FILED: SUFFOLK COUNTY CLERK 01/13/ :58 PM INDEX NO /2015 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/13/2016
|
|
- Louisa Johns
- 7 years ago
- Views:
Transcription
1 FILED: SUFFOLK COUNTY CLERK 01/13/ :58 PM INDEX NO /2015 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/13/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK x STEPHEN T. NERWINSKI and SUZANNE NERWINSKI, - against Plaintiff(s), VERIFIED ANSWER TO VERIFIED COMPLAINT Index No /15 A.O. SMITH WATER PRODUCTS CO., et al. Defendants x Defendant, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, by its attorneys, Segal McCambridge Singer & Mahoney, Ltd. for its answer to the Verified Complaint, allege on information and belief: 1. Denies all material allegations in the Plaintiffs Verified Complaint as they pertain to BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, hereinafter referred to as BW/IP. 2. Denies knowledge or information sufficient to form a belief as to the truth of each and every other allegation contained in Plaintiffs Verified Complaint. AFFIRMATIVE DEFENSES 3. The venue of this action is improper. 4. Plaintiffs Verified Complaint fails to set forth a cause of action upon which relief can be granted. 5. BW/IP, is a foreign business corporation, to wit, plaintiff cannot establish personal jurisdiction over this defendant within this Court and Venue. 6. Plaintiffs cause of action is barred by the applicable Statute of Limitations.
2 7. Plaintiffs Verified Complaint fails to allege any cause of action specific to BW/IP. 8. BW/IP was improperly served with process. 9. All claims against BW/IP have been discontinued by prior release and/or settlement agreement. 10. BW/IP was not negligent. 11. BW/IP was not reckless. 12. BW/IP did not engage in misconduct or willful misconduct. 13. BW/IP did not act with wanton disregard for the rights, safety, and position of the Plaintiff or any other person. 14. BW/IP did not distort or cause to be distorted any medical examinations, results, or data. 15. BW/IP did not edit or alter medical literature. 16. BW/IP did not attempt to prevent the publication of medical literature. 17. BW/IP did not distort or cause to be distorted medical information. 18. Any asbestos products which may have been sold by BW/IP were not inherently defective, ultra hazardous, dangerous, deleterious, poisonous, and/or otherwise legally harmful. 19. Any asbestos products which may have been sold or used by BW/IP were not unsafe. 20. Any asbestos products which may have been sold or used by BW/IP were not incorrectly packaged.
3 21. BW/IP did not fail to adequately test any asbestos products which it might have sold or used. 22. Any acts or omissions of BW/IP alleged to constitute negligence were not substantial causative factors of the injuries and/or losses alleged to have been sustained. 23. The injuries and/or losses alleged to have been sustained were caused entirely by or contributed to by the negligent acts or omission of individuals and/or entities other than BW/IP. 24. Any asbestos products which may have been sold or used by BW/IP may have been substantially changed in their condition after said products left the possession of BW/IP. 25. BW/IP provided all necessary, required, and adequate warnings or instructions. 26. Negligent acts and/or omissions of individuals and/or entities other than BW/IP constituted intervening and/or superseding acts of negligence. 27. BW/IP extended no warranty to the plaintiff. 28. BW/IP did not breach any warranty or warranties it may have extended. 29. Plaintiff failed to provide BW/IP with proper and timely notice of any alleged breached warranty. 30. BW/IP did not take part in and was not a part of or party to any conspiracy. 31. BW/IP did not make any misrepresentation and/or commit any fraudulent acts. 32. BW/IP did not distribute its products without proper and adequate identification labeling.
4 33. Any asbestos products which may have been sold and/or used by BW/IP were not within the exclusive control of BW/IP. 34. BW/IP entered into no tacit agreement and/or industry wide standards or procedures as alleged. 35. For any plaintiff alleging exposure during United States military service, U.S. government activity or at any U.S. government owned premises including any U.S. vessel, BW/IP was acting as a government contractor in supplying products to the United States government. The United States approved reasonably precise specifications for the products supplied by BW/IP. The BW/IP products conformed to those specifications; and the United States were knowledgeable of any dangers associated with the use of those products. 36. The imposition of punitive damages violates the Due Process Clause of the United States Constitution and the Constitution of the State of New York. 37. The imposition of punitive damages violates the Equal Protection Clause of the United States Constitution and the Constitution of the State of New York. 38. In the event Plaintiff recover a verdict or judgment against this Defendant, then said verdict or judgment must be reduced pursuant to CPLR 4544(C) by those amounts which have replaced or indemnified or will, with reasonable certainty, replace or indemnified Plaintiff in whole or in part, for any past or future claimed economic loss, from any collateral source such as insurance, social security, worker s compensation, or employee benefit programs. 39. The imposition of punitive damages violates the United States Constitution s Eighth Amendment guarantee against excessive fines. 40. That insofar as the Verified Complaint and each cause of action considered separately, alleges a cause of action accruing before September 1, 1975, any recovery by plaintiff
5 for each such cause of action is barred by reason of contributory negligence or assumption of risk of plaintiff. 41. All causes of action pleaded in the Verified Complaint have not been maintained in a timely fashion and each plaintiff has neglected same and should be barred by the doctrine of laches. 42. All claims brought under New York Law, L C (enacted August 31, 1986) are time-barred in that said statute is in violation of the Constitution of the United States and the Constitution of the State of New York. 43. This action must be dismissed because plaintiffs have not joined necessary parties to the adjudication of the claims asserted in the Verified Complaint, in whose absence complete relief cannot be accorded and whose absence impedes the ability of this answering defendant, to protect its interests. 44. In the event plaintiff was employed by any of the defendants herein, then plaintiffs sole and exclusive remedy is under the Workers Compensation Law of the State of New York. 45. That at all of the times during the conduct of its corporate operations, the agents, servants or employees of this answering defendant utilized proper methods in the conduct of its operations, in conformity with the available knowledge and research of the scientific and industrial communities. 46. Plaintiff lack the requisite capacity, standing and authority to bring this action, as plaintiff are not real parties in interest.
6 47. That to the extent any plaintiff seek to maintain causes of action on behalf of any decedents, said plaintiff lack capacity and/or standing to maintain such causes of action against defendant, BW/IP. 48. Plaintiff failed to mitigate or otherwise act to lessen or reduce the injuries alleged in the Verified Complaint. 49. The damages allegedly sustained by plaintiff were caused, in whole or in part, through the operation of nature. 50. All defenses which have been or will be asserted by other defendants and/or any defendants in this action, are adopted and incorporated by reference as if fully set forth at length herein as defenses to Plaintiffs Verified Complaint. In addition, defendant, BW/IP, will rely upon any and all other defenses which become available or appear during discovery proceedings in this action and hereby specifically reserves the right to amend its Answer for the purpose of asserting such additional affirmative defenses. 51. Any and all risks, hazards, defects and dangers alleged are of an open, obvious, apparent nature, inherent and known or should have been known to plaintiff, and the injuries and damages alleged to have been sustained were caused in whole or in part by the culpable conduct of plaintiff. 52. The amounts recoverable by plaintiff is subject to limitation pursuant to Section 1601, Civil Practice Laws and Rules, by reason of the culpable conduct of other person(s) who are, or with reasonable diligence could have been made party defendant(s) to this action, or pursuant to Section , General Obligations Law, by reason of a prior settlement between plaintiff and said person(s), or by reason of the fact that punitive damages are not recoverable.
7 CROSS-CLAIMS 53. Any damages sustained by the plaintiff was caused in whole or in part by the acts or omissions of other defendants, who are or may be liable to the defendants answering hereby for contribution on the basis of their equitable shares of responsibility, or for indemnity on the basis of a contract between them, actual or implied. WHEREFORE, defendant demands judgment dismissing the Verified Complaint and all cross-claims against them, or, in the event that they are adjudged liable, granting judgment over, or apportioning such liability in accordance with their equitable shares of responsibility, and awarding the costs of this action, together with such other and further relief as to the court may seem just. Dated: New York, New York January 13, 2016 Yours, etc. SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Attorneys for Defendant, BW/IP, Inc. 850 Third Avenue, Suite 1100 (212) By: /s/ Nicole G. Markowitz NICOLE G. MARKOWITZ Esq. To: Weitz & Luxenberg, P.C. 700 Broadway New York, NY 10003
8 V E R I F I C A T I O N NICOLE G. MARKOWITZ, an attorney duly admitted to practice in the Court of the State of New York and designated as attorney for the defendant BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, hereinafter referred to as BW/IP, in the above-entitled action, affirms the following statements to be true under the penalties of perjury, pursuant to Rule 2106 of the CPLR: That she has read the foregoing ANSWER and knows the contents thereof; that the same is true to her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes them to be true. Affiant further says that the source of her information and the grounds of her belief are derived from the files, books and records maintained in the normal course of business of the Law Offices of Segal McCambridge Singer & Mahoney, Ltd. and statements made to her by officers or agents of BW/IP. This Verification is made by affiant and not by defendant because defendant resides outside the County of New York where affiant maintains her office. Dated: New York, New York January 13, 2016 /s/ Nicole G. Markowitz NICOLE G. MARKOWITZ, Esq. SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Attorneys for Defendant, BW/IP, Inc. 850 Third Avenue, Suite 1100 (212)
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) )
Case :-cv-000-tor Document Filed 0/0/ 0 John T. John, WSBA # Daniel J. Oates, WSBA # 0 Alaskan Way, Suite 00 Seattle, Washington Telephone: ( -00 Email: jjohn@grahamdunn.com doates@grahamdunn.com Attorney
More informationNo. 45TH. Plaintiff EDGEWOOD INDEPENDENT SCHOOL DISTRICT files its Original Petition
FILED 9/24/2014 10:11:33 AM Donna Kay McKinney Bexar County District Clerk Accepted By: Roxanne Mujica 2014CI15241 No. W/ JD EDGEWOOD INDEPENDENT SCHOOL DISTRICT v. Plaintiff, KOONTZ/MCCOMBS CONSTRUCTION,
More informationFILED: NASSAU COUNTY CLERK 07/12/2013 INDEX NO. 601780/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2013
FILED: NASSAU COUNTY CLERK 07/12/2013 INDEX NO. 601780/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------}C
More informationCase 14-90056-LT Filed 05/14/14 Entered 05/14/14 14:14:36 Doc 6 Pg. 1 of 13
Case -00-LT Filed 0// Entered 0// :: Doc Pg. of NANCY L. STAGG, CA Bar No. 0 nstagg@foley.com MATTHEW J. RIOPELLE, CA Bar No. 0 mriopelle@foley.com FOLEY & LARDNER LLP VALLEY CENTRE DRIVE, SUITE 00 SAN
More informationw' Floor - against - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: Date Filed: TAMARA VANDERHYDEN, Plaintiff,
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TAMARA VANDERHYDEN, - against - Plaintiff, PLANNED PARENTHOOD OF NEW YORK CITY, BETH ISRAEL MEDICAL CENTER, GERALD ZUPNICK, M.D., MAURE JACQUELINE
More informationCALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language
CALIFORNIA Strict Indemnity Language Contractor (Indemnitor) shall indemnify, defend, and hold harmless Authority, its officers, officials, employees, and volunteers from and against any and all liability,
More informationDefendant, by and through his attorneys LENOIR LAW FIRM, answering the complaint of plaintiff, upon information and belief,
CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS -----------------------------------X Index No. CV-079576-10/QU LR CREDIT 21, LLC ANSWER Plaintiff, Kenneth Chow - against - Defendant. -----------------------------------X
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)
H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE
More informationCase 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43
Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP
More informationCLARK COUNTY, NEVADA. ANSWER ) Defendant. ) )
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANS (NAME) (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE) Defendant Pro Se DISTRICT COURT CLARK COUNTY, NEVADA ) ) Case No.: Plaintiff,
More informationCase 8:13-cv-01060-EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case 8:13-cv-01060-EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 SUZANNE RAWLINS, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No.: 8:13-cv-1060-EAK-TBM
More informationindividually and as an officer of Safety Cell, pursuant to Section 13(b) of the Federal Trade
WILLIAM E. KOVACIC General Counsel BARBARA ANTHONY Regional Director Northeast Region RONALD L. WALDMAN (RW 2003) DARA J. DIOMANDE (DD 4304) DONALD G. D AMATO (DG 3008) Federal Trade Commission 1 Bowling
More informationMinnesota False Claims Act
Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.
More informationCase 2:11-cv-11886-SFC-RSW Document 33 Filed 06/29/11 Page 1 of 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Case 2:11-cv-11886-SFC-RSW Document 33 Filed 06/29/11 Page 1 of 19 KAREN BRANDELIK and LISA KNISPEL, individually and on behalf of all others similarly situated, Plaintiffs, UNITED STATES DISTRICT COURT
More informationCase 2:12-cv-01495-TSZ Document 4 Filed 09/11/12 Page 2 of 11. metal insert, 36 mm ID, 52 mm OD, lot #1950021; a 10.5 mm small stature AML stem, lot
Case :-cv-0-tsz Document Filed 0// Page of Hon. Thomas S. Zilly UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES A. DOERTY, vs. Plaintiff, JOHNSON & JOHNSON, DEPUY, INC., and
More informationMaster Software Purchase Agreement
Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (
More informationMINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.
As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Case No: Defendants, Steven Lecy and the City of Minneapolis, through their
CASE 0:13-cv-00873-RHK-TNL Document 1 Filed 04/15/13 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Michael A. Ofor, Case No: Plaintiff, v. Steven Lecy, and City of Minneapolis, NOTICE
More informationBEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY
BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY In consideration of the payment of the premium, in reliance on all statements made in the application and subject to all of the provisions
More informationRepresenting Whistleblowers Nationwide
Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.
More information1 (5) The state and its agencies and subdivisions shall be liable for tort claims in the
768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. (1) In accordance with
More informationAttorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE
VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL
More informationTitle XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter
Title XLV TORTS Chapter 768 NEGLIGENCE View Entire Chapter 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification;
More informationMINNESOTA FALSE CLAIMS ACT
. MINNESOTA FALSE CLAIMS ACT Sec. 24. [15C.01] DEFINITIONS. Subdivision 1. Scope. For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim. "Claim" includes
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. INFANT SWIMMING RESEARCH, INC., v. Plaintiff, FAEGRE & BENSON, LLP, MARK FISCHER, JUDY HEUMANN, NORMAN HEUMANN, BOULDER
More informationSUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA
Jack Anderson, Esq. SBN 0 JACK ANDERSON, ESQ., APLC Balboa Avenue, Suite E San Diego, California Tel.: ( - Fax: ( 0- jackandersonaplc@yahoo.com Attorney for Defendant and Cross-Complainant Starline Windows,
More informationIN THE UNITED STATES DISTRICT COURT DISTRICT OF
IN THE UNITED STATES DISTRICT COURT DISTRICT OF UNITED STATES OF AMERICA ) Civil Action No. Ex rel. ) ) FILED IN CAMERA AND Plaintiff, ) UNDER SEAL ) vs. ) FALSE CLAIMS ACT ) MEDICAID FRAUD, ), and ) JURY
More informationA. For the consideration agreed below to be paid to Contractor by City, Contractor shall provide
STATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF DALLAS THIS CONTRACT is made and entered into by and between the CITY OF DALLAS, a Texas municipal corporation, located in Dallas County, Texas (hereinafter
More informationInformation or instructions: Defendant s Cross-claims and counterclaims PREVIEW
Information or instructions: Defendant s Cross-claims and counterclaims 1. The purpose of counterclaims and cross-actions is to join persons and actions, as permitted by TRCP 39, 40, 41, 49, 50, and 51,
