Sentences with phrase «claim against defendant who»

Not exact matches

A High Court claim brought by donor Michael Foster is currently against one named defendant - the party's general secretary Iain McNicol, who is being sued in a representative capacity.

Well, suffice it to say that individuals and groups associated with the defendants are sounding off through the comment process, and they are making very strong claims to the general effect that DOJ's efforts to protect consumers against ebook price - fixing are misguided, because the DOJ should instead be protecting the interests and the distribution infrastructure of the same publishers who colluded with Apple to raise ebook prices by 30 to 100 percent back in 2010.

Mann â $ «who had twice successfully defeated anti-SLAPP motions filed by the defendants â $ «then filed his own anti-SLAPP motion against Steyn's counterclaim, alleging that it failed to state a claim for abuse of process or malicious prosecution.

A civil claim against the defendant can be brought by the estate of the deceased and / or by those who depended upon the deceased for either financial assistance or services.

If you have suffered personal injury or are the bereaved loved one following a fatal incident then you may pursue a claim against the party (s) who you hold at fault, the «defendant»

For better or for worse, our system is set up as an adversarial one where persons claiming damages for harm suffered (called «plaintiffs») assert these claims against the persons who caused the harm (called «defendants»).

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pAgainst Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

Now, a patent owner who wants to assert an infringement claim against multiple defendants may have to file multiple suits across multiple jurisdictions because defendants may not all be subject to venue in the same fora.

Special costs to successful applicants in most cases Defendants who succeed in having the claims against them stuck under this law should be entitled to costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.

The plaintiffs were ordered to pay the attorney's fees for the defendant's appellate attorney, who had been hired to defend against the punitive damages claim.

[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant seeking damages in the amount of $ 14,933.22 for breach of contract.

Three witnesses, who identified the defendant as the gunman, claimed to be in fear for their lives if it became known that they had given evidence against the defendant.

This means that it is generally the only recourse available to employees who suffer job - related injuries, except for third - party claims against defendants other than their employers or co-workers.

24.04 (1) Unless the court orders otherwise, where an action against a defendant who has crossclaimed or made a third party claim is dismissed for delay, the crossclaim or third party claim shall be deemed to be dismissed.

Obtained reversal of a trial court's refusal to enforce terms of several promissory notes and award of damages to defaulting defendant and succeeded on issue of first impression regarding who has standing to raise an Unfair Trade Practices Act claim against a lender.

120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff's personal representative of any claim that the plaintiff or the plaintiff's personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act may have against the defendant.

Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the generic form of a drug may bring failure to warn claims against the brand - name manufacturer of the drug if the brand - name defendant acted recklessly by «intentionally fail [ing] to update the label on its drug while knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use.»

P.M. claimed damages against the defendant Livia Evangelista, who was the administrator of the Estate of Luigi Evangelista, for sexual assaults, threatening, and harassment....

We hold that a person who sues on or settles a claim for a non-malignant asbestosis - related disease with one Defendant is not precluded from a subsequent action against another Defendant for a distinct malignant asbestos - related condition...»

Megan Shortreed acted for the successful «non-media» defendants who got a libel claim against them struck out because they were not served with notice pursuant to the Libel and Slander Act.

On rehearing en banc, the 4th Circuit says it has no jurisdiction to consider appeals by Iraqis who were detained and tortured at Abu Ghraib military prison and elsewhere and whose tort claims against defendant government contractors were partly dismissed...

Plaintiff «brownfield developer» who alleges claims arising from a business deal to bid for, buy and redevelop a brownfield site from WMATA, may only pursue fraud and breach of fiduciary duty claims against a single defendant who allegedly failed to...

Kurdish victims of mustard gas attacks in northern Iraq in the late 1980s have not stated claims under the Torture Victim Protection Act or the Alien Tort Statute against defendant chemical manufacturer, who allegedly sold thiodiglycol to Saddam Hussein; the...

A plaintiff is a person who has suffered some type of loss and is seeking compensation from the responsible party, who is referred to as the defendant, by filing a claim against them in court.

The defendant also moves for costs of the action against the co-plaintiff Cavana Corporation («Cavana»), who was a joint venturer with Bruno to develop the land and who then discontinued its claim.

He is currently acting for a judgment creditor seeking to enforce a substantial judgment against one of two former partners in the business who claims not to have been a partner at the material time and for the Defendant in a # 40 million claim for repayment of a loan to his construction company backed by a personal guarantee and a charge over property.

The claim against the other named defendants, who played no role in design, manufacture or distribution of the plaintiff's smoke alarm but may have in respect of the other class members, was struck.

In practice most child abuse compensation claims are brought against an institutional defendant rather than the individual abuser who committed the abuse.

A person who has opted out is not bound by the judgment on the common issues, and a person who has opted out can not claim the benefit of a judgment against the class action defendant.

The respondent was the plaintiff in the underlying action who subsequently entered into two agreements with the defendant, H&M Combustion Services Ltd. («H&M») in 2011 and 2016, to indemnify H&M from any exposure in the litigation in exchange for the assignment of its rights to the plaintiff in pursuing a third party claim that H&M commenced against the appellant.