Sentence examples for claims for failure from inspiring English sources
The court dismissed the RICO claims for failure to meet the heightened pleading standard required for claims sounding in fraud.
To grant insurance companies the right to deny claims for failure to comply with seat-belt laws would increase the odds in their favor.
The defendants moved to dismiss these claims for failure to state a claim under Rule 12(b)(6), on the ground that the claims were barred by California's two year statute of limitations.
See, e.g., David B. Shaev Profit Sharing Account v. Armstrong, C.A. No. 1449-N, 2006 WL 391931, at *2 (Del.Ch. Feb. 13, 2006) (Caremark claims for failure to discover involvement in allegedly fraudulent business practices).
"For the past 100 years or so," he added, "insurance brokers have been pretty much immune from any claims for failure to provide a customer insurance that he required".
Thus, based on the above, Plaintiffs have stated valid claims for failure to intervene, and we deny the motion to dismiss the claims for failure to intervene".
The district court dismissed the Section 14 e) claim for failure to plead that the misstatement or omission was made intentionally or with deliberate recklessness.
However, the issue facing this Court is whether such incident is the basis for a products liability claim for failure of the respondents to warn Chad Emery's mother of the danger of allowing her son to eat a marshmallow.
Such conclusory allegations, however, are not sufficient to state a claim for failure of oversight that would give rise to a substantial likelihood of personal liability, which would require particularized factual allegations demonstrating bad faith by the director defendants.
While rejecting the defendant's claim for failure to prove purposeful discrimination, the Court nonetheless indicated that the Equal Protection Clause placed some limits on the state's exercise of peremptory challenges.
Section 14 (relating to reporting requirements), except that the issuer shall also report at least annually the number of claims denied during the reporting period for each class of business (expressed as a percentage of claims denied), other than claims denied for failure to meet the waiting period or because of any applicable preexisting condition.
