Citigroup reaches $7 billion settlement with investors Aug 8, 2008
As part of the settlement, Citigroup agreed to a public arbitration process to resolve claims of consequential damages suffered by retail investors. The bank, one of Wall Street's biggest auction-rate securities dealers, will pay the $100 million fine to settle with the New York attorney general's office and a task force of 12 state regulators, led by the Texas State Securities Board. (International Herald Tribune -- Money Report)
Stocks to watch: RCom, RIL, Max India, Hotel Leelaventure Jul 21, 2008
AAA Com, an investment arm of the Anil Ambani group, on Saturday shot off a letter to Mukesh Ambanis flagship Reliance Industries threatening that it reserves the right to claim direct and consequential damages from RIL for dragging it into the alleged non-compete agreement between the Ambani brothers. Max India has raised its economic interest in its life insurance joint venture company, Max New York Life, from 50 per cent to 74 per cent. MNYL is a joint venture between Max India and... (India Times)
LAB Research receives revised demand letter from Akela Pharma Jun 11, 2008
"Furthermore, under the contract signed concurrently with the IPO, LRI cannot be held liable for any incidental, indirect or consequential damages of the Client and LRI's liability is limited to the amount received for such study work and, even in the case of gross negligence, cannot exceed two (2) times the amount received for the study." added Mr. Mainville. ABOUT LAB RESEARCH INC. LAB Research is a Canadian global non-clinical contract research organization that provides contract research... (Canada Newswire)
Identity-theft services face legal test May 29, 2008
In addition, the IdentityTruth guarantee excludes coverage of "consequential damages." According to Carey, that would include any debts incurred by an identity thief. If a user of the service was unjustly saddled with a $10,000 credit card bill, for instance, "they're not covering that," said Carey. (Boston Globe)
New bill promotes rights of consumers May 7, 2008
Consumers can also claim contractual and consequential damages, including economic losses. The bill aims to codify and improve on common law by addressing unfair contract terms and providing consumers with remedies when there have been breaches of contract. (Business Report, South Africa)
NY Court of Appeals Permits Consequential Damages Against Commercial Property Insurers Found to Have Wrongly Denied Coverage or Delayed Payment Feb 21, 2008
In a pair of potentially far-reaching decisions, the New York Court of Appeals has confirmed that consequential damages may be sought against a commercial property insurer found to have wrongfully denied coverage or delayed payment. In its rulings, New York State's highest court determined that all contracts with insurers featured a covenant of good faith that, when breached, could give rise to consequential damages ... Two dissenting Judges noted that these decisions are simply changing the... (Yahoo News -- Press Releases)
N.Y. High Court Approves Consequential Damages Claims Against Insurers Feb 20, 2008
The Court of Appeals' determination Tuesday that commercial property owners can assert a claim for consequential damages against insurers that breached their policies prompted a sharp disagreement among the judges ... In Bi-Economy Market, lower courts had granted summary judgment to the Harleysville Insurance Co. and against the attempt by the market's owners to sue for consequential damages ... Consequential damages are "designed to compensate a party for reasonably foreseeable damages," the... (Law.com)
ProLink Holdings Files Suit Against Elumina Iberica Feb 9, 2008
The Company has also filed a complaint in U.S. District Court in Phoenix against Kevin Clarke d/b/a Elumina UK for non-payment of goods sold and delivered, and has filed a claim against Elumina Iberica, S.A. with the International Centre of Dispute Resolution (ICDR) for arbitration under the UNCITRAL Arbitration Rules for arbitration, for arbitration in Phoenix, Arizona as provided for in the parties' Exclusive Licensing and Distribution Agreement seeking damages for non-payment of goods sold... (PR Newswire)
LaFavre sues contractor for not paying subcontractor Feb 9, 2008
It also asks to award the developers for actual and consequential damages, including a loss of profits. Tim Rud, with Rud Excavating, said he did not want to take sides on the issue, but the company is moving forward with the execution of the foreclosure on the mechanic s lien. (Albert Lea Tribune, MN)
Smithfield Foods RICO Action against the United Food and Commercial Workers Union Permitted by Federal Court to Proceed Jan 30, 2008
Pursuant to applicable law, Smithfield is seeking compensatory and consequential damages to their business and property, damages resulting from the Union's acts and omissions, exemplary and punitive damages for the Union's intentional, and malicious misconduct and equitable relief as might be appropriate. Additionally, the Company seeks reimbursement for reasonable attorneys' fees and costs and any other relief the Court deems just and proper. (PR Newswire)
Lawsuit filed over accident Jan 24, 2008
The notice does not specify an amount, but states that the claim is for personal injuries, pain and suffering, medical expenses, property damage, loss of services, and consequential damages. At approximately 2 p.m. on Oct. 28, 2007, her son, Kevin Bouley, 16, drove a 2000 Ford Escort from Town Hall Road in Sennett into the path of a Centro bus traveling on Route 20. (Auburn Citizen, NY)
