Sentences with phrase «tort claims asserted»

Obtained with - prejudice dismissal of business tort claims asserted by one bio-tech company against a competitor.

Not exact matches

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

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.

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

The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.

Kortright sued Investcorp, asserting a boatload of breach of contract and tort claims.

«Using this pragmatic approach, we conclude that although plaintiff's PIP claim and plaintiff's tort / UM contract claim both arise from the same automobile accident, the claims also have significant differences in the motivation and in the timing of asserting the claims, and they often do not form a convenient trial unit.»

Our experience has shown that these construction, utility line and fire cases expand beyond a plaintiff asserting a tort cause of action, to include claims among the defendants for breach of contract and indemnification.

In addition, our employment lawyers also litigate restrictive covenant and trade secret issues, employment contract disputes, employment tort action cases and other statutory causes of action such as claims asserted under the Family and Medical Leave Act, Fair Labor Standards Act and Whistleblower statutes.

The insured then brought an action against the insurer asserting numerous tort and contract claims as well as violations of G.L. c. 175, § 181, and G.L. c. 93A.

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

Represented a major Baltimore institution in defense of an action brought by a software provider asserting breach of contract, misappropriation of trade secrets, and other tort claims in connection with the client's transition to other software.

Represented company in, and settled, putative class actions asserting various privacy and tort claims related to major cyberattack

Federal cases involving claims asserted by one business against another for breach of contract, a specific business tort or for both are defined as «commercial» in legal analytics.

The decision also contains important messages about the nature of the evidence necessary to support an application for interim springboard relief and the extent of the English court's jurisdiction when tort claims are asserted against non-domicile employee defendants.

The Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract