for example, the complaint should state when it happened, where it happened and why it happened, although general allegations of negligence or willful conduct are sufficient at this stage. The plaintiff also must generally describe his injuries and present ...
to be substantially similar to the claims set forth in the Arbitration Notice, provided that an additional cause of action to compel arbitration will also be included therein, (b) so long as the other party files an answer to the complaint in the Litigation Proceedings and an answer to the ...
Expenses EtcThe Company agrees to pay or reimburse each of the Lenders and each of the Agents for: (a) all reasonable out-of-pocket costs and expenses of the Agents (including, without limitation, the reasonable fees and expenses of Brown, Rudnick, Freed & Gesmer, special counsel to Fleet...
warranties or agreements hereunder; (3) arises out of the improper use or transmission by Pearson of the User Information and/or Summarized User Data; (4) arises out of any Advertisement placed by Pearson on the Site; or (5) arises out of the negligence or willful misconduct of Pearson. ...
Absent ambiguity, should be able to get an “answer” as a matter of law • Aon Financial v. Société Générale (SDNY and 2d Cir.) – Summary Judgment • VCG Special Opportunities Master Fund v. Citibank (SDNY) – Judgment on ...
If at any time or times hereafter the Holder employs counsel to commence, defend or intervene in any court proceedings, or to file a petition, complaint, answer, motion or other pleadings, or to take any other action in or with respect to any suit or proceeding (bankruptcy or otherwise) ...
negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; (d) any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991,...
(f) the filing of any petition, complaint, answer, motion or other pleading by any Agent or any Lender, or the taking of any action in respect of the Collateral or other security, in connection with this Agreement or any other Loan Document, (g) the protection, collection, lease, sale,...