitations of the Nebraska State Tort Claims Act,» said the U.S. Eighth Circuit Court of Appeals.

Most governments have enacted laws that contain rules for filing an injury claim against them, and through these laws (usually called «Tort Claims Acts») federal, state, and city governments have conditionally given up or «waived» immunity to legal liability for an accident or injury.

Represented financial services client in interrelated court and arbitration proceedings raising employee raiding, non-compete and other business tort claims - obtained dismissal of all claims against client and won six - figure counterclaim

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

In Nicole's complex commercial litigation practice, she has represented public and private companies and their employees in contractual disputes and defended against business tort, toxic tort, fraud, and constitutional claims.

The Attorney General, 2017 ONSC 1333, the Court allowed an employee's claim against his employer and two superiors for the «tort of harassment» and awarded significant damages against the defendants as a consequence.

When defending against a mass tort action, our firm focuses on developing legal approaches that produce optimal results for our clients, while minimizing the high costs and damages often associated with these difficult and complex claims.

L. 1 (2002)(examining the procedural advantages to Alien Tort Statute suits against corporations within domestic courts); see Student Author, Civil Procedure — Pleading Requirements — Eleventh Circuit Dismisses Alien Tort Statute Claims against Coca - Cola under Iqbal's Plausibility Pleading Standard, 123 Harv.

Defended helicopter manufacturer and its parent against contract, tort, and trade practice claims asserted by Argentine sales representative arising from contract termination.

A skilled New Mexico accident attorney can help an injured party determine if they may have a claim for damages against a state or local agency for a dangerous road condition under the New Mexico Tort Claims Act.