Then the seller would not return the deposit, claiming damages.
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Over 300 victims are claiming damages as part of the trial.
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Bayer suffered a similar defeat last month and more than 13,000 plaintiffs are claiming damages.
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Bayer suffered a similar defeat last month, while more than 13,000 plaintiffs are claiming damages.
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Bayer suffered a similar courtroom defeat last month and more than 11,000 plaintiffs are claiming damages.
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Bayer suffered a similar defeat over the weedkiller last month, while more than 13,000 plaintiffs are claiming damages.
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If these cases succeed in claiming damages for being nationalized by the Chávez regime, Maduro's main lifeline could be cut off.
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Around 40,000 consumers have expressed interest in joining the lawsuit before a statute of limitations on claiming damages expires this year, vzbv said.
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The victims of the "Sixties Scoop" began suing the Canadian government in 2010, claiming damages for the loss of their language, culture and identity.
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Facing shareholders for the first time since the scandal erupted in November, Saikawa said Nissan would discuss the possibility of claiming damages against Ghosn.
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He filed a lawsuit against the U.S. government in federal court claiming damages to his and neighbors' homes and businesses from the reservoir releases.
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Facing shareholders for the first time since the scandal erupted in November, current CEO Saikawa said Nissan would discuss the possibility of claiming damages against Ghosn.
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The lawsuit follows a surge in litigation around the world demanding action or claiming damages over the impact of climate change - from rising sea levels to pollution.
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In the first case, the government is claiming damages from Toll Collect and its consortium for the late introduction of the truck toll and for contractual penalties.
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Fourteen parents had sued the government claiming damages of 9 million yen ($82,900), arguing that having no legal framework to ensure proper access to children was unconstitutional.
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In January 2018, Ms. Tirschwell sued TCW, Mr. Ravich and Mr. Lippman for retaliation, gender discrimination and breach of contract, claiming damages in excess of $30 million.
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The lawsuit follows a recent surge in litigation around the world demanding action or claiming damages over the impact of climate change - from rising sea levels to pollution.
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PIRC also urged investors to vote for a resolution instructing Danske's board to look into claiming damages from some members of the audit committee, risk committee and executive board.
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Muzykiewicz, however, said claiming damages is complicated and only accessible to farmers like him with larger holdings and able to hire experts to show the link between mining and losses.
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" Both people are also claiming damages from Apple because they said the company's actions caused them to suffer "economic damages and other harm for which they are entitled to compensation.
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Covered by a bilateral trade and investment agreement between New Delhi and Tokyo, Japanese automaker Nissan is the latest company to sue India, claiming damages of over $770 million in unpaid tax incentives.
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Meanwhile, litigation risks are piling up with the number of plaintiffs claiming damages over the alleged role of Monsanto's popular weedkiller Roundup in causing cancer jumping to 11,200 from 9,300, Bayer's results statement showed.
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Wiese, best known for transforming grocery retailer Shoprute from just six shops in the 1970s to hundreds of stores across Africa, said in a statement he was open to working with shareholders claiming damages against Steinhoff.
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The companies have issued fixes but some patches slowed down computers, leading sector analysts to say producers could potentially face suits from clients and consumers claiming damages because their devices did not work as they should.
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Staveley's private equity group PCP Capital Partners is claiming damages for alleged fraudulent misrepresentation in a row over whether Barclays offered Qatar and Abu Dhabi investors the same deal terms for participating in a fundraising in 2008.
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AOT Holdings, a Swiss company that owns an energy trading subsidiary, filed the class action complaint late on Wednesday in U.S. District Court's Central District of Illinois Urbana Division, claiming damages from ADM's actions of up to $6.33 million.
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SEOUL, May 15 (Reuters) - Lone Star has lost a lawsuit claiming damages of $1.443 billion against South Korea's Hana Financial Group Inc with regard to the U.S. firm's buy of Korea Exchange Bank in 2012, a Hana spokesman said on Wednesday.
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Staveley's private equity group PCP Capital Partners is claiming damages for alleged fraudulent misrepresentation in a civil case lodged at London's High Court in January that sheds light on how Abu Dhabi and Qatari sheikhs helped bail Barclays out nearly eight years ago.
