Sentences with phrase «wrongful conduct in»

Also, in some cases, a defrauded consumer or business may be entitled to recover punitive damages, which is money awarded by the jury to punish the wrongdoer and to deter the wrongdoer and others of similar wrongful conduct in the future.
It is a novel claim, but it is not «plain and obvious» that based on the allegations of wrongful conduct in this case that the claim for waiver of tort would fail.
If you have been harmed because of another person's negligence or wrongful conduct in San Diego, you have the right to file a civil lawsuit for damages.
In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

Not exact matches

This petition does not intend to shield any wrongdoers — in fact, there are no allegations of wrongful conduct behind any of the Subpoenas,» attorneys Michael Garcia, Marc Kasowitz and Jay Musoff wrote in papers filed on Wednesday.
In the writ dated April 27, 2018, Dr Opuni said the conduct of EOCO and its decision to continue freezing his assets is inhuman and wrongful.
Although the INEC boss declined to name the parties involved in the wrongful substitution of candidates» names, he warned that if the act was eventually challenged in court, the whole election could be voided on that account and the nation made to bear the financial brunt of conducting a fresh election.
San Antonio, Texas About Blog San Antonio Employment Law Blog focuses on labor cases involving wrongful conduct by the employer in Texas.
«I thought to myself that Protestant clergy (for example) surely also occasionally succumb to sexual temptation and engage in wrongful sexual conduct,» he writes.
In finding that the circumstances described above would justify piercing the corporate veil, the Court endorsed earlier decisions that held that the corporate veil could properly be lifted when those in control of an otherwise validly incorporated corporation «expressly direct a wrongful thing to be done», or when a corporation «is completely dominated and controlled and being used as a shield for fraudulent or improper conduct.&raquIn finding that the circumstances described above would justify piercing the corporate veil, the Court endorsed earlier decisions that held that the corporate veil could properly be lifted when those in control of an otherwise validly incorporated corporation «expressly direct a wrongful thing to be done», or when a corporation «is completely dominated and controlled and being used as a shield for fraudulent or improper conduct.&raquin control of an otherwise validly incorporated corporation «expressly direct a wrongful thing to be done», or when a corporation «is completely dominated and controlled and being used as a shield for fraudulent or improper conduct
Speaking out or taking legal action against employer for engaging in wrongful conduct of any kind
In April 2013, the U.S. Supreme Court ruled in Kiobel v. Royal Dutch Petroleum that claims of wrongful conduct on foreign soil can not be brought in U.S. courts under the ATIn April 2013, the U.S. Supreme Court ruled in Kiobel v. Royal Dutch Petroleum that claims of wrongful conduct on foreign soil can not be brought in U.S. courts under the ATin Kiobel v. Royal Dutch Petroleum that claims of wrongful conduct on foreign soil can not be brought in U.S. courts under the ATin U.S. courts under the ATS.
In South Carolina, if the death was caused by another person's conduct, the other person's actions may give rise to a «wrongful death» claim.
A person injured in Huntsville, Alabama by the negligent or wrongful conduct of another is entitled to recover «pain and suffering» damages.
In California, accident victims have the option to file a personal injury claim for damages if their injury was the result of another person's negligent or wrongful conduct.
The other way is to prove wrongful conduct such as an intentional act that resulted in a...
Notably, in response to Ms. Strudwick's request to be awarded an extended common law notice period because of the employer's conduct (she requested damages equal to pay and benefits to age 65 on appeal), the Court of Appeal reiterated that common law damages for wrongful dismissal are intended to give employees what they reasonably need to support themselves until they find a new job, and not to compensate them until retirement.
Generally categorized as a catastrophic injury in tort law and involves the representation of people who have been injured as the result of the wrongful conduct or negligence of someone else.
She notes its inconsistencies, witnesses» lack of credibility, the alternative scenarios the case could support or wrongful conduct by the authorities in making the case.
If you have lost a loved one in an accident or in any situation that was caused by someone else's conduct, you may have grounds for a wrongful death claim.
Damages are monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.
Given the fact that wrongful death can occur in a wide array of factual situations, a Louisville wrongful death lawyer will conduct a detailed investigation of the circumstances and develop a strategy designed to maximize available compensation.
Favorable settlement resulted in dismissal order indicating no wrongful conduct, resulting in client tax licensure and the ability to make a living.
At the South Florida law firm of Friedman, Rodman & Frank, our personal injury attorneys use their nearly 100 years of combined experience to advocate for those who have been injured in accidents due to the careless or wrongful conduct of others.
It will ordinarily be fair and just to hold the employer liable where the wrongful conduct may fairly and properly be regarded as done while acting in the ordinary course of the employee's employment.
(1) A death (2) that was caused by the defendant's wrongful or negligent conduct (3) giving rise to a specific cause of action the deceased could have pursued in a lawsuit had he or she not died from the conduct.
When you suffer serious injuries in a car accident due to another driver's negligence or wrongful conduct, you may be able to recover compensation by filing a personal injury claim.
