She has claimed damages from the story include harm to her reputation, embarrassment, emotional distress and humiliation.
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She has claimed damages from the story including harm to her reputation, embarrassment, emotional distress and humiliation.
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Eramo has claimed damages from the story include harm to her reputation, embarrassment, emotional distress and humiliation.
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The dog did not bite anyone, but the worker claimed damages greater than the homeowner's policy covered.
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The massive decline in value of the funds "led to multiple regulatory inquiries, as well as customer complaints and arbitrations with aggregate claimed damages of USD 2.5 billion, of which claims with aggregate claimed damages of USD 1.5 billion have been resolved through settlements, arbitration or withdrawal of the claim," according to UBS's first quarter 2018 report.
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Judge Alsup agreed, to the extent Oakand's suit claimed damages related to emissions in the U.S., regardless of the city's sales-not-emissions theory.
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After winning its case, Nintendo could have claimed damages from Tiger over this whole situation, it instead just took the royalties Universal was owed.
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The claimed damages are linked to Ghosn's "breach of fiduciary duty as a company director and his misappropriation of Nissan's resources and assets," the Japanese automaker said in a statement.
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If the 5th Circuit and Judge Lynn had allowed the case to go to trial, Boies himself would have led the shareholders' team, which would have claimed damages of between $300 million and $750 million.
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ZURICH, March 23 (Reuters) - Switzerland's top court has dismissed a whistleblower's lawsuit against private bank Julius Baer and employees, in which the whistleblower claimed damages to his reputation and finances, the latest twist in a decade-long saga.
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The McRae brothers commenced an action claiming damages against the Commission. First they claimed damages for breach of contract to sell a tanker at the location specified. Second, they claimed damages for fraudulent misrepresentation that there was a tanker. Third, they claimed damages for a negligent failure to disclose that there was no tanker at the place specified after the fact became known to the Commissioner.
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Mr Boyo claimed damages for salary loss up to trial date, when he accepted the repudiatory breach of contract.
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He then claimed damages at the Vienna Civil Court, for the VGH infringing EU law. They referred to the ECJ.
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Kenny also claimed damages for his neighbour's assault on him. The case was settled with Kenny buying the land for an undisclosed sum and both sides paying their own costs.
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In the end, the US government agreed to compensate its citizens for the claimed damages of $20 million, although it was only in 1915 the heirs finally received $3.9 million in settlement.
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The Novell case is about copyright ownership. DaimlerChrysler was about contractual compliance statements. The "may or may not" comes from AutoZone's case. In AutoZone, SCO's complaint claimed damages for AutoZone's use of Linux.
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During the Fillmore administration, Mexico claimed damages of $40 million (equivalent to $ in ) but offered to allow the U.S. to buy-out Article XI for $25 million ($) while President Fillmore proposed a settlement that was $10 million less ($).
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Four separate class-action lawsuits were filed in Ontario, Quebec, Saskatchewan, and British Columbia. The lawsuit in Ontario claimed damages of $350 million. All lawsuits were filed by Merchant Law Group. The lawsuits were settled in December 2008 for $27 million.
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Number 16's owner claimed damages against his neighbour for repairing the wall. He pled for the court to find a new kind of negative easement (which would, by extension from analogous types of easement) forbid the earlier, neighbour's wall being pulled down.
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The other six motoring defendants that day were only fined £2 plus costs. In November 1903, Levitt and her friend Hena Frankton claimed damages against a GPO van driver who had hit their car. In two discrete cases they received compensation of £35 each.
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He brought an action to remove her, and succeeded at first instance. She left, and went to a council flat, but appealed, arguing that he was under a contractual duty to allow her to remain until the twins left school, although she merely claimed damages.
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Cowan kept pigs at his home which frequently wandered to William Marwick's wheat stack. Marwick could not seek the assistance of the pound- keeper because he was James Cowan, Walkinshaw's son (born 1848), who Cowan had appointed pound-keeper, as well as Postmaster and Magistrate's clerk in 1864, when he was 16. In March 1866, Marwick impounded 8 pigs, but released them on Cowan saying that if he claimed damages from the pound-keeper, Cowan would pay. Marwick claimed damages but James Cowan, the pound-keeper did not recognise any damages and said Marwick should take the matter to the magistrate, who was of course Walkinshaw Cowan.
