Representatives of the defendant will encourage victims to sign release waivers signing away their right to pursue a settlement.
[26] This lack of authority can not be used as an excuse that prohibits the proper conduct of court actions at trial management conferences, when it is such a representation that allows
the representative of the defendant to attend in the first place.
If this happens, then the Claimant can return to the court to ask for a Penal Notice i.e. as a specific court order has been breached, then
a representative of the Defendant risks prison.
5 It may be of some importance to point out that by an order made May 14, 1986 the defendant was ordered to make inquiries of General Motors Corporation with respect to certain answers referred to by
the representative of the defendant on his examination for discovery.
4 In the transcript of the examination for discovery of
a representative of the defendant it is acknowledged that General Motors of Canada is a corporation intimately related (sic) to General Motors Corporation, an American corporation.
This typically begins with a call from
a representative of the defendant's insurance company.
However, the issue has been somewhat muddied by Lupsor Estate v. Middlesex Mutual Insurance Co., [2003] O.J. No. 1038, in which the defendant was sued both as an insurer of the plaintiff and as a proposed
representative of the defendant class.
Verbeek was an investment advisor and, at some relevant times, a registered
representative of the defendant Dundee Securities Corporation («Dundee»).
Not exact matches
Yieldify denies this, countering that «in March 2013, Mr. Jay Radia,
Defendant's Chief Executive Officer, and Mr. Meelan Radia,
Defendant's Chief Technical Officer, met with
representatives of Plaintiff.
The plaintiff is seeking: A declaration that upon a true and proper interpretation
of the provisions
of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st
defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect wh
defendant can not act as the legal
representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister
of Finance
of the Republic
of Ghana, in a pending investigation bordering on conflict
of interest and abuse
of office before the 2nd
Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect wh
Defendant; A further declaration that the purported response filed by the 1st
Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect wh
Defendant on behalf
of the said Honorable Kenneth Nana Yaw Ofori Atta in respect
of the petition concerning conflict
of interest and abuse
of office before the 2nd
Defendant is unconstitutional, null and void and of no effect wh
Defendant is unconstitutional, null and void and
of no effect whatsoever;
Counsel for the
defendants on record — the House
of Representatives and the Speaker, Mr. Yakubu Dogara — Mr. Kalu Onuoha, aligned with Kareem's position.
The indictment today charges that Bruno «routinely met with various individuals and
representatives of groups who asked that
defendant Joseph L. Bruno take action benefitting their interests regarding legislative, funding, contract, and regulatory issues pending before the New York State Legislature.»
The judgment read in part, «The crucial question that follows is this: when the 1st
defendant (House
of Representatives) sent the letter
of 20/3/2002 to the Plaintiff (el - Rufai) to appear before its Ethics and Privileges Committee, was it engaged in the making
of a law within its legislative competence or to expose corruption and inefficiency in a public department?
Castorina argues that the plaintiffs and others are «being denied their right to vote for a
representative in the vacant 11th Congressional District in New York due to the failure
of defendant to comply with mandatory provisions
of Article I, Section II, Clause IV
of the United States Constitution and the New York Public Officers Law Section 42 [3],» according to court documents.
The initial resolution called for extending the program for another year at a local cost
of $ 21,000 to be given to the District Attorney's office so a
representative could appear during a
defendant's arraignment proceeding.
In the Originating Summons marked FHC / ABJ / CS / 232/2018, the plaintiff 8 issues for determination by the court, including: Having regards to the combined provisions
of sections 79,116,118,132,153,160 (1) and 178
of the 1999 constitution as amended, the constitution read together with paragraph 15 (a)
of the third schedule to the same constitution, whether the 3rd
defendant (Independent National Electoral Commission) is not the only institution or body constitutionally vested with the powers and vires to organized, undertake and supervised elections to the offices
of the president, the vice president
of the federal republic
of Nigeria, the Governor and deputy governor
of a state, the membership
of the Senate, the House
of Representatives and the House
of Assembly
of each state
of the federation, including fixing the sequence and dates
of the elections to the said offices?
B. Upon the written request
of an authorized
representative of the Assistant Attorney General in charge
of the Antitrust Division, Settling
Defendants shall submit written reports or respond to written interrogatories, under oath if requested, relating to any
of the matters contained in this Final Judgment as may be requested.
A. For purposes
of determining or securing compliance with this Final Judgment, or
of determining whether the Final Judgment should be modified or vacated, and subject to any legally recognized privilege, from time to time duly authorized
representatives of the Department
of Justice, including consultants and other persons retained by the Department
of Justice, shall, upon written request
of an authorized
representative of the Assistant Attorney General in charge
of the Antitrust Division, and on reasonable notice to Settling
Defendants, be permitted:
Alsup ordered the other
defendants in the suit — BP PLC, ConocoPhillips, Exxon Mobil Corp. and Royal Dutch Shell PLC, all
of which had
representatives at the hearing — to submit briefs within two weeks detailing any points
of disagreement with Chevron.
Oil companies and their
representative trade associations are
defendants in our constitutional climate case against the federal government pending in the District
of Oregon.
The
defendant had Joseph Hickey, a UofO Master's student in physics and graduate student
representative of the UofO Senate, attend the cross-examination.
George et al. v. Newfoundland and Labrador 2013 NLTD (G) 170 Evidence — Opinion evidence — Expert evidence — General — When expert evidence required The
representative plaintiffs commenced this class action on January 5, 2011, for damages in respect
of personal injuries as a result
of moose - vehicle collisions in Newfoundland and Labrador (the
defendant).