More informationErrors and Omissions Insurance. 1.0 Introduction and Definition
Errors and Omissions Insurance 1.0 Introduction and Definition 1.1 Under the terms of this policy the word employee means any trustee of the Board of Education, any employee of the Hicksville Board of
More informationOhio s. Product. Liability Act. Related StatuTes FROST BROWN TODD ATTORNEYS
Ohio s Product & Liability Act Related StatuTes FROST BROWN TODD ATTORNEYS Product Liability Litigation at Frost Brown Todd Frost Brown Todd is a full-service law firm serving some of America s top corporations
More informationCase 5:14-cv-00590-OLG Document 9 Filed 07/31/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
Case 5:14-cv-00590-OLG Document 9 Filed 07/31/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DESTINY ANNMARIE RIOS Plaintiff VS. CIVIL ACTION NO. 5:14-cv-00590
More informationANSWER SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK. Index. VINCENT FORRAS. on behalf of himself and all others #111970/2010
similarly situated, of and in the City of New York. County of New York. VINCENT FORRAS. on behalf of himself and all others #111970/2010 Index Page 1 properly described as defendants. defendants deny that
More informationNavigating the Statute of Limitations in Texas
Navigating the Statute of Limitations in Texas Wesley G. Johnson Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 Telephone: 214-712 712-9500 Telecopy: 214-712 712-9540 Email: Wes.Johnson@CooperScully.com
More informationPlaintiffs, Defendants.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DANIEL SCHULER, as Administrator of the Goods, Chattels and Credits of ERIN M. SCHULER, Deceased, and DANIEL SCHULER, as Father and Natural Guardian
More informationNEW YORK FALSE CLAIMS ACT
NEW YORK FALSE CLAIMS ACT STATE FINANCE LAW, ART. XIII (2013) 187. SHORT TITLE This article shall be known and may be cited as the "New York false claims act". 188. DEFINITIONS As used in this article,
More informationOklahoma Supreme Court Declares Oklahoma s Lawsuit Reform Act of 2009 Unconstitutional
Oklahoma Supreme Court Declares Oklahoma s Lawsuit Reform Act of 2009 Unconstitutional On June 4, 2013, the Oklahoma Supreme Court issued two opinions invalidating as unconstitutional numerous Oklahoma
More informationCalifornia Civil Code 2782.05
California Civil Code 2782.05 (a) Except as provided in subdivision (b), provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments
More informationHow To Answer A Complaint In A Civil Case
Revised: April 1 Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA: WESTERN DIVISION How to Answer the Complaint What is an Answer? An answer is your written response to the allegations made in the
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ) ) ) ) ) ) ) ) ) ) ) Case No. 06-3755 CLASS ACTION
Case 2:06-cv-03755-ER Document 136 Filed 04/25/2008 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA A.D. ALBERTON and MARK C. KESSLER, on behalf of themselves
More informationCase 2:15-cv-03432-DDP-AGR Document 1 Filed 05/07/15 Page 1 of 15 Page ID #:1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Case :-cv-0-ddp-agr Document Filed 0/0/ Page of Page ID #: 0 Matthew T. Walsh, Esq. (Bar No. ) CARROLL, McNULTY & KULL LLC 00 North Riverside Plaza, Suite 00 Chicago, Illinois 00 Telephone: () 00-000 Facsimile:
More informationNC General Statutes - Chapter 99B 1
Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim
More informationPREVIEW. 1. The following form may be used to file a personal injury lawsuit.
