Sentences with phrase «action of the defendant»

He said all probes should come together, especially given that the charge of «rebellion» implies the «coordinated» action of all defendants.

The plaintiff's attorney will generally state what he or she is trying to prove with regard to the actions of the defendant.

Prove that any and all financial losses are direct result of the negligent actions of the defendant (driver, property owner etc)

In a personal injury case in Colorado, the burden of proof that a plaintiff carries to prove causation is proof by preponderance of the evidence, which essentially means that the plaintiff must prove that it is more likely than not that their injuries were caused by the actions of the defendant.

Rather, it is a case like many others in which, given the current state of knowledge, it is not possible to prove whether the negligent actions of a defendant caused harm.

This line of argument supposed that the third party's actions caused a new, independent and unforeseen harm that superseded any actions of the defendant.

[29] Although the plaintiff pleads that numerous local entities (it is amazing that he did not include the animal life) will be affected by the actions of the defendants, there is no proof of such an impact, just bold assertions.

You will be awarded punitive damages in your injury lawsuit if the judge determines that the actions of the defendant were malicious or done with the purpose of causing harm.

«There is no evidence in the record that the defendants dealt with any copy of the book that was not produced by Gilgamesh Africa or under its authority, or that does not bear the imprints «Gilgamesh Africa 2012» (there is a reference in the record to the existence of pirated copies of the book in Kenya, but there is no suggestion that there is any link between that and the actions of the defendants in this case),» he wrote in Miguna v. Walmart Canada.

The inequity of such a decision would have been compounded by the fact that the landlord had since gone bankrupt and, had it not been for the actions of the defendant, the monies would have been as good as lost to the claimant.

The actions of the defendant were committed before SOA 2003 came into force.

In order to prove liability, the plaintiff must show that there was a legal duty owed to them, that it was breached by the actions of the defendant, and that it resulted in damages.

«Realtysellers operated for almost seven years until it was forced to close as a result of the actions of the defendants.»

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.

He would of course be entitled to the reasonable doubt that the law grants all defendants were he ever criminally charged for this or other actions.

Snipes said that ultimately, experts cancel each other out in the minds of jurors, who instead look at the defendant's actions.

The document did not name any Americans as willing co-conspirators, and it did not make a judgment on whether the defendants» actions affected the outcome of the election — something the president trumpeted.

It also did not make a judgment on whether the Russian defendants» actions altered the outcome of the election.

Claim VI alleges that each defendant has derivative liability for the actions of the other defendants.

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.

If an action is dismissed with prejudice for lack of standing, the defendant will be considered the prevailing party and attorney's fees can be awarded under 35...

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company was engaged in predatory lending practices that saddled subprime borrowers and / or those with poor or limited credit histories with high - interest rate debt that they could not repay; (ii) many of the Company's customers were using Qudian - provided loans to repay their existing loans, thereby inflating the Company's revenues and active borrower numbers and increasing the likelihood of defaults; (iii) the Company was providing online loans to college students despite a governmental ban on the practice; (iv) the Company was engaged overly aggressive and improper collection practices; (v) the Company had understated the number of its non-performing loans in the Registration Statement and Prospectus; (vi) because of the Company's improper lending, underwriting and collection practices it was subject to a heightened risk of adverse actions by Chinese regulators; (vii) the Company's largest sales platform and strategic partner, Alipay, and Ant Financial, could unilaterally cap the APR for loans provided by Qudian; (viii) the Company had failed to implement necessary safeguards to protect customer data; (ix) data for nearly one million Company customers had been leaked for sale to the black market, including names, addresses, phone numbers, loan information, accounts and, in some cases, passwords to CHIS, the state - backed higher - education qualification verification institution in China, subjecting the Company to undisclosed risks of penalties and financial and reputational harm; and (x) as a result of the foregoing, Qudian's public statements were materially false and misleading at all relevant times.