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January 25 – An Italian court bars Bank of America from claiming damages resulting from Parmalat's bankruptcy. The bank may still file as a damaged civil party if a future trial occurs.
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The business went bankrupt.Bard, Christine. La championne Violette Morris perd son procès en 1930 . musea.univ-angers.fr In 1930, she unsuccessfully sued the FFSF, claiming damages, as she could no longer earn wages competing as an athlete.
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On January 7, 2019, the woman, who suffered multiple injuries from the attack and had undergone surgery to repair a broken arm, filed a lawsuit against Rockwell in Los Angeles for personal injury, claiming damages exceeding $25,000.
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In December 2010 Mohammed Hussein Ali Al Amoudi initiated a claim in the English High Court against Elias Kifle claiming damages for libel. In July 2011 Kifle was ordered to pay £175,000 in damages for publishing false information.
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This area of Atalanti was named, Sinoikismos. In 1926, the "Refugee Association of Atalanti and Suburbs" was founded. Its main objectives were claiming damages, issuing identity documents to the refugees, offering help with finding jobs and offering general support.
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This caused a delay of more than a year in constructing the mall and Meqarqee Mercaz sued the residents, claiming damages of approximately $3–5 million from them."Article: Mall delay causes damages claim. (Meqarqee Mercaz Ltd. sues Ramat Aviv residents who delayed construction)".
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Securefin instituted an action in the High Court, claiming damages from KPMG for breach of contract. KPMG denied Securefin's interpretation of the contract. After a separation of issues, the High Court heard oral evidence. Much of the evidence dealt with the interpretation of the contract.
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He returned home and practiced law in Huntington, Indiana, where he later filed a civil suit claiming damages for the military arrest and trial. On May 30, 1871, the jury found in Milligan's favor, but federal and state statutes limited the award for damages to five dollars plus court costs.
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The ECJ held that Von Colson could not demand that the employer appoint her. The member states could fulfill their obligations to provide a remedy in several ways, including either specific performance or claiming damages. Either one would provide an effective remedy to comply with the obligation. This discretion prevented the obligation being directly effective.
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According to a Network 18 report, "Pehli Nazar Mein" and "Zara Zara Touch Me" were directly copied from the Korean song "Sa Rang Haeo" of korean series Sassy Girl and Leehom Wang's "Deep Within a Bamboo Grove". Sony BMG Taiwan has issued a legal letter to Tips Industries claiming damages for the song "Zara Zara Touch Me".
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In January 2011, Matthew Butcher was compensated A$3.3 million from the West Australia government for continuing medical treatment, loss of earnings and trauma sustained by the incident. Robert Macleod filed a lawsuit against Butcher, claiming damages for "wrongful battery" relating to the police use of a Taser on him during his arrest. This action was withdrawn in 2015.
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Nevsun SCC at para 7. As the majority owner of BMSC, Nevsun was the parent company of BMSC and BMSC was Nevsun's subsidiary. Several former labourers at the Bisha Mine came to Canada as refugees. In November 2014, they brought a class action against Nevsun in the Supreme Court of British Columbia claiming damages in tort and for breach of customary international law.
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In March 2018 it was reported that Freelancer is facing another complaint with the OAIC. Claiming damages over $60,000 a complainant from the European Union alleges Freelancer's conduct in regard to privacy is in violation of Australian and European privacy legislation alike, a fact that would affect all of Freelancer's European customers, according to the complaint. Freelancer has not commented on the allegation.
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If the breach is not fundamental, then the contract is not avoided and remedies may be sought including claiming damages, specific performance, and adjustment of price.Articles 45, 46, 47, 48, 50, 51, 52, 61, 62, 63, 65, 74, 75, 76, 77. Damages that may be awarded conform to the common law rules in Hadley v BaxendaleHadley v Baxendale (1854) 9 Exch 341.
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47 However, section 69 of the Enterprise and Regulatory Reform Act 2013 repealed this right of action. This prevents a claimant for claiming damages against an employer for contravention of an absolute duty. Instead, they must now prove that the employer was negligent as with other torts. A similar right of action exists in Scotland through the law of delict.
