Sentences with phrase «if plaintiffs counsel»

Besides the risk, there is the more vexing (to lawyers) question: If plaintiffs counsel finds out about the blog, should she use it at trial?

I also see the risk that costs penalties might not be delivered if plaintiff counsel does proceed in Supreme Court and gets only small claims awards, because a judge might view the plaintiff's fear of losing an advocate as «sufficient reason» to proceed in the only forum where an advocate is permitted.

Not exact matches

That said — I have no idea if plaintiff's counsel has the chops / expierence to play that game at this level and be self assured enough not to step in it.

Having regard to institutional fairness will send the message that the court will not approve a settlement if through misadventure, incompetence, opportunism, lassitude, or fatigue the Representative Plaintiff and Class Counsel do not achieve a settlement that is truly fair, reasonable, and in the best interests of class members.

In addition, the Plaintiff's counsel refers the Plaintiff to a vocational rehabilitation consultant who has opined that given the Plaintiff's age, injuries and ongoing pain, she is completely unemployable, and if she were employable, she would not be a productive employee given the fatigue, depression and anxiety that she suffers from.

Plaintiff's counsel replied on September 21, 2011 indicating that if the trial could be heard in Provincial Court in the same time frame as the trial date set in Supreme Court — March 2012 — then the plaintiff would consider the request for a Plaintiff's counsel replied on September 21, 2011 indicating that if the trial could be heard in Provincial Court in the same time frame as the trial date set in Supreme Court — March 2012 — then the plaintiff would consider the request for a plaintiff would consider the request for a transfer.

Undoubtedly, this if a consideration that both plaintiff and defence counsel should be aware of moving forward.

Based on the Garacci v Ross decision, if the defence lawyer brings a motion for the production of social media evidence, the Plaintiff's counsel should prepare an Affidavit summarizing what each photograph depicts on their Facebook profile.

If the matter continues to the motion, Plaintiff's counsel should then present the Affidavit and a sealed envelope with the Facebook photographs for the Judge or Master to determine the relevance of the posts.

[25] Counsel for the plaintiff argued that, even if there was no collision, the defendant driver's own evidence shows that he was negligent and that a sudden stop was capable of causing the plaintiff's soft tissue injuries.

«According to the defense motion, filed by attorneys at Moore & Riemenschneider, Piccolo (plaintiff) testified she had a Facebook account and was asked at deposition if the defense counsel could send a «neutral friend request» to Piccolo so that he could review the Facebook postings Piccolo testified she made every day.»

If you are plaintiff counsel, you can tailor your report to reflect your potential client's circumstances, and run a Win / Loss comparison to see case precedents.

If the plaintiff's counsel had noticed that the facts of the case could warrant punitive damages earlier in the proceedings, the plaintiff could have received a larger verdict or settlement offer.

«First, if his cover is blown and plaintiff's counsel finds out he has been blogging, he can be cross-examined on those contacts and advice that he wrote about, for the privilege disappears when the substance is discussed publicly.

Class counsel Sam Marr and David Fogel of Landy Marr Kats LLP said that the decision «reflects the economic realities of workers in today's economic climate» and «it would be a loss to all workers if a new representative plaintiff is not found resulting in the dismissal of this action.»

Counsel for the plaintiff indicated that it was not the plaintiff's intention to proceed with the arbitration if this action was allowed to proceed.

However, if plaintiffs refuse to answer whether they have Trial Insurance, defence counsel may bring a motion and / or application for an order compelling the plaintiffs to answer, and also to produce the policy itself.8

Instead, if settling the dispute is the goal, then defense counsel should not be openly dismissive of the plaintiff's injuries, but instead make the plaintiff feel heard by employing the tactics discussed above.

If an attorney is familiar with products liability defense in the Commonwealth and the elements of a breach of implied warranty claim, the question is not as difficult to answer as plaintiff's counsel might hope.

His decision to walk this high - wire without a net brings us to a third issue: If plaintiff's counsel finds out about the blog, should it be used at trial?