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On 5 July 1976, vandals started a larger fire and the cinema burnt down, damaging a neighbouring cafe, billiard saloon and church. The neighbours claimed damages. The instant court held the fire was reasonably foreseeable. Littlewoods appealed, arguing it had no knowledge of previous attempts to start the fires.
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In 1811, £18,066.5s.10d was evenly distributed among those who had claimed damages. A wine merchant named Woodhouse lost a large amount of wine and the government provided him with extensive storehouses at the former Slaves' Prison in Valletta as a compensation. The initial total estimated damage for rebuilding was estimated at £35,000.
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Mr Ruiz was injured when a 30-ton hydraulic jack struck him after being dislodged on the barge. He sued Shell and NTC in negligence for the barge being unseaworthy, and Shell claimed damages from NTC. A jury awarded Mr Ruiz $50,000, and found only NTC's negligence was a proximate cause of injury.
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Mackenzie claimed damages in Milwaukee, on the basis that Miller had misled him about his prospects and standing with the company, thereby inducing him to remain under its employ past the age where he could reasonably expect a successful career path elsewhere. The jury awarded him $6.5 million for compensatory and $18 million in punitive damages.
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Václav Malý, Malá's husband, was also living in the house. Malý was not injured, but he claimed damages for a very wide variety of consumer electronics he had stored in the house. The defense challenged this and asserted that the house was being used to store stolen goods, which Malý denied. Malý had been convicted 12 times.
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Unilever sold olive oil to Central Food, which refused to pay on the ground the oil did not comply with Italian law. This was a ‘technical regulation’ under Directive 83/189. Unilever claimed damages for breach of contract. The question was referred to the European Court of Justice, whether the Directive precluded enforcement of the contract.
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He was placed on a list of people unsuitable to work with children under the Protection of Children Act 1999, and not removed until July 2007. He claimed unfair dismissal. The Tribunal found he was unfairly dismissed, and was awarded the maximum, his name removed from the register. He then claimed damages for breach of contract in the High Court.
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Québec Medicare covers such costs since 2002. The agreement capped the total amount of indemnity payments at $50 million, whereas the plaintiff had claimed damages of around $800 million for their estimated 120,000 compulsive gamblers in Québec (this figure has been contested by Loto-Québec). On October 19, 2010, the Société des bingos du Québec (SBQ) inaugurated a Kinzo hall at 8780 Boulevard Saint-Laurent in Montreal.
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Schmidberger, who ran a trucking company, claimed damages for loss caused by a protest group that had prevented it taking goods to Austria by lorry. Transitforum Austria Tirol organised a demonstration to block the Brenner Autobahn, A13, a transit between Northern Europe and Italy. It did so for 30 hours, in protest against the environment and health problems from the increase in movement of heavy goods on the motorway.
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On July 31, 2007, 24 Hour Fitness settled a class-action lawsuit brought against it by 1.8 million current and former members. The plaintiffs claimed damages for the continuation of automatic withdrawals by 24 Hour Fitness long after their monthly memberships were canceled by request. In McCardle vs 24 Hour Fitness USA, Inc., the Alameda County Court ruled in favor of the plaintiffs of the class-action lawsuit.
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This appointment was terminated in 1979. Joel Melamed and Hurwitz claimed damages based on the fees they would have earned from the conveyancing work had the appointment not been allegedly unlawfully terminated. The crux of the main cause of action was that Melamed alleged to have contracted with himself in two different capacities: i.e. as a partner in the firm of attorneys and as managing director of TMC.
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As customary, owners of the goods shipped in the luggage cars claimed damages and were reimbursed, while the surviving perishable goods were auctioned off by the railway operator Ferrovie dello Stato. Among the recovered perishable goods there was cow meat, fish, rabbits, poultry and truffles. The shoes were recovered and sent to the central Lost and Found office. A shocked dog was found in the station, most probably a survivor from the disaster.