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Denning gave the leading judgment in Letang v Cooper [1964] 2 All ER 929 in 1964. Mrs Letang, on holiday in Cornwall, decided to lie down and rest in grass outside a hotel. Cooper drove into the hotel car park and, not seeing Letang, ran over her legs. More than three years after the events, Letang brought a tort case against Cooper, claiming damages for her injuries.
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In 1951, Empire Charmian was sold to Vergottis Ltd, London and renamed Vercharmian. On 26 July 1960, crewmember Fernando Davila was injured when he fell through an open hatch on the forecastle of Vercharmian. He sued in the United States Court of Appeals for the Fourth Circuit claiming damages for injuries suffered when he fell through the hatch. The claim was denied and an appeal was unsuccessful.
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The Ice Hockey Superleague issued a high court writ claiming damages of up to £10m from the company, after its £1m-a-year TV deal was cancelled at short notice. The Superleague settled out of court for an undisclosed sum. Premium TV was spun-out of NTL's UK cable operations and into NTL Europe Inc. in 2002, as part of a rescue plan devised by Barclay Knapp.
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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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In December 2010 Al Amoudi initiated a claim in the English High Court against Elias Kifle of the Washington, D.C.-based Ethiopian Review claiming damages for libel. In July 2011 Kifle was ordered to pay £175,000 in damages for publishing false information. The Ethiopian Review had also repeated unwarranted material relating to his family and to matters previously dealt with in the Al Amoudi v. Brisard case of 2005.
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The court reasoned that such a claim implies that the life of a disabled person is less valuable than that of a non-disabled one. Therefore, claiming damages for one's life as such violates the human dignity principle codified in the first article of the German Basic Law.BVerfGE 88, 203 (296). Nevertheless, the German Federal Court stuck to its previous practice of granting to suffered families indemnification in form of living expenses for a child.Vgl.
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Nine lives were lost when one of Oceana's lifeboats capsized, but the other 241 passengers and crew were rescued. Oceana sank but Pisagua survived with severe damage to the bow and foremast. P&O; sued Laeisz, claiming damages for the loss of Oceana. Judgement was given that Pisagua was not at fault, due to a combination of factors, including that the obligation was on Oceana to give way to Pisagua under the "steam gives way to sail" rule.
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In March 2011, seven plaintiffs filed a federal class-action lawsuit against the U.S. government claiming damages for the Guatemala experiments. This case argued that the United States was at fault due to not asking for consent. This lawsuit asked for money to compensate for medical damages and livelihood because most of the families were living in poverty. The case failed when a judge determined that the U.S. government could not be held liable for actions committed outside of the U.S.
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Thompson also related that KKK leaders showed great concern about a series of civil lawsuits filed by the Southern Poverty Law Center, claiming damages amounting to millions of dollars. These were filed after KKK members shot into a group of African Americans. Klansmen curtailed their activities in order to conserve money for defense against the lawsuits. The KKK also used lawsuits as tools; they filed a libel suit in order to prevent the publication of a paperback edition of Thompson's book, but were unsuccessful.
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On February 6, 1963, petitioner, a citizen of Ohio, filed her complaint in the District Court for the District of Massachusetts, claiming damages in excess of $10,000 for personal injuries resulting from an automobile accident in South Carolina, allegedly caused by the negligence of one Louise Plumer Osgood, a Massachusetts citizen deceased at the time of the filing of the complaint. Respondent, Mrs. Osgood's executor and also a Massachusetts citizen, was named as defendant. The Massachusetts rule at the time required personal service of process on the executor of an in-state defendant, while Fed.
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Although insured for NOK 318,000, she was subsequently condemned and written off at a loss to her owners. After the sinking, P&O; sued Laeisz, claiming damages for the loss of Oceana. Judgement was given that Pisagua was not at fault, due to a combination of factors, including that Oceana was obliged to give way to Pisagua under the "steam gives way to sail" rule. The subsequent Board of Trade Inquiry, which reported on 13 July 1912, reached similar conclusions, suspended the chief officer's certificate of competancy for six months and censured the master.