Information or instructions: Plaintiff's original petition-auto accident 1. The following form may be used to file a personal injury lawsuit. 2. It assumes several plaintiffs were rear-ended by an employee
More informationComplaint as permitted by Case Management Order # 4 and Implementing Order PARTIES, JURISDICTION AND VENUE
[INSERT NAME], Plaintiff(s) vs. HOWMEDICA OSTEONICS CORPORATION, a New Jersey Corporation, d/b/a STRYKER ORTHOPAEDICS, JILL DOE MANUFACTURERS (1-10), JACK DOE WHOLESALERS (1-10), JAKE DOE SELLERS (1-10),
More informationFALSE CLAIMS ACT STATUTORY LANGUAGE
33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes
More informationHP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
More informationFILED: NEW YORK COUNTY CLERK 10/29/2015 02:10 PM INDEX NO. 161113/2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/29/2015
FILED: NEW YORK COUNTY CLERK 10/29/2015 02:10 PM INDEX NO. 161113/2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/29/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GUY RENKOVSKI, Plaintiff,
More informationCase 4:08-cv-01366 Document 18 Filed in TXSD on 05/28/08 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Case 4:08-cv-01366 Document 18 Filed in TXSD on 05/28/08 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SUSAN CARNABY V. C IVIL ACTION NUMBER H-08-1366 C ITY
More informationProduct Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP
Product Liability Risks for Distributors: The Basics Susan E. Burnett Bowman and Brooke LLP Whereas.... State laws vary widely and change frequently, Every case is different, I'm not your lawyer.. Disclaimer:
More informationCODING: Words stricken are deletions; words underlined are additions. hb0087-00
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A bill to be entitled An act relating to mortgage foreclosures; amending s. 95.11, F.S.; revising the limitations period for commencing
More informationCase 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,
More informationPlaintiff, Defendant(s) * * * [ ], Esq., pursuant to CPLR 2106 and under the penalties of perjury, affirms as follows:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Plaintiff, v. Defendant(s) AFFIRMATION Index No.: Mortgaged Premises: N.B.: During and after August 2010, numerous and widespread insufficiencies in foreclosure
More informationSPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan;
In consideration of payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds agree as follows: I. INSURING
More informationv. VERIFIED ANSWER TO FORECLOSURE COMPLAINT
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF v. Plaintiff, Index No. VERIFIED ANSWER TO FORECLOSURE COMPLAINT Defendant(s). Defendant answers as follows: I generally deny each allegation of the Complaint,
More informationCORNERSTONE A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM
CORNERSTONE A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration
More informationSUPREME COURT, CIVIL BRANCH New York County 60 Centre Street, New York, N.Y. 10007. HELP CENTER Room 116 646-386-3025
SUPREME COURT, CIVIL BRANCH New York County 60 Centre Street, New York, N.Y. 10007 HELP CENTER Room 116 646-386-3025 How to Respond to a Summons and Complaint Note: All persons involved in a lawsuit should
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION TRADEMARK PROPERTIES, INC., a South Carolina corporation; RICHARD C. DAVIS, an individual, vs. Plaintiffs, A&E
More informationCHIPOTLE MEXICAN GRILL INC
CHIPOTLE MEXICAN GRILL INC FORM S-8 (Securities Registration: Employee Benefit Plan) Filed 05/25/11 Address 1401 WYNKOOP SUITE 500 DENVER, CO 80202 Telephone 3035954000 CIK 0001058090 Symbol CMG SIC Code
More informationSMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS
SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS This Webhosting & Services Terms and Conditions ( Terms ) are effective as of the date of execution of the Order Form, as defined in Section 1,
More informationProvince of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
More informationCalifornia Senate Bill 474 Impact on Owners & Contractors
California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors
More informationCase 2:13-cv-00727-CG-WPL Document 24 Filed 10/15/13 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Case 2:13-cv-00727-CG-WPL Document 24 Filed 10/15/13 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DAVID ECKERT, Plaintiff, v. No. 13-CV-00727 CG/WPL THE CITY OF DEMING,