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This was the catalyst for the Case of Monopolies or Darcy v Allin.(1602) 11 Co. Rep. 84b The plaintiff, an officer of the Queen's household, had been granted the sole right of making playing cards and claimed damages for the defendant's infringement of this right. The court found the grant void and that three characteristics of monopoly were (1) price increases (2) quality decrease (3) the tendency to reduce artificers to idleness and beggary.
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Immediately after the accident, Widerøe paid a compensation of NOK 10,000 to each of the survivors. The survivors and the deceased's next-of-kin claimed damages for several million NOK, including three people who each demanded over one million after becoming disabled. The demands were raised against the insurance company Norsk Flyforsikringspool. After mediation, the airline agreed to compensate the passengers with an additional NOK 15,000 in cash and NOK 30,000 worth of free travel with Widerøe.
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84b The plaintiff, an officer of the Queen's household, had been granted the sole right of making playing cards and claimed damages for the defendant's infringement of this right. The court found the grant void and that three characteristics of monopoly were (1) price increases; (2) quality decrease; and (3) the tendency to reduce artificers to idleness and beggary. This put a temporary end to complaints about monopoly, until King James I began to grant them again.
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If retailers did sell below the list price, they would have to pay £5 per tyre in liquidated damages to Dunlop. Dunlop thus was the third party to a contract between Selfridge and Dew. When Selfridge sold the tyres at below the agreed price, Dunlop sued to enforce the contract by injunction and claimed damages. Selfridge argued that Dunlop could not enforce the burden of a contract between Dunlop and Dew, which Selfridge had not agreed to.
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His headquarters were at the Palace of Fontainebleau in Paris. In 1960, Speidel took legal action against an East German film studio which portrayed him as having been privy to the assassinations of King Alexander I of Yugoslavia and French Foreign Minister Louis Barthou in 1934, as well as having betrayed Field Marshal Erwin Rommel to the Nazis after the 20 July Plot in 1944. He successfully claimed damages for libel.See Plato Films Ltd v Speidel [1961 AC 1090.
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A written deed of sale of a farm, after describing the property and its approximate extent, added that "the property includes approximately 120,000 vines planted thereon." Another clause provided that "the property is sold as it stands and the seller shall not be held responsible for any defects therein whether patent or latent." In fact, there were only 67,000 vines planted on the farm. The purchaser accordingly claimed damages # for breach of warranty; or, alternatively, # by reason of the misrepresentation.
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By November 22, 1963, the premises had been abandoned, and most of the other tenants in the shopping centre had also moved out. On that date the landlord took possession of the premises and attempted to find a new tenant. At trial the landlord claimed damages suffered for rescission but more importantly, also for prospective loss resulting from the respondent's failure to carry on a supermarket business in the shopping centre for the full term of the lease.Highway Properties at 568.
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Occupational health and safety inspectors may investigate an occupational diving incident to identify whether regulations have been violated. Civil litigation for claimed damages can be more equitably decided when the circumstances leading to the injury have been identified. The ability to provide documentary evidence showing that correct procedure was followed can simplify the investigation and may lead to more accurate and reliable findings. Equipment, procedures, organization, environment, individual factors and interactions between them are the sources of contributing and compounding events and conditions.
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In his countersuit, Verdi claimed damages and, in the document which he prepared called "Defense of Maestro Cavalier Giuseppe Verdi" and in which he gave instructions to his lawyer, he laid what he regarded as the absurdity of some of the requirements.Philips-Matz, p. 376 These included the substitution of one word of the opening chorus' "Die!" for "He sleeps". In addition, it has been noted that he instructed a copyist to "place the two librettos (Vendetta and Adelia)in parallel columns"Gossett and Narici, p.
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While in Switzerland, Starr visited him but had to cut short his stay in order to travel to Boston, where his daughter was undergoing emergency brain surgery. Harrison, who was very weak, quipped: "Do you want me to come with you?" In November 2001, he began radiotherapy at Staten Island University Hospital in New York City for non-small cell lung cancer that had spread to his brain. When the news was made public, Harrison bemoaned his physician's breach of privacy, and his estate later claimed damages.