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In December 2010 Mohammed Hussein Ali Al Amoudi initiated a claim in the English High Court against Elias Kifle claiming damages for libel. In July 2011 Kifle was ordered to pay £175,000 in damages for publishing that Al Amoudi had hunted his daughter down so she could be stoned to death. Kifle's response to the verdict was, "Here is my formal statement: Screw yourself" and went on to describe Al Amoudi as a "scumbag bloodsucker" who was "funding al-Qaeda". In 2012, Kifle was charged in absentia of treason and sentenced to life in prison.
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He also says that "Joy Loban, DC, executor of DD's estate, voluntarily withdrew a civil suit claiming damages against B.J. Palmer, and that several grand juries repeatedly refused to bring criminal charges against the son." They had become bitter rivals over the leadership of chiropractic. B.J. Palmer resented his father for the way he treated his family, stating that his father beat three of his children with straps and was so much involved in chiropractic that he hardly knew his children. D. D. claimed that his son B. J. struck him with his car.
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It was designed by architectural firm P.G. Patki and Associates and is counted among the better planned malls in the city. At the time, it claimed to be the biggest mall property in South East Asia, housing Mumbai's largest food court. In 2008, the mall was retrofitted for energy efficiency by Johnson Controls Inc under the Clinton Climate Initiative (CCI). The property was part of a civil suit, filed in 2008 by industrialist Nusli Wadia, owner of the land which was leased to K Raheja Corporation claiming damages for violation of the said lease.
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No compromise was reached, however, and on 5 September former additional solicitor general Amrendra Sharan was appointed to look into the dispute. On 10 September, Bhutia filed defamation charges, claiming damages of 10 million, against Mohun Bagan for "trying to tarnish his reputation". Bhutia was granted interim relief on 26 September, but the case between Mohun Bagan and Bhutia is set to continue until a final verdict is reached. On 4 November, it was revealed that Mohun Bagan had approached football's governing body FIFA to intervene in the dispute with Bhutia.
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The courts exonerated B.J. of any responsibility for his father's death. Chiropractic historian Joseph C. Keating, Jr. has described the attempted patricide of D. D. Palmer as a "myth" and "absurd on its face" and cites an eyewitness who recalled that D.D. was not struck by B. J.'s car, but rather, had stumbled. He also says that "Joy Loban, DC, executor of D.D.'s estate, voluntarily withdrew a civil suit claiming damages against B.J. Palmer, and that several grand juries repeatedly refused to bring criminal charges against the son." Weeks later D. D. Palmer died in Los Angeles.
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A related action in the British courts was taken to the Supreme Court of the United Kingdom in March 2013, causing the court to hold a closed hearing for the first time. In June 2013, the Supreme Court ruled that the UK government's sanctions on the bank had been unlawful with one justice stating that targeting Bank Mellat was "irrational and disproportionate". Bank Mellat is claiming damages from the UK government for the loss of business between 2009 and 2013. The damages hearing was scheduled for June 2019, with Bank Mellat seeking damages of $1.7 billion.
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A remedy is "the means given by law for the recovery of a right, or of compensation for its infringement".Law Dictionary (10th ed) - E.R.Hardy Ivamay - Butterworths Most remedies are available only from the court, but some are "self-help" remedies; for instance, a party who lawfully wishes to cancel a contract may do so without leave;Misrepresentation Act 1967 s.2 and a person may take his own steps to "abate a private nuisance". Formerly, most civil actions claiming damages in the High Court were commenced by obtaining a writ issued in the Queen's name.
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Mackie denied the claims saying he was in Kalgoorlie for an extended business trip. Later the same year the Reverend Sopher, his wife and five children arrived at Madura to set up a home and school for Aboriginal children under the auspices of the Australian Aborigines Evangelistal Mission. A few months later Mrs Sopher was badly burnt when a spark from the oven set her dress alight, she then had to endure the long trip to Norseman hospital for treatment. In 1950 the mission was issued a writ claiming damages for breach of contract on behalf of Madura Ltd.
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In 2017, Raiford filed a countersuit claiming damages of $500,000, claiming she was "signaled out for her outspokenness against police violence" and claiming officers made disparaging comments as they arrested her. The case was dismissed by a judge in 2019. In June 2020, Don't Shoot Portland filed a class-action lawsuit against the City of Portland for seeking a temporary restraining order to force the Portland Police Bureau from using tear gas in the city. Don't Shoot Portland also published an in-depth report on Riot Control Agents, describing the irreparable harm caused by RCAs during the COVID-19 pandemic.