The class action, filed in United States District Court, for the Central District of California, and docketed under 17 - cv - 09157, is on behalf of a class consisting of investors who purchased or otherwise acquired Crypto securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

The class action, filed in United States District Court, Southern District of New York, and docketed under 17 - cv - 09903, is on behalf of a class consisting of investors who purchased or otherwise acquired Qudian's American Depositary Receipts («ADRs») pursuant and / or traceable to Qudian's false and misleading Registration Statement and Prospectus, issued in connection with the Company's initial public offering on or about October 18, 2017 (the «IPO» or the «Offering»), seeking to recover damages caused by Defendants» violations of the Securities Act of 1933 (the «Securities Act»).

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.

The first line of cases began with In re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practices.

In recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed fraud.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

The class action, filed in United States District Court, for the Southern District of New York, and docketed under 18 - cv - 00646, is on behalf of a class consisting of investors who purchased or otherwise acquired Xunlei securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

The action of testifying has an intimate relation to an institution — the judiciary; a place — the court; a social function — the lawyer, the judge; an action — to plead, that is, to be plaintiff or defendant in a trial.

Dean Foods has announced the dismissal of a Tennessee retailer - led action alleging that — together with other defendants such as Dairy Farmers of America — it conspired to only buy milk from the latter in return for its virtual monopoly on milk retail...

Jack, District Judge: Plaintiff, McIlhenny Company, a corporation of the State of Maine, which, with its predecessors, for many years past, has manufactured at Avery Island, Louisiana, a condiment known as «Tabasco Pepper Sauce,» brings this action against defendant Ed.

The jury's job is only to determine whether or not the defendant's actions meet the requirements of the crime.

``... ORDERED, that each and every Defendant, pursuant to Federal Rule of Procedure 65, is enjoined from submitting, enacting, or implementing emergency appropriations bills containing the furlough and wage provisions challenged in these actions.»

But since 2006, if a criminal action is commenced against a defendant for one of those worst child sexual abuse crimes, the victim has five years from the date the criminal action is ended to file a civil suit against only the abuser.

In Percoco's case, there's no question the defendants accused of bribing him wanted specific actions from New York's government.

«When we consider the defective jury charge together with these arguments and the lack of instruction cautioning the jury that a meeting is not official action, we can not conclude beyond a reasonable doubt «that a rational jury would have found the defendant [s] guilty absent the error.

Judge Eugene Devine heard a roughly 90 - minute series of arguments from Lewis, along with defendant lawyers from the attorney general's office and intervenors for Citizens Action and the Brennan Center for Justice.

Counsel for the 1st Defendant (Tiger Eye PI) took the view that in the event of a violation of the confidentiality rule the party affected may take action in defamation.

«Furthermore, the mere allegation that the 3rd Defendant / Applicant is dissatisfied with and aggrieved by the said ruling or that there had been misdirection or a series of them is not a fair, just, or special circumstance warranting an application for the grant of stay of proceeding in this action,» Mr. Amidu argued.

The suit by his lawyer, Chief Mike Ozekhome (SAN), showed Dokpesi 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.

And that «if payments have been made to the 2nd and 3rd Defendants under agreements other the two * dated 26th April 2006 *, which were terminated, issues relating to those payments would have to be determined in a forum other than this Court (Supreme Court) and in a different action, since they do not come within the issue of constitutional interpretation raised by the Plaintiff's writ».

Adeniyi said the defendant's action attracted a crowd and disrupted the activities of the ministry before the police within the premises intervened.

In none of these cases has the defendant been in the US when the crime is alleged to have been committed, and all of the cases could be prosecuted here if not for the refusal of the British prosecuting agencies to consider this course of action.

With the defendants indicted, the action in Clean Sweep moved to the Ulster County Courthouse where the sudden influx of drug cases strained the resources of the district attorney's and the public defender's offices.

Yet when pressed specifically on the interwoven nature of the defendants actions — which include $ 322,000 in alleged bribes for Percoco in exchange for helping companies with business before the state — and those of Cuomo, Bharara refused to opine on what the governor may have known or been involved in.

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.»

«Free speech is the cornerstone to our democracy and the defendants» actions in this instance are a flagrant violation of my client's protected rights as a citizen of this nation,» Vacco said.

They cited three previous cases where courts ruled such questions are «relevant and probative» when they concern a defendant's actions in the context of a securities fraud prosecution, including that of pharmaceutical executive Martin Shkreli, whom Agnifilo represented.