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Lizars claimed in print in 1838 that James Syme had endangered a patient's life and ruined his health by want of care in averting hemorrhage; Syme had been an unsuccessful competitor for the post held by Lizars. Syme replied with a lawsuit, in which he claimed damages for false and malicious statement. The suit was successful, but with token damages only. Syme, however, had a probable role in dissuading the College of Surgeons from re-electing a professor of surgery when Lizars's tenure of the office finished.
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In the January 1929 issue of Modern Review, the Bengali philosopher Jadunath Sinha made the sensational claim that parts of his doctoral thesis, Indian Psychology of Perception, published in 1925, were copied by his teacher Sarvepalli Radhakrishnan into his book Indian Philosophy II, published in 1927. The controversy continued into the February, March and April issues of the magazine. In August 1929, Sinha filed a case in the Calcutta High Court, against Dr. Sarvepalli Radhakrishnan for infringement of his copyrights. Sinha claimed damages for Rs 20,000.
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In September 2014, it was announced that member Rain Man was no longer a member of Krewella. Trindl claimed damages and wanted compensation from the Yousaf sisters in a total of $5 million, claiming they had kicked him out of the band unfairly. The case was finalized in October, 2015 however a response was not issued to the public. The lawsuit also states that the sisters conspired to kick him out of the group to reap high financial rewards whilst he was attending Alcoholics Anonymous meetings and Rehab for his drinking problem.
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The respondent, Hircock, had sustained injuries as a result of a motor vehicle accident negligently caused by an employee of Drifter's Adventure Tours, the appellant, while she had been a passenger on a tour arranged by Drifter's. She claimed damages. Drifter's declared that it was excluded from such liability on the basis of an indemnity form signed by Hircock before the tour. The front of the form had a wide indemnity clause and a statement that the conditions on the reverse had been read, fully understood and accepted.
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Norelf sold the cargo at a loss, and then claimed damages ($950,000) from Vitol for breach of contract. The arbitrator held that Vitol's telex was an anticipatory breach of contract, but Norelf's failure to take further steps to perform the contract was sufficient communication to Vitol that they had accepted the repudiation. Vitol's appeal was dismissed in the High Court by Phillips J. But it succeeded in the Court of Appeal, who held that a mere failure to perform contractual obligations could not constitute acceptance of the repudiation. Norelf appealed to the House of Lords.
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Civil litigation for claimed damages can be more equitably decided when the circumstances leading to the injury have been identified. The ability to provide documentary evidence showing that correct procedure was followed can simplify the investigation and may lead to more accurate and reliable findings. Equipment, procedures, organization, environment, individual factors and interactions between them are the sources of contributing and compounding events and conditions. Analysis of near accidents can be of great value to identify sources of error and allow planning to reduce or eliminate contributing and compounding conditions.
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The statute followed the unanimous decision in Darcy v. Allein 1602, also known as the Case of Monopolies,(1602) 11 Co. Rep. 84b of the King's bench to declare void the sole right that Queen Elizabeth I had granted to Darcy to import playing cards into England. Darcy, an officer of the Queen's household, claimed damages for the defendant's infringement of this right. The court found the grant void and that three characteristics of monopoly were (1) price increases, (2) quality decrease, (3) the tendency to reduce artificers to idleness and beggary.
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This proved to be his final fight. McCormick claimed that throughout his career he was never knocked out, and claimed damages in 1938 after an article in The People which was reproduced in the book Giants on Parade implied that he had been knocked out by Jimmy Wilde in their early sparring encounter before McCormick turned professional. He won the case and was awarded £1,050 damages. After retiring from boxing he found work as a travelling salesman and boxing instructor, also acting as a referee in several bouts.