XBL suit muzzles Microsoft Jan 15, 2008
"IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE XBOX.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE XBOX.COM WEB SITE OR RELATED SERVICES" -Standard disclaimer, posted on XBox. comI cant find the XBox Live disclaimer, but I'd bet something similar is included. (GameSpot)
UBS to file amendment this week pushing Genesco to ask for expedited hearing - sources Jan 15, 2008
It is expected that the total damages costs could include: premium lost to shareholders, consequential damages (no precedent case has been set here and it will be up to the judge to estimate disruption costs) as well as legal, accounting and M&A costs. Genesco is likely to argue for all three while Finish Line will only agree to legal, accounting and M&A costs. (FT.com -- Markets)
Enerflex Announces Dismissal of Arbitration Proceedings Jan 8, 2008
Western had asserted that compressor packages purchased from ESI did not function at optimum efficiency, and that ESI was responsible for alleged consequential damages. ESI's contract terms excluded liability for consequential damages ... Prior to dismissal of the entire arbitration, the arbitration panel granted ESI's motion to dismiss all claims for consequential damages, based on the contract. (CCNMatthews Press Releases)
Contest Rules Nov 26, 2007
Except where prohibited, by making an Entry, Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway or any prize awarded, other than the administration of the Giveaway or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Fairfield County, CT, USA; (b) any and all claims, judgments and awards shall be... (LinuxPlanet)
Air passengers have few rights Sep 30, 2007
In boldfaced capital letters, it writes, "Purchase of a ticket does not guarantee transportation. US Airways shall in no event be liable for any indirect, special, or consequential damages resulting from the performance or delay in performance of or failure to perform, transportation of customers and services incidental thereto [except baggage liability] whether or not US Airways had knowledge that such damages might be incurred.". This is not to single out any single carrier. (Pittsburgh Post-Gazette, PA)
Left Should go Right Jun 1, 2007
None of those policy makers could ever imagine, in their worst nightmares, that supporting a religious ideology to fight communism could one day lead to attacks on Washington, DC and New York City causing more consequential damages than communism ever had. The principle of support for freedom and democracy everywhere, which has its roots in American ideology, could have contributed to formation of a more sustainable foreign policy to create a stable, prosperous and peaceful Asian heartland. (Human Events Online)
Double Diamond Giveaway Rules - May 24th through June 7th May 30, 2007
By entering the Contest, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; and (3) under no circumstances will any entrant be permitted to obtain... (KRNV.com, NV)
Judge rules warrant items will go on June FTM ballot May 18, 2007
Mannis said if Barrett's contract were breached, the town would be accountable to Barrett for "consequential damages," which would in all likelihood mean providing some sort of severance pay. Mannis said, "Barrett has an 'at-will' contract with the town, which means town council can fire him anytime they want.". (Chariho Times, RI)
Jamison sues to block TVA power to SeverCorr May 4, 2007
Jamison is seeking compensatory and consequential damages for what he claims are TVA's negligent actions and breach of contract. In a needs and construction analyses submitted to TVA and included in court documents, Jamison, who was not available for comment before presstime, has sought 1,034,045 from TVA for the purchase of property and holdings. (Columbus Commercial Dispatch, MS)
Terms & Conditions of Use Apr 29, 2007
IN NO EVENT SHALL REED BUSINESS INFORMATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF... (Variety)
Terms & Conditions Apr 29, 2007
Limitation of liabilityUnder no circumstances, including, but not limited to, negligence, shall MSNBC, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, MSNBC materials. You specifically acknowledge and agree that MSNBC is not liable for any defamatory, offensive or illegal conduct of any user. (MSNBC -- Business)
ESPN Toolbar Apr 29, 2007
0) { ES_showBox(); };ES_searchKeyPress( this. length );" onMouseDown="ES_searchKeyPress( this. (ESPN -- College Basketball News)
terms of service Apr 29, 2007
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT... (AZCentral -- News)
CLICK N' CLACK: Air conditioner efficiency Mar 7, 2007
Most warranties do not cover consequential damages. For instance, if your new car breaks down, and you miss a job interview and end up with a career at Hammertoes Fried Eel instead of Bank of America, the car company will fix your car for free, but it won't cover the difference in salary and perks for the rest of your life. (The Standard-Times, MA)
Click and Clack Talk Cars Mar 3, 2007
Most warranties do not cover consequential damages. For instance, if your new car breaks down, and you miss a job interview and end up with a career at Hammertoes Fried Eel instead of Bank of America, the car company will fix your car for free, but it won t cover the difference in salary and perks for the rest of your life. (Helena Independent Record)
Santhera Reports Successful 2006 Mar 2, 2007
Santhera disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect or consequential damages, which might be incurred in connection with the information contained in this news release. Forward-looking statements and other information contained in this release involve risks and uncertainties. (PR Newswire)