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Garrett and her parents signed a one-year contract with Exotique Label on 1 November 2009, and while the contract still stood after Thea won the contest, her father contacted label manager Grace Borg to dissolve the contract. Borg opened a lawsuit against the Falzon Garrett family, as well as against PBS. Eventually the suit was transferred onto Thea, and she was slapped with an €18,000 garnishee order, just before she flew to Oslo for her first rehearsals. In May 2010, Grace Borg and Andrea Milana filed a lawsuit against Public Broadcasting Services, the national television broadcaster, claiming damages for a breach of their exclusive rights over Thea Falzon Garrett.
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The co-location scandal came to light when the NSE filed a defamation suit on 21s July 2015, claiming damages of Rs.100 crore in the Bombay High Court against Moneylife, to stop the publication and circulation of the article. However, the court dismissed the case and asked the NSE to pay Rs.1.5 lakh each to journalists Debashis Basu and Sucheta Dalal. The court also imposed a penalty of Rs.47 lakh on the NSE to be paid in the form of a donation to Masina Hospital and Tata Memorial Hospital in Mumbai. The court also ordered SEBI to investigate the charges levelled by the whistle-blower.
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Price drops out of lawsuit in Montana In Illinois, former school teacher Deborah Netter dropped her Illinois lawsuit against Mortenson in early July 2011, and joined the Montana lawsuit in mid- July.Illinois Woman Joins Lawsuit Against Mortenson KBZKWashington Times - Woman Drops out of Three Cups of Tea Lawsuit Washington Times, July 7, 2011Illinois Woman Drops Lawsuit Against Mortenson Missoulian The Montana lawsuit was dismissed on April 30, 2012.Mont. judge dismisses lawsuit against ‘Three Cups of Tea’ author Greg Mortenson, publisher Washington Post, April 30, 2012 In October 2013, an appeal of the dismissal of the class-action lawsuit claiming damages against Greg Mortenson over Three Cups of Tea was rejected by the 9th Circuit Court of Appeals.
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EuroChem had previously said it was claiming damages of $800m (£500m) from its supplier Shaft Sinkers, which is 48% owned by IMR, following problems with a $2bn Russian potash mining project. In the new case, the fertiliser group alleges that an IMR executive bribed a EuroChem employee with hundreds of thousands of roubles to cover up the alleged ineffectiveness of Shaft Sinkers' work. It also claims IMR facilitated the concealment of a report that questioned whether Shaft Sinkers's sealing technology could be effective on the potash project. EuroChem obtained an interim freezing order covering more than €886.5m of assets belonging to International Mineral Resources (IMR), a company owned by the founders of ENRC.
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The Air Force Legal Operations Agency (AFLOA) includes all senior defense counsel, senior trial counsel, and appellate defense and government counsel in the Air Force, as well as all Air Force civil litigators defending the Air Force against civil law suits claiming damages and seeking other remedies in contracts, environmental, labor, and tort litigation. The agency includes numerous field support centers to include Tort Claim, Environmental Law, Labor Law, Commercial Litigation, Contract Law, Medical Law, and Accident Investigation Board. It also includes the utility litigation team, the Medical Cost Reimbursement program, and the Air Force Claims Service Center. The agency also includes the Judge Advocate General's school and the Information Systems Directorate.
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Bilonick Paredes passed millions of dollars in bribes to deposed Panamanian leader Manuel Noriega in the 1980s in exchange for the ability to fly planes packed with tons of cocaine from Panama to the United States. Bilonick netted $47 million for providing drug smuggling and money laundering services over a four-year period. More than a year after his arrest, while still in prison, Porter filed a $150 million lawsuit against the Republic of Panama, claiming damages incurred from his arrest and imprisonment in the country. That suit cited Panamanian Law 2502, which states that if a person being sought for extradition does not face a hearing within 60 days of their detention, they are to be freed.