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Lee was later acquitted by the Supreme Court of South Korea because of insufficient evidence. Patterson was convicted for possession of weapons and abandoned his appeal but was released from prison after his sentence was stopped. In the midst of this, the Ministry of Justice (Republic of Korea) did not extend the foreign travel ban for Patterson, three days before the foreign travel ban began he decided to depart to the United States making further investigation difficult. The family of Jo Jong-pil claimed damages against the country for being negligent during the first and second trial.
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The standard tort for personal injuries is that of negligence, which has a three-year statute of limitations, and Letang instead claimed damages under the tort of trespass to the person. In his judgment, Denning stated that the tort of trespass could only be used if the injury was inflicted intentionally; if it was unintentionally, only negligence could be used.Hodge (2004) p.2 In Spartan Steel and Alloys Ltd v Martin & Co. Ltd [1973] 1 QB 27 in 1973 he delivered a leading judgment on the subject of the recovery of pure economic loss in negligence.
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The Plaintiff in the case are bringing their case to the United States judicial district because DRC contains no law for them to seek reparation against cobalt consumers functioning outside of the DRC. The parties on the side of the Plaintiff would be compromising their safety due to the governmental conditions present in the Democratic Republic of Congo. Due to the human rights forum provided under the 2013 Trafficking Victims Protection Reauthorization Act. Due to the claimed damages made towards the Plaintiff taking place in the United States, they do not have the ability to contest their claims in the DRC.
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On 19 November 2013, Ibrahim Ali was fined RM20,000 and jailed one day by the High Court of Kuala Lumpur after being held in contempt of court over an article in the Perkasa website which made disparaging remarks about Justice VT Singam, who had presided over a defamation suit in which opposition leader Anwar Ibrahim had successfully claimed damages for libel against the pro- establishment mouthpiece Utusan Malaysia. The author of the offending article was sentenced to four weeks' jail.Chi, Melissa (19 November 2013) Ibrahim Ali held in contempt over blog post. The Malay Mail Online.
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Elsa Asenijeff was completely isolated, had no connection to her Viennese relatives, and her daughter Désirée, who spent some time in Leipzig for the funeral of her father in 1920, did not make any closer contact with her. Lease debts eventually led to admission to the Psychiatric Clinic of the University of Leipzig. Her incapacitation considered her a fraud and claimed damages because she still considered herself one of the greatest female writers. A two-year stay in the Leipzig-Dösen hospital, followed in 1926 by the transfer to Hubertusburg and finally as "not gemgemefährlich" in the supply Colditz.
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In February 2009, it was reported that former 'star teacher' and business partner Karsten Oten Fan Karno, better known as "K. Oten", was in dispute with KGEC following his departure from the company to work for Modern Education. His employer terminated his contract in April 2006 when they discovered several breaches of contract.Yvonne Tsui, Teacher to pay $8m to school, page C1, South China Morning Post, 16 July 2009 KGEC claimed damages of HK$10 million citing breach of contract, including collection of personal data from students, and taking up employment with a rival establishment within one year of his termination.
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The trust established a private finance initiative contract with Three Valleys Healthcare for the £75 million Roseberry Park Hospital in Middlesbrough, a 312-bed hospital built by Laing O'Rourke. It required payment of a total of £321 million to the company until 2039-40. Three Valleys Healthcare Holdings, the parent company went into administration in 2017. In June 2017 it issued a "termination notice" because of building defects and problems with the fire safety system and claimed damages because of missed targets by the hard facilities management service, delivered by Carillion, and costs incurred by the construction problems.
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Because the spill had been largely lingering offshore, the plaintiffs who claimed damages at that time were mostly out-of-work fishermen and tourist resorts that were receiving cancellations. BP and Transocean wanted the cases to be heard in Houston, seen as friendly to the oil business, but the plaintiffs requested the case be heard in Louisiana, Mississippi or Florida. Five New Orleans judges recused themselves from hearing oil spill cases because of stock ownership in companies involved or other conflicts of interest. BP has retained law firm Kirkland & Ellis to defend most of the lawsuits arising from the oil spill.