Construction company sues DeKalb schools Feb 22, 2007
It also states that the company lost $1 million in "profits and other consequential damages" and requests legal fees and any other court-ordered compensation. A school system spokesman said attorneys are reviewing the suit. (Atlanta Journal-Constitution -- Metro)
More of this story Feb 7, 2007
The letter also states: "The county intends to hold Weddle and its surety (USF able for any and all damages and costs incurred by the Greene County Building Corporation in completing the project work, including but not limited to the costs of performing the original contract work, costs of corrective work, increased and expanded administrative costs, costs of additional engineering and consulting fees and expenses as well as legal costs and expenses, any and all consequential damages, as well as... (Linton Daily Citizen, IN)
Wildlife advocates seek ban on 2 poisons Jan 25, 2007
Secondary Navigation. Wed Jan 24, 4:26 PM ET. (Yahoo News -- Environment & Nature)
Visual MainWin v 1.8 for J2EE Developer Edition Dec 22, 2006
IN NO EVENT WILL MAINSOFT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MAINSOFT HAS BEEN ADVISED OF THE... (LinuxPlanet)
Winter files suit: Civil action seeks reinstatement, damages Dec 7, 2006
In the judgement request, the document asks Winter be reinstated as Chief of Police with back pay and benefits, for actual or consequential damages in excess of 75,000. Winter also asks the court to judge in favor of compensation for services rendered as City Administrator. (Wellington Daily News, KS)
A closer look at Oracle's support and indemnification offerings ... Nov 18, 2006
If you read Section J of the agreement (Limitation of Liability), you'll note that while Oracle offers unlimited indemnification for consequential damages related to an infringement claim (and that only for the one package, the Linux kernel), it caps all other damages at the amount you pay to Oracle. EXCEPT WITH RESPECT TO THE EXCLUSIVE INFRINGEMENT INDEMNIFICATION ABOVE [which only relates to the kernel], NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR... (InfoWorld)
more » Nov 13, 2006
Neal is requesting the return of 328,500 plus interest, 750 in costs, 36,000 in attorneys fees, 40,000 in punitive damages, 100,000 for non-performance and consequential damages, 50,000 for breach of contract, 50,000 for misrepresentation, and an injunction for the defendants to cease and desist operations. According to the complaint, Mark Leamon Thomas, of Searcy, told Neel he is a highly successful life insurance agent and district manager with Modern Woodman of America and is chairman of the... (Searcy Daily Citizen, AR)
Plus: Sony's Battery Woes Bound for Court? Oct 26, 2006
Beating Sony in the courts wouldn't be easy since computer makers would have to show that the so-called "consequential damages" they're asking for were caused by Sony's flawed batteries, and that Sony might have anticipated the problem, says Stephen Rohrer, a counsel at Tokyo law firm Nishimura & Partners. HEEDING THE RECALL.. (BusinessWeek)
Are Sony's Battery Woes Bound for Court? Oct 17, 2006
Beating Sony in the courts wouldn't be easy since computer makers would have to show that the so-called "consequential damages" they're asking for were caused by Sony's flawed batteries, and that Sony might have anticipated the problem, says Stephen Rohrer, a counsel at Tokyo law firm Nishimura & Partners. HEEDING THE RECALL. Toshiba and Fujitsu are the first to hint at possible legal action among the more than half-dozen computer makers involved in the Sony-related recall. (BusinessWeek)
Bruce Willis sues paparazzi Jun 21, 2006
this article to your Del. 06:45 AMASSOCIATED PRESSBEVERLY HILLS, Calif. (Toronto Star -- Arts)
Willis sues photographer Jun 20, 2006
36 million) in general, special and consequential damages as well as punitive damages to be determined at trial. Attempts to contact Goodrich for comment were unsuccessful. (Sydney Morning Herald -- Entertainment)
Health expert sues Bravo May 17, 2006
The lawsuit is asking for more than $25,000, which would go toward incidental and consequential damages, and includes medical-related expenses, wage claims and emotional distress. Drew Falkenstein, an attorney at Marler Clark and a lawyer on the case, said the focus of this case is McNiel, and everything else is secondary. (The State News, MI)
150 firms take on the taxman over 'carousel fraud' May 5, 2006
But its attempts to clamp down on the fraud caught up many innocent traders of items such as mobile phones and computer chips who are now seeking recompense for their losses, known as "consequential damages", rather than the VAT itself. Sir Igor Judge, president of the court's Queen's bench division, is likely to approve the provisional ruling within weeks. (Guardian Unlimited)
T-Mobile to Offer Microsoft Direct Push E-Mail Services on Windows Mobile-Based Devices in the Netherlands Feb 13, 2006
Microsoft Corp. shall not, at any time, be liable for any special, direct, indirect or consequential damages, whether in an action of contract, negligence or other action arising out of or in connection with the use or performance of the material. Nothing herein should be construed as constituting any kind of warranty. (PR Newswire)
Author Sued by Readers for Breach of Contract Jan 26, 2006
But readers in a class action are claiming consequential damages for the time they wasted reading the book. The book was a selection of the Oprah Winfrey book club. (Blawg -- Business Law)