While the number
of depositions will vary from case to case, depositions are often taken from the
defendant, any witnesses to the accident, friends and family members who are familiar with your injuries,
representatives from the
defendant's insurance company and your own doctors and health care providers.
1) Affidavit
of Documents to be completed by April 15th, 2002; 2) Examinations for Discovery
of the
Defendants shall be for two weeks commencing June 18th to June28th, 2002; 3) Examinations for Discovery
of the
representative Plaintiffs shall be held during the month
of July 2002.
There are over 60,000 legal practitioners employed in this sector and despite what the media say about the UK having a so - called «compensation culture», to process claims even
of low value still requires skill by both by the Claimant's and the
Defendant's
representatives.
It is possible to obtain injunctions which can be enforced against named and unnamed groups by careful use
of the
representative defendant mechanism provided for by CPR 19.6.
In such cases a
representative defendant is named as the party defending the case on behalf
of the class.
No, under the Class Proceedings Act, 1992 section 31 (2) class members, other than a
representative plaintiff /
representative defendant, are not liable for costs except with respect to the determination
of their own individual claims.
When the court gives permission for a personal claim, brought by a beneficiary
of an estate in his personal capacity, to be continued as a derivative claim, the personal
representative needs to be joined as a
defendant.
When different persons combine their lawsuits because the facts and the
defendant are so similar and where a single litigant's case is heard by the court as
representative of all (together, called a «class»).
For an individual who has a simple civil complaint it's possible that he or she will never see the inside
of a court room while often criminal cases will always require at least some time spent in a court room with a
representative from a Toronto criminal law firm who will assist in making declarations
of guilt or innocence with the
defendant.
The defense will want to know if there were any statements made at the time
of the accident where their agents or
representatives gave «admissions against interest» — in other words, said things that admitted the
defendant is to blame for what happened.
In spring 2016, Kelly Nash and Kimberly Baum successfully obtained a TRO and Preliminary Injunction in Utah's Third District Court for a large insurance / finance company precluding
Defendants from raiding its marketing
representatives throughout the US, which has caused in excess
of a million in lost sales to the client.
The plaintiff in the case
of Maree v. Willow Park Health Care Center is the personal
representative of the estate
of a woman who died while she was a patient at a long - term nursing facility operated by the
defendants.
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.
(2) Nothing in this section precludes the
defendant making the payment from demanding, as a condition precedent to such payment, a release from the plaintiff or the plaintiff's personal
representative or any other person to the extent
of such payment.
In the lawsuit, the personal
representative stands in the shoes
of the decedent and asserts a negligence claim against the
defendant.
In a wrongful death suit, the
representative of the deceased may also bring a claim on behalf
of the estate
of the deceased for conscious pain and suffering sustained as a result
of the
defendant's conduct.
Relying on Lex Machina's data, the GAO's analysis
of a
representative sample
of 500 lawsuits from 2007 to 2011 concluded that the number
of overall
defendants in patent infringement lawsuits increased by about 129 percent over this period.
Court Mandated Alternative Dispute Resolution - In Vermont federal courts, after an opportunity for limited discovery, the parties, their lawyers, and
representatives from insurance companies covering the
defendant must meet with a neutral evaluator who is knowledgeable in the subject matter
of the litigation to discuss all aspects
of the case.
Key draftsperson for submissions addressing purported class
representative's motion for conditional certification in case involving FLSA allegations in connection with representation
of defendant.
It will be chaired by a neutral party who will be a member
of the CJC, and will be made up
of representatives from all sides
of the debate, including claimants,
defendants, general practitioners and
representatives from NHS Resolution.
The Plaintiff, in a matter before a district court, sought to tender in evidence a recording
of a telephone conversation he had had with the
representative of the Third
Defendant, a Superintendent Minister.
In addition, GAO's detailed analysis
of a
representative sample
of 500 lawsuits from 2007 to 2011 shows that the number
of overall
defendants in patent infringement lawsuits increased by about 129 percent over this period.
Following this philosophy, I have found I am equally instructed by Claimant and
Defendant representatives year on year and have followed cases through to post litigation as a Case Manager where individuals have undertaken independent activities
of daily living, returned to work and run their own homes.
Only qualified legal
representatives are eligible to receive the new fixed costs but litigants in person can use the system if they so wish; Motor Insurers» Bureau (MIB) untraceable claims, claims where the claimant or
defendant is deceased, bankrupt or protected parties (other than children) will be excluded from the process on the grounds
of complexity; Rehabilitation will still comprise a fundamental part
of the new process; Claims valuation will not be undertaken by a computerised damages assessment tool as originally mooted.
Issues: Did the motion judge err by making a representation order authorizing the individual
defendants to defend the proceeding as
representatives of all the members
of Local 773 after the expiry
of the limitation period?
Rather than sue each
defendant individually, they proceed against a single
defendant who is considered
representative of the much larger class.
Although Justice Roland Haines recognized that there must be a
representative plaintiff with a claim against each named
defendant, he was not satisfied in the context
of a Rule 21 motion that a plaintiff must have a cause
of action against each member
of a putative
defendant class.
In many such cases, the frames would not necessarily generate opposite answers; this is seen in an earlier post about jury selection cases, where the right
of a juror to be seated correlates with the right
of the
defendant to a
representative jury.