More informationSPECIMEN. (1) a written demand for monetary damages or non-monetary relief;
In consideration of payment of the premium and subject to the Declarations, General Terms and Conditions, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds
More informationCAUSE NO. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff LIFESTREAM PURIFICATION SYSTEMS, LLC. DALLAS COUNTY, T E X A S
CAUSE NO. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff VS. LIFESTREAM PURIFICATION SYSTEMS, LLC. DALLAS COUNTY, T E X A S Defendant. JUDICIAL DISTRICT FINAL JUDGMENT AND AGREED PERMANENT INJUNCTION
More informationA&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions
A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged
More informationFULTON COUNTY STATE COURT STATE OF GEORGIA * * * * * * * * * *
FULTON COUNTY STATE COURT STATE OF GEORGIA JENNIFER GARRISON, vs. Plaintiff, MONTAG REALTY COMPANY, LLC d/b/a VERONA APARTMENTS, THE REALTY FUND III, L.P. and JOHN DOES 1-5, JURY TRIAL DEMANDED CASE NUMBER:
More informationINDEPENDENT CONTRACTOR AGREEMENT
INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (this Agreement ) is made and entered into as of, 20, by and between [INSERT NAME OF CONTRACTING PARTY] (the Contracting Party ),
More informationPUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE
A Stock Insurance Company, herein called the Company PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE Various provisions in this policy restrict coverage. Please read the
More informationORDER. Objections of Defendants Laurence A. Mester ( Mester ) and Villa Development, LLC
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION : VILLAR MANAGEMENT, LLC, : OCTOBER TERM 2007 Plaintiff, : : No. 1319 v. : : VILLA DEVELOPMENT,
More informationLiability of Volunteer Directors of Nonprofit Corporations (10/02)
Liability of Volunteer Directors of Nonprofit Corporations (10/02) This memorandum addresses the California and federal law protections that exist to shield volunteer directors of nonprofit corporations
More informationIN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO. Plaintiffs, ) CASE NO. 08 CVH 12 18090. -vs- ) JUDGE LYNCH
IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO C. PAUL TIPPS, et al., ) Plaintiffs, ) CASE NO. 08 CVH 12 18090 -vs- ) JUDGE LYNCH NEIL S. CLARK, et al., ) Defendants. ) ANSWER OF DEFENDANTS NEIL S.
More informationCOMPLAINT WITH JURY DEMAND. of police reports in bad faith. Plaintiff claims that Defendants acted willfully, wantonly and in
Weld County, Colorado, District Court, 901 9 th Avenue Greeley, CO 80631 970.351.7300 Plaintiff: vs. Defendants: JENNIFER BELL, individually and on behalf of all others similarly situated, BRADLEY PETROLEUM,
More informationLast Approval Date: May 2008. Page 1 of 12 I. PURPOSE
Page 1 of 12 I. PURPOSE The purpose of this policy is to comply with the requirements in Section 6032 of the Deficit Reduction Act of 2005 (the DRA ), which amends Section 1902(a) of the Social Security
More informationi4n 10/28/03 05:08 PM ET Master Complaint No. 12
i4n 10/28/03 05:08 PM ET Master Complaint No. 12 . 10/28/03 c ASBESTOS DOCKET STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE *, Personal Representative of the Estate of *, Deceased, Plaintiff,
More informationClaims College School of Construction LEVEL 1
Claims College School of Construction LEVEL 1 Construction Defect Liability Theories and Defenses Objectives At the end of this course, you will be able to: Describe the theories of liability and defenses
More informationNOTICE OF CLAIM. Claimant, -against-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -------------------------------------------------------------------------x In the Matter of the Claim of JEAN H. PIERRE, JR., AS NATURAL PARENT AND
More informationTRANSPORTATION SERVICES AGREEMENT
TRANSPORTATION SERVICES AGREEMENT This Transportation Services Agreement (the AGREEMENT") is entered into by ( Customer ) and between Company shall mean RSI Relo, Inc., Relocation Services International,
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION KELLY RAMBO and PHILLIP J. BERG, ESQ. August Term, 2004 Plaintiffs, No. 03894 v. Commerce
More informationCLASSIC A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM
CLASSIC A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration
More informationRESTATED CERTIFICATE OF INCORPORATION CTC MEDIA, INC. (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware)
RESTATED CERTIFICATE OF INCORPORATION OF CTC MEDIA, INC (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware) CTC Media, Inc., a corporation organized and existing under
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COPLEY ASSOCIATES, LTD., DECEMBER TERM, 2005 Plaintiff, NO. 01332 v. COMMERCE PROGRAM ERIE
More informationORDERED, ADJUDGED AND DECREED,
STEPHEN CALKINS General Counsel CAROLE A. PAYNTER (CP 4091) Federal Trade Commission 150 William Street, 13th floor New York, New York 10038 (212) 264-1225 Attorneys for Plaintiff UNITED STATES DISTRICT
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
AGNES SOWLE, COUNTY ATTORNEY FOR MULTNOMAH COUNTY Susan M. Dunaway, OSB No. 97050 Assistant County Attorney 501 S.E. Hawthorne Blvd., Suite 500 Telephone Number: Facsimile Number: (503) 988-3377 E-mail
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) )
Case 2:03-cv-01500-KOB -TMP Document 1718 Filed 07/26/10 Page 1 of 9 FILED 2010 Jul-26 PM 02:01 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationELECTRONIC INDEPENDENT CONTRACTOR AGREEMENT INTRODUCTION
INTRODUCTION This is an AGREEMENT between you and Field Solutions, LLC ( Field Solutions ) that defines the terms and conditions for Field Solutions to engage you to provide services to our customers as
More informationFEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated
More informationNEW YORK FALSE CLAIMS ACT
. NEW YORK FALSE CLAIMS ACT New York State Finance Law Chapter 56. Of the Consolidated Laws Article XIII. New York False Claims Act 187. Short title This article shall be known and may be cited as the
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY DEFENDANT S ANSWER
Case 1:14-cv-05919-JEI-KMW Document 19 Filed 02/13/15 Page 1 of 11 PageID: 84 Frank L. Corrado, Esquire Attorney ID No. 022221983 BARRY, CORRADO & GRASSI, PC 2700 Pacific Avenue Wildwood, NJ 08260 (609)
More informationFILED 15 JUL 27 AM 9:22
FILED JUL AM : KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: --- KNT JUDITH JORGENSEN, vs. SUPERIOR COURT OF WASHINGTON KING COUNTY Plaintiff, JAMES WONG and TYRA WONG, husband and wife creating
More informationLITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1
LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO By Francisco J. Colón-Pagán 1 I. OVERVIEW OF PUERTO RICO LEGAL SYSTEM A. Three branches of government B. Judicial Branch 1. Supreme
More informationSAMPLE SERVICES CONTRACT
SAMPLE SERVICES CONTRACT The parties to this contract are the SAN DIEGO COUNTY WATER AUTHORITY, a county water authority, (the Water Authority) and, [a / an], having its principal place of business at
More informationCase 5:11-cv-00186-SWW Document 4 Filed 08/18/11 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION
Case 5:11-cv-00186-SWW Document 4 Filed 08/18/11 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KYMBERLY L. WIMBERLY PLAINTIFF v. CASE NO. 5:11 CV 0186
More informationCONSULTANT AGREEMENT
Douglas County School District Re.1 Castle Rock, Colorado CONSULTANT AGREEMENT This agreement, dated effective as of is made and entered into by and between the Douglas County School District Re.1, Douglas
More informationPURCHASE ORDER TERMS AND CONDITIONS
PURCHASE ORDER TERMS AND CONDITIONS 1. DEFINITIONS: In these Terms and Conditions and all documents related to the Purchase Order: Purchaser means the entity issuing the Purchase Order as identified on
More informationCOMPLAINT. The amount in controversy, exclusive of interest and costs, exceeds Fifty
JASON GRAMMES and JEANINE : IN THE COURT OF COMMON PLEAS GRAMMES, f/k/a JEANINE FIDLER, : OF BERKS COUNTY, PENNSYLVANIA Plaintiffs : : CIVIL ACTION - LAW vs. : : NO. 04- CONRAD MAULFAIR and : COLEEN MAULFAIR,
More informationChapter No. 367] PUBLIC ACTS, 2001 1 CHAPTER NO. 367 HOUSE BILL NO. 779. By Representatives Briley, Hargett, Pleasant
Chapter No. 367] PUBLIC ACTS, 2001 1 CHAPTER NO. 367 HOUSE BILL NO. 779 By Representatives Briley, Hargett, Pleasant Substituted for: Senate Bill No. 261 By Senator Cohen AN ACT to amend Tennessee Code
More informationA Bill Regular Session, 2015 SENATE BILL 830
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
More informationNPSA GENERAL PROVISIONS
NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee
More information