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If a party ignores the arbitration provision, and runs to court, does that party waive its right to arbitration The Court found that Primer waived the right to arbitrate “by choosing to litigate the dispute in” court and the Defendants “waived the right” to arbitrate “by participating in the instant litigation.” Thus by “choos to take the course of litigation,” the parties had “waived the right to submit the question However, like any contract, the parties to an arbitration agreement can modify, waive or abandon the right

In 1980, the Legislature amended the statute to add Section 349(h), which provides a private right action Hobish alleges a sufficiently direct injury resulting from the purported deceptive practices in that her right

The pertinent inquiry is whether the thrust of the plaintiff’s action is to vindicate his personal rights The Court noted that while Personal Touch did “not have any right to recover for damage to Glaubach’s Glaubach was not a party to a commercial contract with PwC that he was seeking to enforce in his own right board’s failure to act is “possibly the most difficult theory in corporation law upon which a plaintiff might

The pertinent inquiry is whether the thrust of the plaintiff’s action is to vindicate his personal rights

often brought by shareholders of a corporation (or limited liability company) to vindicate the entity’s rights Although shareholders are given the right to bring such lawsuits, they are not, however, favored because

Sonies indicated that Indy was willing to pay Perseus for the work it performed up to that date, and for eight remitted invoices to Indy, which Indy did not pay; therefore, Indy’s action deprived Perseus of the right

Because of the tight-knit structure of the group, it can be difficult for regulators or law enforcement

Hussian urged that 42 U.S.C. 1983, a civil rights statute, provided the requisite “federal question” person acting under the color of state law and the conduct complained of must have deprived a person of rights

Further, explained the Court, “in light of Tecchia’s deposition testimony, in which she stated that defendant

For example, “a nonexistent entity cannot acquire rights or assume liabilities, a corporation which has

employment because of” whistleblowing activity ( e.g. , exercising any appeal, complaint, or grievance right is an “arbitrary or capricious exercise of power by a federal official or employee” that harms the rights Individual Right of Action In an IRA appeal, the employee is subject to a personnel action and claims Section 101(b) of the WPEA expands the IRA right to include most 2302(b)(9) reprisal claims, including appeal; retaliation for assisting an individual in the exercise of an appeal, complaint or grievance right

rule are intended to compensate plaintiffs for what they lost because of the fraud, not for what they might