Sentences with phrase «ability of that defendant»

This goes on unimpeded because MDL courts often limit the ability of defendants to scrutinize individual claims within an MDL.

'» Relevant considerations include the «' reasonableness between the damages sustained and the amount of the award and the measurement of punishment required, whether the award will amount to double recovery, the proportionality between the compensatory and punitive damages, and the ability of the defendant to pay.

Moreover, a concern for modesty would entail limiting and structuring retributive damages payments so they operate as an intermediate sanction, and hence, won't jeopardize the ability of the defendant to continue his life or business in compliance with the law's dictates.

I think it is safe to say that the Supreme Court will not decide the case based on the ability of the defendant to pay, even if he has insurance.

Not exact matches

«Whether such cases end in conviction or acquittal appears to rest on, firstly, the ability of police or prosecutors to link the defendant with a particular association, and secondly, whether the judge decides to uphold an individual's constitutional right to share beliefs as a private citizen,» Victoria Arnold reported for Forum 18.

He also sought an order of perpetual injunction restraining the defendants and their agents from interfering with his rights and or privileges as a senator and preventing him from entering «or remaining within the precinct or chamber of the Senate or National Assembly or attempting to forcibly remove him from the chamber or precinct of the National Assembly or in any way impeding or undermining the plaintiff's ability to function as a senator of the Federal Republic of Nigeria.»

Gipson said the law includes a wide variety of provisions that make it more difficult for persons who shouldn't have guns to obtain them and expands the ability of judges to access mental health assistance for mentally ill defendants.

His priorities include implementing procedures to deal with new requirements to provide counsel to all defendants at the initial arraignment; taking advantage of modern information technology in the court to process its caseload and exchange information with other parts of the state court system; and to improve the court's ability to address the problems of domestic violence and substance abuse.

There is no presumption of innocence for the defendant — no burden of proof for the prosecution — and those facts, at least, are enough for Aiken, who quickly starts earning sideways glances from his friends and his sweetheart Sarah (Alexis Bledel), to look just far enough past his own presuppositions and defend Surratt to the best of his abilities.

The testimony supports a major contention of the defendants, that it's not exclusively the caliber of teachers that affects learning; it is also external conditions that bear on a student's ability to learn.

Apple and the Publisher Defendants recognized that coupling Apple's right to all of their e-books with its right to demand that those e-books not be priced higher on the iBookstore than on any other Web site effectively required that each Publisher Defendant take away retail pricing control from all other e-book retailers, including stripping them of any ability to discount or otherwise price promote e-books out of the retailer's own margins.

The effect of this MFN was twofold: it not only protected Apple from having to compete on retail price, but also dictated that to protect themselves from the MFN's provisions, Publisher Defendants needed to remove from all other e-book retailers the ability to control retail price, including the ability to fund discounts or promotions out of the retailer's own margins.

However, Section V.D expressly recognizes that, after the expiration of the two - year period described in Sections V.A and V.B, the anti-retaliation provision does not prohibit Settling Defendants from unilaterally entering into and enforcing agency agreements with e-book retailers that restrict a retailer's ability to set or reduce e-book prices or offer promotions.

The termination of an agreement between the Settling Defendant and the E-book Retailer that restricts, limits, or impedes the E-book Retailer's ability to set, alter, or reduce the Retail Price of any E-book or to offer price discounts or any other form of promotions to encourage consumers to Purchase one or more E-books; or

The Publisher Defendants continued to fear that Amazon would act to protect its ability to price e-books at $ 9.99 or less if any one of them acted alone.

d. Declare null and void the Apple Agency Agreements and any agreement between a Publisher Defendant and an e-book retailer that restricts, limits, or impedes the e-book retailer's ability to set, alter, or reduce the retail price of any e-book or to offer price or other promotions to encourage consumers to purchase any e-book, or contains a retail price MFN;

The Apple Agency Agreements contained two primary features that assured Publisher Defendants of their ability to wrest pricing control from retailers and raise e-book retail prices above $ 9.99.

The effect of this MFN was twofold: it not only protected Apple from having to compete on retail price, but also dictated that to protect themselves from the MFN's provisions, Publisher Defendants needed to remove from all other e - book retailers the ability to control retail price, including the ability to fund discounts or promotions out of the retailer's own margins.

Among the relief requested by the department in the lawsuit is the nullification of the Apple Agency Agreements and «any agreement between a Publisher Defendant and an ebook retailer that restricts, limits, or impedes the ebook retailer's ability to set, alter or reduce the retail price of any ebook or to offer price or other promotions to encourage consumers to purchase any ebook, or contains a retail price MFN (most favored nation status.)

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

Apparently even that right is still under contention: many jurisdictions impose fees on defendants for the use of public counsel, regardless of their (in) ability to pay.

A sensational Toronto murder trial this week is drawing attention to the issue of self - represented defendants in the court and their ability to cross-examine witnesses in sensitive circumstances.

The recovery from the State of a private prosecutor's costs at exorbitant private rates; the availability of compensation orders which would reimburse the private prosecutor; the ability of a private prosecutor to recover some of its costs even if the prosecution is stayed or the defendant is acquitted.

Since then, and particularly in recent years, there have been a large number of initiatives designed to curb costs, such as limiting Legal Aid, and the removal of the ability to claim so - called additional liabilities in «no win, no fee» agreements - from paying defendants, costs budgeting and the use of alternative dispute resolution.