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Thuraisingam represented an ex-financial services director, Ramesh Krishnan, in successfully claiming damages of more than SG$3 million against AXA Life Insurance Singapore resulting from AXA providing a bad reference that cost Ramesh his new job. Thuraisingam also convinced the Court of Appeal to order a review of its own decision two years ago. The Court of Appeal had overturned a trial judge's acquittal of Ilechukwu Uchechukwu Chukwudi, a Nigerian convicted of the capital offence of drug trafficking in Singapore. After reviewing its decision to convict Ilechukwu, the Court of Appeal sent the case back to the trial judge who had originally acquitted Ilechukwu for that judge to evaluate new evidence.
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Nam Tai then issued the proceedings in the British Virgin Islands court claiming damages against Mr Hague and his firm for negligent conduct of the liquidation. Nam Tai sought the leave of the court ex parte (which was granted) to serve the proceedings out of the jurisdiction on Mr Hague and his firm. Mr Hague and PricewaterhouseCoopers then applied to the court to set aside the leave to serve out on two grounds: firstly, on forum non conveniens grounds on the basis that Hong Kong was the more appropriate jurisdiction, and secondly on the basis that the claim, as pleaded, did not disclose a "serious issue to be tried" as required by the Civil Procedure Rules.CPR Part 7.3(4), paragraph 15.
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As Sylvan Arrow was light and drew only 4 feet 6 inches forward because her forward tanks were being steamed, the tanker began to drag her anchor and to drift down upon the W. I. Radcliffe broadside on. Due to ships being very close to each other, very little could be done to prevent a collision, and Sylvan Arrow struck W. I. Radcliffe with her starboard side inflicting serious damage to the bow of the British vessel. An inquiry into the accident was held on December 26 of the same year and found Sylvan Arrow to be solely responsible for the incident. In May 1919 Wynnstay Steamship Co., owners of W. I. Radcliffe, filed a libel suit against Sylvan Arrow claiming damages in the amount of 65,000.
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William Douglas of Hornyshole provides surety for the "injured party." Hornshole, Hawick, Scotland LOC 3450338616 Claiming damages of 1,000 Scottish "merks," Walter Scott, grandson of the deceased David Scott of Buccleuch, obtained, on 25 June 1494, a "decreet" against the "depredators" for the loss of "five horses and mares, forty kye and oxen, forty sheep, household plenishing to the value of 40 pounds, two chalders of victual, 30 salt martis, 80 stones of cheese and butter, and two oxen." Subsequently, on October 11, the Council of Lords "assigned to Walter Scott to prove the avail of the goods, and the damage alleged to extend to 1000 merks, and that the party be warned to hear them sworn.". . .(Acta Dominorum Concilii, p 338.) AD 1501.
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Spammers' behavior ranges from somehow forcing users to opt in, to cooperatively offering the possibility to opt out, to wildly hiding the sender's identity (including phishing). The most intractable cases can be dealt by reporting the abusive message to hash-sharing systems like, for example, Vipul's Razor for the benefit of other victims. In some cases, there may be a cooperative component on the sender side who will use spam reports to fix or mitigate the problem at its origin; for example, it may use them to detect botnets, educate the sender, or simply unsubscribe the report's originator. Email spam legislation varies by country, forbidding abusive behavior to some extent, and in some other cases it may be worth prosecuting spammers and claiming damages.
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In February 1930, lawyers acting on Tommy Corbett's behalf issued summonses to four of the Gardaí who questioned him in February 1929, claiming damages for false imprisonment, assault, and threats of murder. The case was heard in December 1930; it was alleged that the Gardaí had tried to bribe him to say that he was in Whelan's pub on Christmas night, and that when he would not do so, they threatened to kill him. Corbett claimed the Gardaí then drove him to the nearby cliffs and threatened to throw him into the sea, and that one of the Gardaí put a revolver in his mouth and threatened to shoot him. The defendants denied the allegations, but the jury ruled in Corbett's favour.
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On May 23, 2018, the parents of victims Jaime Guttenberg and Alex Schachter sued firearm manufacturer American Outdoor Brands Corporation, formerly known as Smith & Wesson, the manufacturer of the rifle used by Cruz, and distributor Sunrise Tactical Supply, the retailer who sold Cruz the rifle, claiming damages due to "the defendant's complicity in the entirely foreseeable, deadly use of the assault-style weapons that they place on the market." Fifteen survivors sued the county, sheriff and school officials for failing to protect them contending that the government's inadequate response to the shooting violated their Fourteenth Amendment right to due process. This lawsuit was dismissed in December 2018, with the judge citing prior case law in ruling that the government did not have a duty to protect the defendants from the actions of the shooter.