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The plaintiff, under an arrangement with the defendant, left his car at the latter's garage each day at a monthly charge. The defendant undertook to dust the car each day and polish it once a month. Inside the garage was a notice—"Cars garaged at owner's risk"—of which the plaintiff was aware. The car having been removed from the garage by a person employed by the defendant to look after the cars in the garage, and having been severely damaged in a collision with a building, the plaintiff claimed damages for breach of the defendant's obligation to keep the car safe in the garage.
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In 1997, he was implicated in a judicial case for fraud in sexual matters and induction to prostitution: he was arrested, but was discharged as the case was filed, and Sabani claimed damages. That was an abrupt halt to a blooming career, that made him from the early 80s one of the most popular artist of the Italian TV. (translated from La Repubblica of 5 September 2007) On 4 September 2007, just 31 days before he would have turned 55, he died of myocardial infarction while visiting his sister. His fiancée, actress Raffaella Ponzo, found out days later that she was pregnant with his child. She gave birth to his son on 19 May 2008.
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Other related actions with substantially similar allegations against Apple and other Defendants were filed in the District of Puerto Rico and the Northern District of Alabama. The complainants petitioned the court for a ban on the "passing of user information without consent and monetary compensation," claimed damages for breach of privacy, and sought redress for other enumerated claims.Order Granting Defendants' Motions To Dismiss For Lack Of Article III Standing With Leave To Amend, In Re iPhone Application Litigation, case 11-MD-02250-LHK, September 20, 2011. The Consolidated Complaint contains eight claims: (1) Negligence against Apple only; (2) Violation of Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030; (3) Computer Crime Law, Cal.
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This came before Truro County Court in April 1993 and was heard by Judge Anthony Thompson QC. The Arthur's sought to obtain aggravated and exemplary damages for malicious falsehood and tortious interference with their car. Mr Anker pleaded, by way of defence, that Mr Arthur had trespassed in the car park and that he was entitled therefore to fit the clamp the notices warning of such had been seen by Mr Arthur who had effectively consented to the action. Mr Anker also claimed damages in respect of the assault by Mrs Arthur. Judge Thompson found that Mr Arthur had been a trespasser from the outset and had importantly seen and understood the consequences of the warning signs.
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For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages.
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Tsatsi claimed damages for defamation from National Education, Health and Allied Workers' Union (NEHAWU), alleging vicarious liability for certain defamatory statements contained in a report prepared by its branch secretary (the second appellant in this case) and distributed to members in attendance at a NEHAWU general meeting held at the Johannesburg Magistrate's Court. The branch secretary was the senior interpreter at the court, and Tsatsi its manageress. After the meeting, certain court staffers, unaffiliated with NEHAWU, came into possession of copies of the report, and thus of two allegedly defamatory statements: # that Tsatsi "embraces fraudsters"; and # that she "unleashes unprecedented harassment" upon court staff. The appellants, NEHAWU and its branch secretary, denied that the statements were defamatory; in addition, they claimed qualified privilege.
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Murray instituted action in the High Court in which he claimed damages for loss of income consequent upon his alleged constructive dismissal from the South African Navy, because its "continual unfair and ill-treatment" of him over a period of some two and a half years had left him with no alternative but to resign from his post. The Navy's response to the operational conundrum involving the appellant had been to offer him, immediately prior to his resignation, an alternative post at Naval Headquarters in Pretoria. The Navy made no effort, however, to explain the job to the appellant, and so he rejected the offer. Had Murray been covered by the LRA, he would have had specific remedies in terms of the Act.
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His sense of humour was also commented on, as when he elicited much laughter during a court case where a creamery claimed damages from a defendant, describing the process of negotiation for a settlement of the dispute, by saying that during the negotiations between the defendant and the Creamery managers “there was so much peace during all the deliberations that the words ‘good graces’ must have slipped in!” The Kerryman, Monday, November 24, 1924. He was himself taken to court on one occasion for alleged arrears in payment of income tax of £4-16s, however the case was dismissed as the arrears pertained to the previous occupant of his house in Basin View, Tralee, and not to himself.The Kerryman, Saturday, December 15, 1928.
