Sentences with phrase «court attorneys for the plaintiff»

Not exact matches

The question before the court involves «cy - près» and whether it was OK for plaintiffs» attorneys to allocate settlement money to their own law...

Small claims court cases are much cheaper than superior court cases for both the plaintiff (the person doing the suing) and the defendant (the person being sued) because the parties are not allowed to have any attorneys represent them and other rules that simplify the lawsuit process, making the whole thing much cheaper, faster, and easier.

«Change does not happen without an honest conversation in our communities, in our courthouses, at City Hall about how we have real reform in the criminal justice system, real reform in our communities and real relationships between NYPD and the people they serve,» Tina Luongo, attorney - in - chief for Legal Aid Society Criminal Practice, the plaintiff in the court case, said.

The lead counsel for the 1,000 plaintiffs in the new round of Love Canal litigation has asked state Supreme Court Justice Richard Kloch Sr. to remove himself from the case, claiming he showed bias in remarks about past Love Canal cases in a newspaper article written by Kloch's daughter, and seemed to act a little too favorably to the local attorney for Occidental Chemical Co. during a past court sesCourt Justice Richard Kloch Sr. to remove himself from the case, claiming he showed bias in remarks about past Love Canal cases in a newspaper article written by Kloch's daughter, and seemed to act a little too favorably to the local attorney for Occidental Chemical Co. during a past court sescourt session.

In Greene County Supreme Court on Wednesday, the plaintiff's attorney, Elizabeth Saylor, argued that the board's actions had been «arbitrary and capricious» and «undermines the election law» that otherwise has far lower limits for corporate contributions.

The court order of August 1 said that the six plaintiffs (four voters and two candidates) who had challenged certain details of the California top - two open primary system must pay almost $ 250,000 to the attorneys for the forces who had intervened in the lawsuit to defend the top - two open primary law.

In a Feb. 20 letter to Magistrate Judge Randolph Treece, plaintiffs» attorney George Carpinello of Boies, Schiller & Flexner asked the court to impose sanctions for what he termed the «spoliation of evidence» resulting from the deletion of Liebman's emails.

[NOTE: I was informed late Wednesday afternoon that attorneys for plaintiffs in Wright v State of New York had filed a letter advising the Court that they did not oppose the consolidation motion back on Friday, August 22.

Samuel Casey, an attorney for the plaintiffs, said in a statement: «We are disappointed by the Court of Appeals decision and, given the reasoning in the two concurring opinions, we are evaluating whether and on what grounds our clients will be seeking certiorari before the United States Supreme Court.»

But Church attorneys had repeatedly run interference for the perpetrators by settling claims out of court while simultaneously swearing the plaintiffs to secrecy via non-disclosure agreements.

he Brown Foundation for Educational Equity, Excellence and Research was established in 1988 to serve as a living tribute to the attorneys, community organizers and plaintiffs in the landmark U.S. Supreme Court decision of May 17, 1954, Brown v. the Board of Education.

The idea for the Empowerment Account program sprang from an exchange during the oral argument in Cain v. Horne between Arizona Supreme Court Justice Andrew Hurwitz and the plaintiffs» attorney Donald M. Peters:

The appeals court hearing was convened in the summer with both attorneys for the plaintiffs (MALDEF) and the state attorney general.

Here's what I've learned: A) when the deposition includes a buyer or seller vs. a Realtor, from day one, the Realtor is usually already way behind in the eyes of the court, B) even if «Mother Theresa» wrote the real estate contract, a good attorney for the plaintiff can generally tear it and her to bits... and that usually comes from the buyer or seller saying, «I don't remember «that» (whatever «that» is) being explained to me»... which brings us to «short sales» and all that go with them and what will surely follow.

Attorney Andrea Rodgers with youth plaintiffs, Zoe Foster, Aji Piper, and Gabe Mandell, waiting for the judge's decision in King County Superior Court.

«This is the first time any case for a banana worker has come before a U.S. court,» Duane Miller, one of the attorneys representing more than 30 Nicaraguan plaintiffs who worked on plantations from 1964 to 1990, tells BusinessWeek.According to one upcoming lawsuit that was filed in 2004, Dole Fresh Fruit Co. and Standard Fruit Co., now part of Dole, were not only negligent, but that they fraudulently concealed information about DBCP's effects.

In Plaintiff's Emergency Motion for Protective Order filed yesterday, attorney Joe Klock advised the court that today, July 14, «the deposition of Mr. Strickland was scheduled to be and is to be taken by Hugh Morgan, Joe Klock was to defend the deposition of Mr. Brakenhoff, and Juan Carlos Antorcha was scheduled to take the deposition of Mr. Pennekamp.»

