Sentences with phrase «action against the defendant in»

It had been her decision to commence the unsuccessful action against the defendant in the first instance.

Not exact matches

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

We believe that market - rigging tactics of which banking institutions have been repeatedly accused — and, in many cases, are legal defendants in actions brought against them — have been disguised but are still widely practiced.

Lawyers for Charlotte Osei also demanded the list of workers who were behind the petition «to enable us commence legal action against them for the defamatory statements contained in their petition failing which our client will be constrained to proceed against you alone as defendant in the suit our client intends to commence against them since you are to all intents and purposes, their agent.»

She said this was «to enable us commence legal action against them for the defamatory statements contained in their petition failing which our client will be constrained to proceed against you alone as defendant in the suit our client intends to commence against them since you are to all intents and purposes, their agent.»

In the suit by his lawyer Chief Mike Ozekhome (SAN), Dokpesi is also praying for a perpetual injunction restraining the defendants or their agents from further making any defamatory publications against him, and N50million as cost of the action.

I just finished reading U.S. District Judge Denise Cote's 56 - page opinion and order in the eBooks class action lawsuit filed against Apple and five Defendant Publishers.

News — 1) TeleRead has a good roundup of the latest legal filings by Penguin (PDF) and Macmillan (PDF) in the DOJ antitrust suit and by Apple in the class action suit against the same defendants.

The South Florida Lawyers blog reports that the auction rate securities action filed against Wachovia in federal court in Florida is, well, going poorly for the defendant at the moment.

The national court therefore has its own sphere of discretion when examining the action against the defendant, and the Commission can not be considered as the judge and the party in its own cause.

In those circumstances justice requires that the [costs] Defendants should in principle pay the Claimants» costs of their action against SGP1 [the defendant].&raquIn those circumstances justice requires that the [costs] Defendants should in principle pay the Claimants» costs of their action against SGP1 [the defendant].&raquin principle pay the Claimants» costs of their action against SGP1 [the defendant].»

He represents both claimants and defendants and has great experience in all types of clinical negligence actions including cases against hospitals, general practitioners and associated healthcare professionals.

Acting for the defendants in respect of substantial and complex fraud claims arising out of a commercial transaction, which involved dealing with freezing injunctions obtained against the defendants and the co-ordination of actions in various jurisdictions.

In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuiIn future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuiin each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuiin a single state court lawsuit.

Defeating conditional certification of a national FLSA collective action filed in the U.S. District Court for the Northern District of California alleging unpaid overtime for all nonexempt employees of a national furniture retailer and getting claims dismissed against the individual defendants;

In the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying actioIn the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying actioin obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying actioin the underlying action.

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

Class actions are designed so that many people with relatively modest claims can band together to form a class in order to prosecute an action against a common defendant.

The action against the defendant law firm was commenced in 2009.

January 29, 2003 835 So.2 d 1251 2003 Store patron had no claim for spoliation of evidence against department store that was also defendant in patron's underlying negligence action.

An action against the two defendants began in 2003.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

It will make it impossible to bring a nationwide mass action in state court against defendants who are «at home» in different States.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

«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 California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insureIn California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurein a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurein addition to the judgment for damages against a defendant insurer.

After suffering an injury in 2008 on premises controlled by the Border Services Agency, a plaintiff brought an action against Border Services and an additional defendant who had control over conditions at the accident location.

The court found that the plaintiff did not allege in her amended complaint that the second defendant received notice of the action, or that it knew or should have known that the action would be brought against it.

The action languished for some time, in large part because the plaintiffs» solicitor had difficulty in resolving how to deal with the claim against the second defendant.

«In light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.&raquIn light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.&raquin Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.»

The family of Lola Norton, deceased brought a wrongful death action against a number of defendants who were affiliated with a nursing home in which Bernard Norton's wife, Lola died.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pAgainst Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

The plaintiff filed a premises liability action against the defendant, claiming that he was negligent in having the plaintiff move the glass.

In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and.In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and.in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and...

The class action brought against FCA NV, FCA and FCA Canada Inc. (FCA Canada) alleges that Canadian purchasers of the Vehicles were deceived by the defendants» failure to disclose the presence of this software, resulting in losses and damage to members of the class.

Tuck v. Supreme Holdings Ltd. et al. 2014 NLTD (G) 131 Evidence — Limitation of Actions — Practice Summary: The plaintiff commenced an action against the defendants on February 28, 2012, to recover damages allegedly sustained in a motor vehicle collision that occurred... [more]

In Breeden, the plaintiff commenced defamation actions in Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered in the United StateIn Breeden, the plaintiff commenced defamation actions in Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered in the United Statein Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered in the United Statein the United States.

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

[5] Conversely, a delay of approximately 7.5 years was held not to be inordinate in the context of an action against a number of defendants for breach of fiduciary obligations.

[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant seeking damages in the amount of $ 14,933.22 for breach of contract.

The settlement brings to a close the consolidated class action lawsuit brought in 2010 by multiple retirement funds against Countrywide and other defendants for securities violations involving the packaging and sale of MBS.

This was an action of trespass, brought in the Court below, by the plaintiff in error, against the defendant in error, for an assault and battery, and false imprisonment, to which the defendant pleaded the general issue, and a special plea of justification.

In this case involving a breach of contract action filed by a condominium association's property management company against an insurance company, concerning the scope of a policy issued to the condo association, the Alexandria U.S. District Court says defendant carrier...

In fact, they can not be, since the claims in the Crown action are against different defendants and involve public, not private, law claims.&raquIn fact, they can not be, since the claims in the Crown action are against different defendants and involve public, not private, law claims.&raquin the Crown action are against different defendants and involve public, not private, law claims.»

In the process of defending large national class actions, Sterling Cluff saw firsthand how defendants can take advantage of individual consumers and the benefit that individuals gain in their fight against formidable corporations by banding together to form classes with the force of «what's right» behind theIn the process of defending large national class actions, Sterling Cluff saw firsthand how defendants can take advantage of individual consumers and the benefit that individuals gain in their fight against formidable corporations by banding together to form classes with the force of «what's right» behind thein their fight against formidable corporations by banding together to form classes with the force of «what's right» behind them.

If a victim dies of injuries sustained by a defective product, the victim's immediate family members may be entitled to recover damages sustained by the family members as a result of the victim's death in a wrongful death action brought against the same defendants.

$ 85,000 Verdict in favor of steel fabricator Plaintiff in a breach of contract action against Defendant for failure to pay for steel used in the creation of a United Airlines Terminal vestibule at O'Hare Airport.

Defense of class action claims against multi-level marketing firms alleging that the defendants were participating in illegal Ponzi schemes