[109] In particular, the defendants resist the suggestion that proof of the ability of the seatbelt to prevent or reduce the injury that he suffered required expert evidence on their part...

Defendants, of course, will rejoice at having the ability to make use of their offer money while it would otherwise have languished in court earning no interest for 21 days and thereafter only a modest 4 %.

The Plaintiff must prevail and get in excess of 60k or the Plaintiff will not only lose the ability to be compensated for costs, but will have to pay the Defendant's costs from the date of the offer forward.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate.

Even though actual results will always vary by season, market area and demographic makeup, this browsing ability helps take the guess work out of what's possible with lawyer to defendant direct mail.

Following «TC Heartland,» a literal reading of the patent venue statute, 28 U.S.C. § 1400 (b), could suggest that no venue is appropriate against such a defendant, thereby eliminating the ability of patent owners to take action against international infringers.

If a jury finds that a defendant was negligent, it may award past and future medical expenses, lost wages including for time spent going to doctor's appointments, property damage, the cost of hiring someone to do household tasks you aren't able to do because of the accident, emotional distress, permanent disfigurement or disability damages, and any reduction in your future earning ability because of the injury.

This is achieved due to: a more comprehensive knowledge of the most very recent peer reviewed literature, my prior research and also practical expertise in each subject, the sheer degree to which each and every case is investigated (described by one defendant (in 2016) who was acquitted, as being «relentless»), and the ability, as a result of long experience in dealing with very complex cases, to produce concise effective reports to tight deadlines, even in the most complex and demanding cases, often where expertise in several different areas is urgently required.

Despite having the ability to refile your case you have to be aware that if the defendant is crafty his attorney will want to dispose of you completely through dismissals.

Since the Court did not apply the principle of joint and several liability of the defendants (the ability to recover all the damages from any of the defendants regardless of their individual share of the liability), Robinson will have to collect his award from his opponents one by one under proportionate liability.

Chutskoff alleged that the defendants agreed to represent him in challenging the Alberta registration of a Saskatchewan judgment, but changed their mind a few days later, thereby compromising his ability to respond to the historically successful registration of the judgment.

They pointed out that the court had no ability to actually ascertain the connection of the defendant to the state while he continued to obscure his identity.

Rangers Retail v TRFC [2017] EWHC 737 (Ch)-- a case concerning the ability of a JV partner to bring a derivative action when the JV agreement purports to exclude any right to sue the defendant.

«At all pertinent times, Fannye was a helpless, mentally compromised, one - eyed amputee with inter alia limited communication ability, who was totally dependent on defendant... for her basic activities of daily living... and everything else,» according to a civil complaint filed in the Williamsburg - James City County Circuit Court.

They assert this position to preserve an ability to argue the issue in another forum as counsel for the defendants otherwise concedes that this Court is bound by Iannone v. Hoogenraad (1992), 66 B.C.L.R. (2d) 106 (C.A.), leave to appeal dismissed [1992] S.C.C.A. No. 185, which holds that failure to declare tip income is no bar to the recovery of undeclared tips as past wage loss.

In addition to the unnerving effect the charge has had on some defendants» decision on how to plead, the charge also faced criticism for making a mockery out of the criminal justice system because the fees are too high, disproportionate to sentences and do not take into account the defendant's ability to pay.

The focus is on the defendant or offender, whatever doubts there may be about the quality of the prosecution case or the abilities or motives of the complainant or prosecution witnesses.

In the circumstances it would further the object of these rules, particularly the ability to justly, fairly, and efficiently determine the issues on the merits at trial, that if the defendants intend to rely on this objection, that the application must be made and set down for hearing prior to trial and within two weeks of today's date.

The issue arose whether the lost recording justified a stay of proceedings resulting from the impact on the defendant's ability to advance a defence of «honest but mistaken belief in consent» and «the ability to fully cross-examine the complainant».

Further to my previous posts about Independent Medical Exams in BC Supreme Court Injury Claims unpublished reasons for judgement recently came to my attention (Hou v. Kirmani BCSC Vancouver Registry, 20091119) dealing with the ability for a Defendant to have an injured party undergo multiple exams where the first defence expert feels an opinion from a second expert would be of benefit.

As previously discussed, when a Defendant is insured with ICBC their ability to set up an «independent «medical exam can be compromised if ICBC exercised their rights to have the Plaintiff examined under section 99 of the Insurance (Vehicle) Regulation and if that exam went beyond what was required for a «part 7 ′ opinion.

A defendant's ability to challenge the accuracy of the breath readings with evidence to the contrary has been severely restricted by the July 2, 2008 amendments to the Criminal Code in Bill C - 2.

It is his position that it would be fundamentally unfair to limit the defendant's counsel's ability to have a full and complete cross-examination of the witnesses, which he says can only occur if the witnesses are physically present in the courtroom.»

[20] On the question of probative value, the defendants already have in their possession dozens of photographs and more than ten videos which show the plaintiff's physical abilities and social activities in the years following the accident.

The Green Paper makes lots of proposals for change, but principally the removal of the recovery of after the event insurance (ATE) premiums and success fees from defendants, and the substitution of one way qualified costs (QOCS) shifting in its place is set to savage a clients ability to have the confidence to bring a proper claim.