Sentences with phrase «court file material»

This form of litigation attack is made by way of affidavit and is often merely a tactic by a wealthy litigant to harass the other, as it must be met, or to insert into the Court file material prejudicial to the other litigant and not necessarily lost on the eventual trial judge, who may wish to peruse the Court file before the hearing.

Not exact matches

The lawsuit, filed with the U.S. District Court for the Southern District of New York, argued the platform «knowingly provided material support and resources to Hamas... facilitat (ing) this terrorist group's ability to communicate, recruit members, plan and carry out attacks, and strike fear in its enemies.»

In a court filing, acting U.S. Attorney Robert Khuzami said the office continues to believe a «special master is not warranted to review the seized materials for privilege and that a Government Filter Team would fairly and most efficiently accomplish this task.»

A copy of the Monitor's Certificate which has been filed with the Court is available in the Motion Materials section of this website.

In re HP Securities Litigation consists of two consolidated putative class actions filed on November 26 and 30, 2012 in the United States District Court for the Northern District of California alleging, among other things, that from August 19, 2011 to November 20, 2012, the defendants violated Sections 10 (b) and 20 (a) of the Exchange Act by concealing material information and making false statements related to Parent's acquisition of Autonomy and the financial performance of Parent's enterprise services business.

The office of the attorney representing Trump, Charles Harder, said there would be no public statement beyond the material filed in court.

According to statements filed in court, the Australians feel their methods are «sufficiently different to have not infringed» the property rights of the Royal Canadian Mint, which also want the Australians to admit they infringed the patent, to hand over or destroy all advertising and promotional materials related to the Australian coins, and to either surrender profits or pay damages.

BERLIN (AP)-- Yahoo says it has filed a complaint to Germany's highest court against a year - old law that broadened copyright protection for news material used on the Internet.

- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech; - Post, link to or otherwise publish any Messages that infringe copyright; - Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order; - Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Packaging Europe magazine; - Post Messages in any language other than English; - Post the same Message, or a very similar Message, repeatedly; - Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic; - Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or «spam»; - Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; - Disguise the origin of any Messages; - Impersonate any person or entity (including Packaging Europe magazine employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; - Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component; - Collect or store other users» personal data; and / or - Restrict or inhibit any other user from using the Forums.

The material the government has already turned over since November, according to the government motion filed in federal court in Central Islip, includes: 1.15 million pages of documents related to the securities fraud charges aimed at Venditto alone, as well as 86,000 pages of emails and attachments from the email server of a person identified only as «Co-Conspirator # 1.»

But New York State Supreme Court Justice William Ford found Lake «has failed to sustain his burden of demonstrating how the court has misapprehended or overlooked key, material or relevant points of law or facts and evidence,» according to the decision filed earlier this mCourt Justice William Ford found Lake «has failed to sustain his burden of demonstrating how the court has misapprehended or overlooked key, material or relevant points of law or facts and evidence,» according to the decision filed earlier this mcourt has misapprehended or overlooked key, material or relevant points of law or facts and evidence,» according to the decision filed earlier this month.

When it comes to corruption in Rockland — in particular, the Town of Ramapo — Zugibe told listeners the seizure of computers, files, taped recordings and other materials in 2013 amounted to more than a million pieces of evidence to be examined and catalogued before any conclusion could be reached — and one that would stand up in court.

Thy US couple, therefore, filed a writ at the court for an order to recover the aforementioned monies and materials invested in the business.

The New York Times and NBCUniversal, citing the First Amendment right of access to the courts, filed papers arguing that the materials should be made public.

The G4S advert says the civilian investigators to be based in Nuneaton, Rugby and Leamington will investigate crime, gather evidence, seize and view evidential material, take statements from victims and witnesses, undertake house - to - house inquiries, prepare files for the Crown Prosecution Services, attend court hearings and give evidence, and identify and trace offenders.

Adult - film star Stormy Daniels» attorney, Michael Avenatti, alleged in a Tuesday court filing that President Donald Trump's longtime lawyer Michael Cohen or members of his legal team are selectively leaking audio tapes to the media of material seized in FBI raids of Cohen's home, office, and hotel.

The DOJ's filing «contains a number of material misstatements and omissions, which we look forward to having the opportunity to correct in court.»

This past May, a year after Purina filed a false advertising lawsuit against Blue Buffalo, the Wilton, Conn. - based pet food manufacturer admitted in court that a «substantial» and «material» portion of Blue Buffalo pet food sold to consumers contained poultry by - product meal, despite advertising claims to the contrary.

«SK simply wants to defer any consideration of the sufficiency of its pleading so it can oppress Epic with burdensome and expensive discovery,» the UE3 vendor states in its latest court filing, recounted in depth on Next - Gen, adding that SK's claims that Epic lied about its engines are built on «false statement of material fact» points out Gamasutra.

But without a transfer of material confidential information during their retainer that could prejudice CN in the class action, the court decided the circumstances did not justify disqualification, noting there were other remedies open to CN, such as suing for damages related to the transfer of files or a complaint to the Law Society of Saskatchewan.

The amendments also contemplate the filing of electronic materials with the Court.