In King County Superior Court, a case had to be stayed while a party sought new counsel after their attorney acknowledged that he falsified a memo and emails before turning them over to plaintiffs in a nationwide class - action lawsuit.7 Similarly, this spring, U.S. District Court Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&rCourt, a case had to be stayed while a party sought new counsel after their attorney acknowledged that he falsified a memo and emails before turning them over to plaintiffs in a nationwide class - action lawsuit.7 Similarly, this spring, U.S. District Court Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&rCourt Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&rcourt) for their «egregious fraud» which included ghostwriting «independent reports.»

Both sides in a case filed dueling motions to compel, with the lower court sanctioning both sides (including attorneys for plaintiff) to the tune of $ 5,320 in discovery sanctions of a monetary nature.

Trials and preparation consume time, effort and money for plaintiffs, defendants, attorneys and courts.

Gillette v. N. Dakota Disciplinary Bd., No. 09 - 1598, involved an action seeking declaratory and injunctive relief preventing an attorney disciplinary board from prosecuting a disciplinary action for alleged misconduct arising out of plaintiff's representation of Native American clients in tribal court litigation.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

This benchslap came with an order that defendants were to reimburse the plaintiffs for attorneys fees and court attorney fees incurred during this train wreck of a deposition.

First, it includes the plaintiffs attorney's two - to three - page time sheet for the period for which the court granted her fees.

Unfortunately for a marginally winning plaintiff below, the former — the zilch / nada — option was seized by the trial judge and affirmed by the appellate court on review in connection with an attorney's fees request.

Plaintiff filed a motion in Superior Court for determination of the lien amount, and the judge determined that HPHC should bear a proportional share of the attorney's fees, namely one - third as provided by the plaintiff's contingent fee aPlaintiff filed a motion in Superior Court for determination of the lien amount, and the judge determined that HPHC should bear a proportional share of the attorney's fees, namely one - third as provided by the plaintiff's contingent fee aplaintiff's contingent fee agreement.

Finding no express provision for payment of attorney's fees or costs, the court completely rejected plaintiff's arguments for relief.

In Marek v. Chesny, the Supreme Court in 1985 ruled that «costs» under Rule 68 do include attorney fees in a civil rights case brought under section 1983, although only in the context of the plaintiff's post-verdict application for fees under section 1988.

In Appeals Court, defeated appeal from the Superior Court's allowance of our motion for judgment on the pleadings on plaintiff's malpractice claims against our attorney client

For example: Suppose a plaintiff is suing (either criminally or civilly) pro se, so there is no attorney the court can sanction or the plaintiff can blame.

Via Legal Juice I learned of this excellent Order issued by a federal court regarding a plaintiff's Petition for Attorneys» Fees.

There appears to be some risk by the defendant in filing a motion to dismiss because if the court denies a motion to dismiss, the defendant may also be liable for the plaintiff's attorney's fees.

Reviewing the facts, the Court held that the plaintiff's claim that the law firm had a conflict was «colorable,» the lawyers should have realized there was a conflict, and the lawyers, as fiduciaries, «were *** obligated to inform him of the facts underlying [MasterCard's] claim that his attorneys» «failures» might have caused his losses, the existence of a potential conflict, and that he should seek independent counsel for advice.»

Recently, the Hawaii Supreme Court reversed a lower court's judgment in favor of a car accident defendant whose attorneys repeatedly raised the question of a plaintiff's «motive» for filing the claim in the first place, repeatedly insinuating — despite a lack of conviction or even formal accusation — that plaintiff had committed workers» compensation insurance fCourt reversed a lower court's judgment in favor of a car accident defendant whose attorneys repeatedly raised the question of a plaintiff's «motive» for filing the claim in the first place, repeatedly insinuating — despite a lack of conviction or even formal accusation — that plaintiff had committed workers» compensation insurance fcourt's judgment in favor of a car accident defendant whose attorneys repeatedly raised the question of a plaintiff's «motive» for filing the claim in the first place, repeatedly insinuating — despite a lack of conviction or even formal accusation — that plaintiff had committed workers» compensation insurance fraud.

In the decision, the Middlesex Superior Court explained that attorney for the plaintiff Artin Service Station pocketed settlement proceeds that were supposed to be paid to a third party.

Suffolk Superior Court, No. 98 - 02231E Date of verdict: May 9, 2005 Plaintiff's attorneys: Andrew C. Meyer Jr. and Suzanne C. McDonough, Lubin & Meyer, Boston Status of verdict: Defense motions for a new trial were rejected, but the lost earnings award was reduced by $ 1.6 million, after the judge found that the award the jury had given was marginally excessive.

Because the District Court had allowed all of the fees beyond the specified date to be awarded on a blanket basis, without more granular analysis, the Supreme Court reversed and remanded for a re-analysis of which of the plaintiffs» attorney's fees and costs were causally linked with Goodyear's misconduct in withholding the testing records.

