Sentences with phrase «tort claims procedure»

In other cases, the existence of a remedy may depend on whether there is a specific tort claims procedure in place, or which covers certain types of claims, such as those brought by casino patrons.

Not exact matches

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is fclaim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is fClaim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is fClaim is filed.

«Twenty years ago, when hit with rising malpractice claims, anesthesiologists did not try changing tort law; rather, they examined their own medical procedures in detail.

The Motor Insurance Bureau (MIB) procedure relied on by the UK as implementing the Second Council Directive 84 / 5 / EEC (the Second Directive) to provide for claims for personal injury resulting from accidents involving untraced drivers should be subject to a limitation period no less favourable than that which applies to the commencement of proceedings by minors for personal injury in tort against a traced driver.

Mass tort claims are usually more complicated than class action lawsuits because they do not always follow standard procedure.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

In Ontario, the Ontario Court of Appeal recently held that a court has jurisdiction to hear claims of tort / breach of contract unless an action is instituted to «circumvent» the internal procedures of universities or colleges.