The MLG arrangement discourages maximum commitment on behalf of the class because even if class counsel should win at trial, they will not be entitled to any compensation, whether from the recovery (no such agreement is in place) or via the plaintiff's claim for costs (no costs can be awarded because the representative plaintiff has no liability to pay legal expenses.

The court granted the motion, but inquired in its written order: «[d] oes Defendant think it is ok if Plaintiff's counsel makes a categorical statement that is incorrect — after counting to ten?

Counsel for the Plaintiff submitted that, although the Plaintiff has a very accommodating employer, if she were to retire, then it would be unlikely that a new employer would be so accommodating.

[246] I can not envisage Dr. Cox having given any different opinion if his opinion had been sought either by the plaintiff or by defence counsel in cross-examination.

Furthermore, even if a case is able to be heard in a federal mass tort MDL proceeding, some plaintiffs» counsel file thousands of advertising - generated claims without properly investigating those claims» legitimacy.

Four months after being terminated the plaintiff received a letter from the union's legal counsel requesting that he «return to his employment... to serve out the balance of his notice period of 24 months» and stating that, if he refused to return, the union would «treat that refusal as just cause, and formally terminate him without notice».

(d) On the last day of each month, the plaintiff's counsel will be required to deliver to defendant's counsel a statement indicating whether the Plaintiff has earned any income during that month and if so, how plaintiff's counsel will be required to deliver to defendant's counsel a statement indicating whether the Plaintiff has earned any income during that month and if so, how Plaintiff has earned any income during that month and if so, how much; and

If a major corporation cheats a thousand of its workers out of a thousand dollars each, very few of them will decide it is worth the hassle and expense of a major lawsuit, and virtually no lawyer will be willing to take such a low dollar case on a contingency fee basis — meaning that the plaintiffs will have to pay more for legal counsel than they are likely to win in the end.

AS COUNSEL FOR A PLAINTIFF, AN ATTORNEY MAY NOT ETHICALLY INTERVIEW PRESENT OR FORMER EMPLOYEES OF A DEFENDANT CORPORATION IF: (a) THE EMPLOYEES

Although the reason for this holding makes good and under - appreciated sense from a retributivist perspective — a person ought not be punished for conduct that has not been clearly proven to be the defendant's culpable misconduct, es - pecially if the defendant has various defenses that could be raised as against particular claimants — the new holding poses a substantial risk of reducing incentives to plaintiffs and their counsel because they can not pursue a jackpot of punitive damages based on «total harm.»

If a jurisdiction decided (against my advice offered below) to allocate the retribu - tive damages awards to the plaintiff and her counsel, then the reprehensibility - based guide - lines approach reduces the problem of diminished incentives in the aftermath of Philip Morris.

In the course of argument, counsel for the plaintiff acknowledged that if the jurisdictional basis for the granting of the injunction is not considered on appeal there will be no occasion on which the issue will be revisited in the underlying litigation.

«It's a small bar in Canada, and we see the same plaintiff counsel over and over and so you have to be mindful, especially if you're a big employer where they know who you are and they think of you as a deep pocket,» she said.

Plaintiff counsel should further consider potential violations of privacy under the California Constitution to establish standing, particularly if a defendant continued to engage in robocalls after being instructed to stop.

Counsel for the Respondents (plaintiffs) would not have filed for reconsideration if counsel thought there was no merit to the new grounds that the plaintiffs planned to argue if the case had been reCounsel for the Respondents (plaintiffs) would not have filed for reconsideration if counsel thought there was no merit to the new grounds that the plaintiffs planned to argue if the case had been recounsel thought there was no merit to the new grounds that the plaintiffs planned to argue if the case had been remitted.

D. GPM is given the authority to opt the Client out of any class action proceeding relating to the claims authorized herein and / or pursue the Client claim individually in a group action, if the Client is not appointed Lead Plaintiff and GPM is not appointed Class Counsel.

Furthermore, plaintiff was not significantly disadvantaged by the lack of counsel because she could have obtained equal parenting time with her children if she had only agreed to it.