Why Is There A Lawsuit? Sample Clauses

Why Is There A Lawsuit?. While Defendant denies that there is any legal entitlement to a refund or any other monetary relief, Plaintiff contends that the Defendant caused people to purchase the Products who would not otherwise have done so and/or caused people to pay more for the Products as a result of the advertising or labeling. The lawsuit seeks to recover, on behalf of a class of all Purchasers (except those who are otherwise excluded under the Settlement Agreement and those who purchased for resale purposes), money damages and injunctive relief as a result of the alleged misrepresentations.
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Why Is There A Lawsuit?. Plaintiffs contend that they and the Settlement Class are entitled to reimbursement of the allegedly improperly charged certification and retrieval fees, actual and exemplary damages, and certain other relief. Defendants have denied that they are liable to Plaintiffs or the Settlement Class.
Why Is There A Lawsuit?. The lawsuit seeks to recover, on behalf of all Class Members, money damages and an injunction to stop Defendant from marketing the Products with the claim “Made with Real Ginger.”
Why Is There A Lawsuit?. Although Defendant denies that there is any legal entitlement to any relief, Plaintiffs contend that the fires at Defendant’s Xxxxxx facility deposited dioxin compounds on properties surrounding Defendant’s Xxxxxx facility at a level that poses a risk to human health or the environment. Among other things, the lawsuit seeks a court order to mandate that Defendant pay to test real properties located within the Class Area for dioxin compounds, pay to remove dioxin compounds from properties where tests exceed certain thresholds, and fund a medical surveillance program.
Why Is There A Lawsuit?. Plaintiff contends that if Xxxxxxxx had not falsely advertised that its Products contained “0 calories” then Woodbolt would have sold fewer Products, and the price for each Product would have been lower. The Lawsuit seeks to recover, on behalf of all Settlement Class Members, monetary damages as a result of the alleged false marketing, labeling and advertising and a change in practices moving forward. Woodbolt denies all the allegations in the Lawsuit and contends that its marketing, labeling and advertising have always been accurate.
Why Is There A Lawsuit?. While Defendants deny that there is any legal entitlement to a refund or any other monetary relief, Plaintiff contends that the Defendants caused consumers to purchase the Laptops when they would not otherwise have done so and/or the Defendants caused consumers to pay more for the Laptops as a result of Defendants’ failure to disclose the Power Defect or Overheating Issues. The lawsuit seeks to recover, on behalf of all Settlement Class Members, monetary damages as a result of the alleged misrepresentations.

Related to Why Is There A Lawsuit?

  • Applicable Law; Attorney Fees All claims and disputes, including those adjudicated in arbitration or in court, will be governed by the internal laws of the State of Texas with respect to contracts made or events occurring therein. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties (including in arbitration) may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.

  • Filing a Grievance Grievances may be filed by the Union on behalf of an employee or on behalf of a group of employees. If the Union does so, it will set forth the name of the employee or the names of the group of employees.

  • No Conflict of Interest Contractor has no interest that would constitute a conflict of interest under (i) PCC 10365.5, 10410 or 10411; (ii) Government Code sections 1090 et seq. or 87100 et seq.; or (iii) California Rules of Court, rule 10.103 or 10.104, which restrict employees and former employees from contracting with judicial branch entities.

  • Legal Actions A Receiver may bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Security Asset which he thinks fit.

  • Litigation History There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last (Specify years). All parties to the contract shall furnish the information in the appropriate form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the year’s specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender.

  • Settlement of Disputes between the Contracting Parties 1 . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultation or negotiation.

  • No Litigation No suit, action, arbitration, or legal, administrative, or other proceeding or governmental investigation is pending or, to Contractor’s knowledge, threatened against or affecting Contractor or Contractor’s business, financial condition, or ability to perform this Agreement, except any suit, action, arbitration, proceeding, or investigation that individually or in the aggregate with others will not or would not have a material adverse affect on Contractor’s business, the validity or enforceability of this Agreement, or Contractor’s ability to perform this Agreement.

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.

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