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In September 4, 1995, the first episode of Robinson Sucroe (), a work produced by Cinar, France Animation S.A. and Ravensburger Film + TV GmbH, was broadcast on Le Canal Famille in Quebec. Robinson perceived that Sucroë was a blatant copy of Curiosity, and subsequently discovered that Cinar, together with several of its principals, were also involved in its production. Robinson and Nilem commenced an action for copyright infringement against Cinar, its principals, and other parties connected with the production of Sucroë. They also claimed damages under the rules of extra-contractual liability contained in the Civil Code of Quebec, contending that Cinar and its principals had breached their obligations of good faith and loyalty, and that in doing so they knowingly caused damages to Robinson and Nilem.
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An agreement was reached between the defendant and the plaintiff, acting in his capacity as father and natural guardian of his minor daughter, that the marriage would subsequently be registered according to the laws of South Africa. After their Hindu marriage, the minor (a virgin), in anticipation of their civil marriage, allowed the defendant to have sex with her. The defendant subsequently repudiated his obligation to register the marriage, and the plaintiff claimed damages for seduction and breach of promise to marry. The court found that the fact that the defendant's father and the plaintiff had negotiated the terms of the marriage in accordance with Hindu custom did not have the result that no privity of contract existed between the minor and the defendant.
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In the Transvaal Provincial Division, Skosana had successfully claimed damages on behalf of herself and her minor children resulting from the death of her husband, "T," in the following circumstances. T, whilst heavily under the influence of intoxicating liquor, had driven his motor car off the road and landed in a ditch, as a result whereof he, together with Skosana and two other passengers, had been injured. The passengers had been removed in an ambulance, but "T" had been removed in a police van to the charge office and from there to the consulting rooms of the district surgeon, who had performed a clinical examination and taken a blood sample. At that stage, "T" had only complained of a pain in the chest.
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It appears that a contract was let for in late 1919 or early 1920 with a builder, D. M. Mitchell. By April 1920 the project had come to a halt due to the tardiness of the Water Board in relaying drains in the vicinity of the site. The Builder claimed damages for the delay but the claim was waived after a restructured contract had been agreed to in which Mitchell would not claim his 7.5% fee on the amount that the contract exceeded . To counter the extreme topography of the site bisecting the ridge between Millers Point and The Rocks, the cellars for the new building were cut to the level of Gloucester Street, effectively destroying the bulk of the archaeological evidence of any previous subdivisions and earlier buildings.
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Demurrage totalled only $150,000, so the owners claimed damages for their full losses, saying they should not be limited to the demurrage terms because the charterer's gross delays amounted to fundamental breach. The House of Lords boldly held that Karsales v Wallis had overstated the law, and that whether or not a fundamental breach extinguishes any protection that the defendant might rely on was a "question of construction" and not a "question of law". Although the demurrage clause was so absurdly low that it amounted to an exemption clause, nevertheless its existence plainly showed that the parties had contemplated the possibility of delay, so delays would not amount to fundamental breach. After the Suisse Atlantique decision, there was a series of cases where the Court of Appeal patently ignored the House of Lords' findings.
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The plaintiffs claimed that the damage was a consequence of the block having been built on inadequate foundations, there being a depth of two feet six inches only as against the three feet or deeper shown on the plans and required under the bylaws. The plaintiffs claimed damages in negligence against the council for approving the foundations and/or in failing to inspect the foundations. At the hearing at first instance the plaintiffs' case failed on the basis that it was statute barred as the cause of action arose on the first sale of a maisonette by the owner, more than six years before an action was commenced. The Court of Appeal allowed the appeals on the basis that the cause of action arose when the damage was discovered or ought to have been discovered.
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In 1865, General John Bidwell backed a petition from settlers at Red Bluff, California to protect Red Bluff's trail to the Owhyhee Mines of Idaho. The U.S. Army commissioned seven forts for this purpose, and dispatched a Major Williamson in April to explore a site for a fort in either Goose Lake Valley or Surprise Valley, from which he selected a site near Fandango Pass at the base of the Warner Mountains in the north end of Surprise Valley, and orders to build the fort were issued on June 10, 1865. Although Surprise Valley settlers desired Army protection, ranchers dispossessed of lands for the fort complained, and claimed damages from the Army. The fort was built in 1865 amid escalating fighting with the Snake Indians of eastern Oregon and southern Idaho.