Court upheld the constitutionality of California Code of Civil Procedure section 1714.10, which requires that a plaintiff seek leave of court to add a cause of action against an attorney for an alleged conspiracy with a client, based upon a showing that there is a «reasonable probability» that the plaintiff will prevail in the acCourt upheld the constitutionality of California Code of Civil Procedure section 1714.10, which requires that a plaintiff seek leave of court to add a cause of action against an attorney for an alleged conspiracy with a client, based upon a showing that there is a «reasonable probability» that the plaintiff will prevail in the accourt to add a cause of action against an attorney for an alleged conspiracy with a client, based upon a showing that there is a «reasonable probability» that the plaintiff will prevail in the action.

Notwithstanding the foregoing, in the event that the originally scheduled trial date is continued for any reason, and upon motion of any party, the court after hearing shall require the tenant or occupant claiming under this section to deposit with the clerk of the court, the plaintiff's attorney, or other secure depository each month (or at such other intervals as the court deems just) the amounts due for use and occupancy, calculated according to the fair market value of the premises, which amounts shall be held in escrow pending final disposition, unless the court determines that such requirement would result in undue hardship to the tenant or occupant.

This firm has the distinction of being the attorneys for the Plaintiff, in the precedent setting case, Juarez v. Wavecrest Management Team Ltd, which was the landmark case in which the highest court of New York State established the rules relating to legal liability of landlords in New York City for exposing tenants to the hazards of lead - based paint

This firm has the distinction of being the attorneys for the Plaintiff, in the precedent setting case, Juarez v. Wavecrest Management Team Ltd, which was the landmark case in which the highest court of New York State established the rules relating...

This appeal challenges the district court's rulings rejecting claims challenging property - inspection fees under RICO, fraud, and unjust - enrichment theories, and denying plaintiffs» motion for attorneys» fees.

You may view the settlement agreement and other related documents (including Plaintiffs» Motion for Preliminary Approval of Class Action Settlement, the Court's Order Granting Preliminary Approval of Class Action Settlement, Plaintiffs» Motions for Final Approval of Class Action Settlement, Attorneys» Fees and Incentive Awards, and any opposition or reply papers related to these motions) here:

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

March 2000 - Bench Trial (5 days) Court: Los Angeles County Superior Court (Hon. Joseph R. Kalin) Case: Breach of Written Employment Contract for Chief Financial Officer Role: Lead Trial Attorney Verdict: Plaintiff (fraud claims and individuals dismissed before trial)

Here are some highlights on the predictions offered by the panelists: 1) class actions are not going away; 2) the continued growth of mass commerce will continue to spawn class action litigation; 3) Justice Scalia's death will have a significant impact on class action jurisprudence going forward and the judiciary is likely to get less friendly to defendants in the short - term; 4) technology will make a big difference for the better in managing class action litigation; 5) defendants will continue to come up with creative, far - reaching ways of limiting class actions; 6) plaintiffs» attorneys will continue to bring class actions when a) they think they can make money and / or b) they think they will advance the public good; 7) there will be some good class actions and some horrible ones; 8) look out for states to pass new consumer protection laws similar to the New Jersey New Jersey Truth - in - Consumer Contract, Warranty and Notice Act (TCCWNA); 9) the TCPA and all - natural litigation booms will continue in the near future; 10) The CFPB will broadly define consumer finance services; 11) more class actions will go to trial; 12) what happens with the enforceability of arbitration clauses will have a big impact on the viability of many categories of class actions in the future; 13) look for more class actions in the federal courts in New York state.

The case, filed last week in Leon County circuit court, asks a judge to certify a class action and order «full compensation» for what the plaintiffs» attorneys estimate are «tens of thousands, or more» Floridians who own bump stocks or similar devices.

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Two class action lawsuits filed in federal courts in Wisconsin by the same lawyers and the same lead plaintiff within one week of each other and both alleging the same cause of action underscore the prevalence of class action lawsuits for violations...

The unfortunate history here also reflects the plaintiff's hiring and firing of three different counsel, expressed disdain towards the children's attorney, and utter disregard for the authority of the Court... [A] fter careful consideration of the circumstances of the nature and extent of the multiple instances of violation of the court order, the plaintiff is sentenced to a period of incarceration for six weekends, to be served on the first and third weekends of each month for the months of June, July and August, Court... [A] fter careful consideration of the circumstances of the nature and extent of the multiple instances of violation of the court order, the plaintiff is sentenced to a period of incarceration for six weekends, to be served on the first and third weekends of each month for the months of June, July and August, court order, the plaintiff is sentenced to a period of incarceration for six weekends, to be served on the first and third weekends of each month for the months of June, July and August, 2010.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original insCourt resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original inscourt of original instance