His business partner John Cooper, 56, of Caversham Place, Sutton Coldfield, has denied one count of carrying on a regulated activity without being an authorised or exempt person and four of dishonestly concealing a material fact
The court held that summary judgment was precluded by genuine issues of material fact
, regarding whether the prison health service's actions in failing to timely refer the detainee to an orthopedic surgeon for treatment of a broken arm constituted an official "policy" of deliberate indifference to the detainee's serious medical needs, for the purposes of municipal liability under [section] 1983, and whether the prison health administrator significantly delayed the detainee's medical treatment for non-medical reasons.
GOL added that there will be a conference call with a presentation on this material fact
This is a second material fact
that was not disclosed at the outset.
While the courts would award damages to a purchaser against the seller because of concealment of facts, yet if the purchaser refused to complete the contract by taking title because of concealment of a material fact
, equity and fairness would prompt a court to refuse to compel the purchaser to do so.
The action also asserts claims of common law fraud under Florida law associated with the same omissions of material fact
and misrepresentations of material fact
Hexley, 50, is charged with carrying on a regulated activity without being an authorised or exempt person contrary to the Financial Services and Markets Act 2000, and five counts of dishonestly concealing a material fact
contrary to the Act.
The Court found that due to disputes of material fact
, Insmed's invalidity defenses will need to be resolved at trial and therefore denied Insmed's motion for summary judgment that the claims at issue are invalid.
The court also found genuine issues of material fact
as to whether corrections officers used excessive force against a jail inmate by placing her in a restraint chair after she allegedly threw urine and feces from her cell.
Contain any untrue statement of material fact
or which are otherwise false or misleading.
It contains misstatements or omissions of material fact
The court held that summary judgment was precluded by a genuine issue of material fact
on the inmate's claim of retaliatory conduct against him for his complaint that an officer was sexually harassing him.