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Former site of Mort's Dock, Balmain, New South Wales. The Privy Council found in favour of the defendant, agreeing with the expert witness who provided evidence that the defendant, in spite of the furnace oil being innately flammable, could not reasonably expect it to burn on water. The Board indicated Morts would probably have been successful if they had claimed damages for direct damage by the oil to the slipway but this was minor and not part of the damages claimed (although success on this count may have saved Morts Dock and Engineering the costs of all the litigation for both parties across all three levels of court). Viscount Simonds, in his delivery for the Privy Council, said that the Counsel for Morts had discredited their own position by arguing that it couldn't have been bunkering oil because it wouldn't burn on water.
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Egypt asked Israel to include the nine Palestinians women prisoners that were not released from Israeli prison during the first phase. Eventually it was agreed that Israel would release six women prisoners. Hours before the release, clashes broke outside of Israeli Ofer prison, between the Israeli security forces and the families of Palestinians prisoners who were expected to be released in the swap deal, due to the late hour of the release, which they claimed damages the festivities, as well as the fact that most of the prisoners list is made up of prisoners that were expected to be released soon anyway (300 were supposed to be released within a year). Prior to the swap deal, Netanyahu was under pressure to make gestures toward Mahmoud Abbas during the second phase of the swap deal, because in the first phase Hamas prisoners were released and not Fatah.
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Dabit claimed that Merrill Lynch had manipulated stock prices by disseminating misleading research, and consequently using its misinformed stockbrokers to artificially inflate the value of its investment banking clients' stock. In this alleged scheme, the research analysts issued unrealistically optimistic reports upon which the brokers relied in advising their clients and in deciding whether to hold on to their own stock, and that both the clients and brokers held on to their stock long past the point at which they would have sold if they had accurate information. By the time the truth was revealed around the time of the Attorney General's investigation, the price of the stocks had plummeted, causing the stockholders to lose value and the brokers to lose commissions when their misinformed clients took their business elsewhere. Dabit's complaint claimed damages on behalf of himself and all class members against Merrill Lynch under Oklahoma state law for breach of fiduciary duty.
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A reduced amount of $20 million was awarded to the Falcons in binding legal arbitration, which Vick disputed. The sides agreed to reduce the amount to between $6.5 and $7.5 million. The bankruptcy court was advised of this Vick-Falcons settlement agreement on April 3, 2009. On September 20, 2007, the Royal Bank of Canada filed a civil lawsuit in the U.S. District Court in Newport News against Vick for more than $2.3 million over a loan tied to real estate. The suit claimed Vick failed to meet a September 10 deadline to repay. On May 7, 2008, the court granted a motion for summary judgment against Vick for default and breach of a promissory note and ordered him to pay the bank more than $2.5 million. On September 26, 2007, 1st Source Bank, based in South Bend, Indiana, claimed damages of at least $2 million in a federal lawsuit, alleging Vick and Divine Seven LLC of Atlanta refused to pay for at least 130 vehicles acquired to be used as rental cars.
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If a claim arises in a new context to Bivens, then some special factor must be identified that makes the judiciary better suited than the legislature to deciding that there is a new cause of action. The Court first found that the claims regarding the federal government's detention policy were in a new context because they bore little resemblance to familiar Bivens claims. Next, the Court found that there was no special factor calling for judicial intervention, highlighting that the claimed damages regard national security decisions by high level Executive Branch officials in response to a terrorist attack, that there was Congressional silence in response, and that alternative relief was available to the detainees through an injunction or the writ of habeas corpus. As such, the detainees could not sue the federal officials. The Court next found that the claims of detainee abuse against MDC Warden Hasty were in a new context to Bivens because prior precedent regarded the prison abuse of convicted felons in violation of the Eighth Amendment, rather than the detainees’ claims under the Fifth Amendment.
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