A wrongful act by a person who prevents or disturbs another in the performance of his usual activities, or in the conduct of his business.
Last week, Balenciaga filed a lawsuit alleging that Steve Madden «engaged in copyright infringement, trademark infringement, counterfeiting and other wrongful and tortious conduct» related to its LEGO shoes.
The authorities showed that it would ordinarily be fair and just to hold the employer liable where the wrongful conduct might fairly and properly be regarded as having been done while acting in the ordinary course of the employee's employment.
The correct measure of damages in a case of conversion is that which will provide just compensation for loss suffered by the claimant having regard to the particular circumstances of the case, and so it is impossible to ignore the claimant's own conduct in relation to that loss, since, if he has failed to take advantage of an opportunity reasonably available to him to avoid it in whole or in part, it will be difficult for him to justify requiring the defendant to pay compensation for a loss that could not fairly be attributed to his wrongful act.
Although it is important to note that the RCMP's 1982 investigation did lead to Marshall being freed from prison — implying that one can not always assume that a police force will not be able or willing to conduct a proper investigation into allegations of wrongful conviction — we believe that most citizens would feel more comfortable taking this sort of information, at least initially, to a person or body they do not consider to be part of the criminal justice system, or directly or indirectly involved in the original investigation.
To recover in an action for intentional infliction of emotional distress, a plaintiff must show (1) conduct that is intentional or reckless; (2) conduct that is also extreme and outrageous; (3) a causal connection between the wrongful conduct and the emotional distress; and (4) emotional distress that is severe.
In addition to malpractice cases, our law firm also represents people who have been injured in motor vehicle accidents, construction accidents and other accidents caused by another's negligence or wrongful conducIn addition to malpractice cases, our law firm also represents people who have been injured in motor vehicle accidents, construction accidents and other accidents caused by another's negligence or wrongful conducin motor vehicle accidents, construction accidents and other accidents caused by another's negligence or wrongful conduct.
At our firm, we strongly believe in protecting the rights and interests of those people who have been injured in a slip and fall accident because of another person's negligent or wrongful conduct.
Damages in Wrongful Death case include medical expenses incurred by the victim during life - saving efforts, funeral expenses, lost income that the decedent would have earned through retirement, compensation for the lost services of the decedent, compensation for the lost relationship and companionship, and punitive damages in cases involving willful and wanton or intentional conduct.
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Some states do not award alimony unless there is some form of wrongful conduct and those are often times only seen in fault divorces, where one spouse can prove something like abandonment, financial abuse, addiction, physical abuse, adultery, child abuse, etc. most states, now, are no fault, and if alimony is available it's often only rehabilitative.
We assist people in Santa Barbara County, Ventura County, and San Luis Obispo County who have suffered serious injury due to the negligence or wrongful conduct of another.
The wrongful conduct we've found in these cases is unbelievable, and we are doing everything we can to bring justice to our clients,» he says.
As a result, the Lipson Neilson defense counsel spontaneously argued that the legal malpractice claim was also barred under the the doctrine of in pari delicto — the wrongful conduct rule — because Plaintiff's criminal conduct in committing perjury at his plea hearing was the central cause of his incarceration and consequential damages.
In order to hold a defendant responsible for wrongful death, you must prove that the defendant's conduct was the cause of the decedent's death.
Past wrongful conduct should be examined in light of whether the conduct was aberrant or explained by unique circumstances, the credibility of an applicant's explanation for prior conduct, the level of insight into the prior conduct, its seriousness and impact, and the breadth or duration of the conduct.
The wrongful conviction work that Klinkosum conducted has not only secured the freedom of individuals wrongfully detained but has also led to systemic changes in North Carolina.
We are tremendously proud of our clients and honored to give them a strong and meaningful voice in court by fighting to hold careless and negligent parties accountable by pursuing justice in personal injury and wrongful death cases relating to motor vehicle collisions, medical malpractice, defective products / devices, dangerous drugs, and other harmful conduct.
If you have lost a loved one in a preventable accident or because of someone's wrongful conduct, you should call an attorney immediately.
Any negligent conduct or intentional behavior that resulted in the death of a person could potentially lead to a wrongful death action.
Led by well - known attorney Brian T. Dunn, The Cochran Firm attorneys pride themselves in standing up for the rights of people and families who have been wronged by the conduct of others, be it a personal injury or wrongful death matter, or a case arising out of police abuse or government misconduct.
Punitive damages for wrongful death are rare in Colorado, and apply only if the death was caused by the defendant's outrageous conduct.
In a wrongful death suit, the representative of the deceased may also bring a claim on behalf of the estate of the deceased for conscious pain and suffering sustained as a result of the defendant's conduct.
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