They had worked through, again and again: the file that Jeannie Pastor had given them detailing — if such a generous word was appropriate for the actual record — the steps that the police had taken in their fruitless search for the missing Jared Willoughby; the court records of Nabel's application to have the life tenant declared dead; Gladys Tremaine's few family documents and the plans that she and Rangel had just drafted; and as well a bunch of material from the internet about the gravel mine and about aggregate mining generally.

On a motion for Court approval of a proposed settlement the child's lawyer must file an affidavit of the litigation guardian setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement.

To file materials under seal with the court requires the court's approval and may require that the parties address the balance between the principle of an open courts and the harm from the public disclosure of the confidential information.

In some circumstances the term «protective order» refers to agreements on issues as between the parties while «confidentiality order» refer to orders relating to the filing and handling of materials by the court.

Materials that must be filed with the Court include an affidavit from the Litigation Guardian, an affidavit from the lawyer, the proposed minutes of settlement and the written consent of a minor if over 16 years of age.

However, as noted above, for all other court materials, the responsibility for personal information protection rests with the party filing it.

Legislators and courts need to consider that looking at a person's phone may be the equivalent of walking into their house and looking at their bank statements, credit card bills, reading material, photo albums, and mail, and while they are there, nosing around on their computer to see all the files, email and whatever else is there including the sites they visit.

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

The complainant refused to allow the son to see D.P. Defence lawyer Joseph Neuberger was hired and obtained all of the family court documents and used the filed affidavits by the complainant to establish material inconsistencies between her statement to police and the family court filings.

«Feds seek extra redactions in drone memo»: Josh Gerstein of Poliico.com has a blog post that begins, «The Justice Department plans to ask a federal appeals court to delete additional material from a drone - related legal opinion before it's made public — redactions that would go beyond those the court approved last month, a government lawyer said in a legal filing Tuesday night.»

Unfortunately, counsel did not file the materials in the manner required by the Rules of Civil Procedure, resulting in the court returning the materials back to counsel by mail.

You should note, however, that filing materials can be challenging as they must all meet the requirements of the court.

In the costs decisions arising from the certification of the class proceedings styled Sankar v. Bell Mobility, Brown v. Canada (Attorney General), Crisante v. DePuy Orthopaedics, Dugal v. Manulife Financial, and Rosen v. BMO Nesbitt Burns Inc., Belobaba noted, in general, the amount of time spent by legal counsel was too high, the volume of material filed with the court was excessive, oral hearings were too long, and counsel over-litigated most issues.

In a digital world, sharing information online comes as second nature to many people, but if you're a party to a court case and post disclosure materials on the Internet, don't be surprised when a judge decides to restrict your access to those files.

Legal materials to be filed in the Federal Court of Appeal will demonstrate that, among other things, the NEB lacked legal authority to start its review process because of the federal government's failure to first consult Tsleil - Waututh on key decisions about the environmental assessment and regulatory review of the project.

Advocates for the Rule of Law has received a number of requests to post the materials filed with the Court seeking status as an intervener.

The clerk receives all documents filed in cases, circulates that material to the Justices, and releases orders and opinions of the Court to the public.

Canadians who've successfully obtained an online defamation removal order in Canada may need to file another motion, in a U.S. court, to get the material removed from Google's main index, Google.com.

But in addition to relying on Bio-Rad's waiver, late filing, and ignoring its order, the court found that California law on privileged and protected attorney - client material is preempted by Sarbanes - Oxley to the extent California imposes stricter limits than SOX.

Then I met with my lawyer Paul Slansky at the Federal Court building where we filed the materials on time.

Reck was unable to afford to buy the transcript of his trial, and so the initial appeal of his case raised a dubious procedural claim based simply on materials in the public court files (People v. Reck 392 Ill. 311).

Some courts have read this portion of the statute this way, and allowed a plaintiff to file suit for copyright infringement after submitting the materials to the Copyright Office but before the registration certificate is issued.

Common examples of materials we have reviewed include case filing statistics, court policies, budgets, organizational charts, strategic plans, annual reports, and relevant statutes.

Lawyers and their investigators can, of course, check court files and gather other material featured on the site themselves.

Following her review of the materials filed by the plaintiff's lawyer and her thorough analysis of the rules governing court approval of settlements for persons under disability, Madam Justice Corthorn noted that there were a number of procedural and substantive problems with the materials before her, including but not limited to the fact that the application record was not served on the respondent and no factum had been filed by the applicant.

«We know that the bar would like to increase the efficiency and ease with which you can file materials electronically and to improve the convenience with which you can make remote appearances,» said Strathy, who serves as the Chief Justice of the Court of Appeal.

I will consider believing that the action is about principle and not principal when I hear that both Mr. Waldman and his lawyers disclaim, in material filed with the court, any interest in keeping any of the money that they may succeed in forcing Thomson to disgorge beyond, for Mr. Waldman, any actual financial damage he can prove he has sustained (on even a substantial possiblity possibility - but-less than probability basis, assuming he can prove causation on the balance) and for class counsels fees whatever their time is actually worth.

replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.»

To enforce your lien, you have 105 days from the last day of work and / or supply of materials (not from the date you registered the lien) to start a law suit in Supreme Court and to file a «certificate of lis pendens» at the Land Registration Office.