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In February 1900, the contractors, McGregor & Normile, had sued Portland resident George Taylor, for breach of contract in supplying cement, claiming damages of $1,537.50. The allegations of the complaint were that in March 1898, Taylor contracted with McGregor & Normile to deliver to them about 7400 barrels of Jossen cement for use on the lock and dam project at a price of $2.50 per barrel. Jossen cement was a type of Portland cement manufactured in Belgium. McGregor & Normile claimed Taylor had delivered 2000 barrels, and promised them that more barrels were en route from Europe on the ocean-going steamer City of Athens. Although 6,000 barrels were shipped to Taylon on City of Athens, Taylor delivered only 1,540 barrels to McGregor & Normile, and sold the rest of the barrels to other parties.
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After the third defendant had manoeuvred his car into a parking bay, switched off his engine and applied the hand-brake, he had reached behind him to remove an article from the back seat, and then opened the door preparatory to alighting. At this moment, a trackless tram struck the door, which protruded into its path, causing it to crash into another motorcar, and thus to injure the plaintiff and his wife. To a summons and declaration claiming damages from the insurer of the tram, the insurer of third defendant's car (the second defendant) and the third defendant, the second defendant had excepted on the ground that the plaintiffs' injuries had neither been "caused by" nor "arisen out of" the third defendant's driving of the car within the meaning of section 11 (1) of the Motor Vehicle Insurance Act.
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In December 2019, former Cpl employee Chris Gray began legal action in the High Court of Ireland, claiming damages for PTSD suffered as a moderator, the first of an estimated 20+ pending cases. In February 2020, employees in Tampa, Florida filed a lawsuit against Facebook and Cognizant alleging they developed PTSD and related mental health impairments as a result of constant and unmitigated exposure to disturbing content. In February 2020, the European Union Commissioners criticized the plans that Facebook has for dealing with the working conditions of those who are contracted to moderate content on the social media platform. Facebook agreed to settle a class action lawsuit for $52 million on May 12, 2020, which included a $1,000 payment to each of the 11,250 moderators in the class, with additional compensation available for the treatment of PTSD and other conditions resulting from the jobs.
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In September 2014, PGW Agriservices issued a writ against McCurdy in the County Court of Victoria claiming damages in the sum of $375,741 for misleading and deceptive conduct and unconscionable conduct contrary to the Fair Trading Act. The claims pertain to McCurdy's pre-politics career as a real estate agent and commissions worth $375,741 he received in respect of the sale of two farms, the sale of 'Malmo' located 50 km north of Shepparton for $7.8 million in July 2009 and 'Pinegrove' in Katamatite for $3.9 million in December 2009. Both properties were sold to a Chinese purchaser, Xing Long International. The statement of claim alleged that McCurdy had forged the letterhead of his former colleague and employer, Andrew Gilmour, to profit from the sales after McCurdy had ceased his employment with PGG Wrightson and having told Gilmour that the sales had "fallen over" and "were not proceeding due to the lack of finance".
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British Westinghouse Ltd v Underground Ltd [1912] AC 673 But the burden of proof of a failure to mitigate is on a contract breaker, to whom the courts are unlikely to be sympathetic.See Banco de Portugal v Waterlow [1932] UKHL 1 A contract breaker could may also, if a concurrent liability arises in tort, argue a claimant's damages should be reduced to reflect their contributory fault, and the courts can reduce an award to achieve a just and equitable result.See the Law Reform (Contributory Negligence) Act 1945 ss 1 and 4 Sometimes potential profits will be too uncertain, or a general fall in market prices means that even claiming damages for the thing itself would leave one in a negative position, and so the courts allow a claimant to choose whether to sue, not for a failure in expectations, but to cover her expenses in preparing for the contract, or the "reliance interest". In Anglia Television Ltd v Reed[1972] 1 QB 60 a TV channel successfully sued Robert Reed for not turning up for shooting a film.
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