Sentences with phrase «against a plaintiff by»

In some cases, a defendant in a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious nature.

Everything that's posted on social media is considered public, and even the most well meaning remarks about a personal injury claim could potentially be used against a plaintiff by the defense.

Not exact matches

The strongly worded ruling from Judge Leon was in a case brought against the governors of the Federal Reserve by a group of plaintiffs including the National Association of Convenience Stores, the National Retail Federation, the Food Marketing Institute, Miller Oil Co., Boscov's Department Store and the National Restaurant Association.

The plaintiffs allege the ride - hailing company discriminates against people who use wheelchairs by not making available wheelchair - accessible cars in the San Francisco Bay Area.

Raymond Abbott's name appeared as lead plaintiff in a court case brought by Camden and several other poor school districts against the State of New Jersey, demanding that the state provide equal funding for all schools.

Not only did defendant adopt the name and imitate the bottles and cartons in use by plaintiff, but at the very beginning, when he started the manufacture and sale of his sauce in competition with the long established business of plaintiff, he printed on his bottle labels a caution to use «only the genuine Evangeline,» thus apparently seeking to create the impression that such «Evangeline» Tabasco Sauce was an old and established brand, against spurious imitations of which the public should be warned.

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

Judge Claudia Wilken, who presided over the O'Bannon case, issued an order declaring that the NCAA and some of the conferences will have to defend the rules against players receiving more than tuition, room and board (and now a cost - of - attendance stipend) in open court in a case brought by a plaintiff group that includes former Clemson cornerback Martin Jenkins and former Wisconsin forward Nigel Hayes.

Fed up, Parham became a plaintiff in the lawsuit filed Wednesday against Oak Brook - based McDonald's by the Center for Science in the Public Interest.

The class - action lawsuit against the Cemeteries Association of Greater Chicago, which represents the cemeteries, and Westlawn Cemetery, an association member, was filed by the Chicago Rabbinical Council and named one plaintiff, Carole Katz of Chicago.

c. General damages against defendant for violating the sexual right of plaintiff by sexually abusing her without her consent.

Plaintiff states again that 2nd Defendant has not said a word against this marauding show of power without any legal justification by the 1st Defendant's request of a deposit of filing fees for the 2016 Presidential and Parliamentary Elections thereby embolden 1st Defendant in perpetuating these obvious illegalities against the political parties and individual candidates in this 2016 general elections.

NYC Councilman Robert Jackson, who chairs the Council Education Committee and is an original plaintiff in the CFE case, is going to lead a protest Saturday against record setting education aid cuts proposed by Gov. Andrew Cuomo and the rollback of the settlement payout.

The court held that the Plaintiff has made more than sufficient references to the specific allegations, the dates and times were made plus the specific radio / media platforms on which the allegations were made by Defendants against the Plaintiff.

The Shanghai SIPG forward is praying the High Court to place a «perpetual injunction restraining the defendants, whether by themselves, servants, agents or assigns from repeating similar or other libelous words against the plaintiff as well as costs, including lawyers» fees.»

Lasher is running against Marisol Alcantara, a former union organizer for the New York State Nurses Association, and Robert Jackson, a former councilman who is also a plaintiff in a landmark case by the Campaign for Fiscal Equity, which argued that New York was under funding schools and not meeting its constitutional burden to provide children with a «sound basic education.»

However, on 10th July, the Commission received an order given by the Federal High Court, Abuja and dated 6th July, 2017, directing the «parties to maintain the status quo till the determination of the Plaintiff's motion on notice, in respect of the suit filed by the concerned senator, seeking orders of injunction against the Commission to stop it from acting on the petition by the Kogi West Senatorial District Registered Voters.

But on the same 10th July, the Commission received an order given by the Federal High Court, Abuja and dated 6th July, directing the «parties to maintain the status quo till the determination of the plaintiff's motion on notice» in respect of the suit filed by the concerned senator, seeking orders of injunction against the Commission to stop it from acting on the petition by the registered voters of Kogi West Senatorial District.

The plaintiff also sought an order of mandamus compelling President Muhammadu Buhari to immediately sack both ministers in public interest and public morality based on the allegations of attempts to influence court decisions recently levelled against them by two Justices of the Supreme Court.

The plaintiff, in its originating summons stated that «the allegations made against the 1st and 2nd defendants (Amaechi and Onu) by the two Justices of the Supreme Court of Nigeria... are grievous enough to warrant their arrest, investigation and prosecution by the 3rd and 4th defendants (DSS and EFCC).»

«Plaintiff has been severely prejudiced by the destruction of documents that could have shown the extent of the involvement of high state officials in adverse actions taken against Wandering Dago by state agencies.

The allegations by Kent and the others center on what the plaintiffs claim was an unfair attack on them by Spence and his allies regarding charges that a Rockland County council leader, Stephanie Lee, had misused a PEF bank card, making numerous personal purchases, which led to a court judgment of $ 64,104.88 against her.

Plaintiffs John Cocuzza, Jacquelin Millien, Greg Esposito, Stefan Tchor, Larry Lans and Melissa Seminara, Rockland County Corrections Officers and members of the Correction Officers Benevolent Association of Rockland County, or «COBARC» allege that after he was re-elected in 2015, Falco retaliated against them by filing disciplinary charges against them for publicly supporting his opponent, Richard Vazquez.

The plaintiff wants the suit, which also cites the Attorney General, to declare the action being initiated against the EC boss by the Judicial Council as unconstitutional, void and of no effect.

Appeal from judgment entered by the United States District Court for the Southern District of New York (Mark D. Fox, Magistrate Judge), which held that defendant Board of Education of the Newburgh Enlarged City School District intentionally discriminated against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and awarded damages to plaintiff.

The plaintiffs, Students Matter — a nonprofit founded by Silicon Valley entrepreneur David Welch — filed the Vergara lawsuit against the State of California, its Department of Education and the State Superintendent of Public Instruction.

Veteran teacher Rich Nixon, one of the six plaintiffs in the suit, said the drumbeat against due process was started by lawmakers who are more determined to silence teacher voices than improve public education.

Posted by Victoria Strauss for Writer BewareIn April, the law firm of Giskan Solotaroff Anderson & Stewart filed a class action lawsuit against Author Solutions Inc. and its parent, Penguin Group, on behalf of three plaintiffs, alleging breach of c... -LSB-...]

If you were served with a complaint but ignored it or failed to appear in court, the judge will most likely enter a default judgment against you in favor of the plaintiff and the plaintiff wins by default.

a. Following the approval of this Stipulated Judgment by the Bankruptcy Court and the dismissal of this adversarial proceeding against DOE, DOE will provide a copy of this Stipulated Judgment to Plaintiff s loan processor with instruction to adjust Plaintiff's monthly payment to $ 75 / month;

In February 2009, a lawsuit was filed against VaxGen by plaintiffs, Oyster Point Tech Center, LLC.

«In February 2009, a lawsuit was filed against us in the Superior Court of California for the County of San Mateo by plaintiffs, Oyster Point Tech Center, LLC.

«These unsubstantiated allegations stem from a single lawsuit filed against us by a single plaintiff who claims that levels of lead were found in three of our products that could be dangerous to pet health.

An Oregon judge ruled earlier this month that a complaint filed by more than a dozen young plaintiffs against the federal government — referred to by advocates as «the most important lawsuit on the planet right now» — can go to trial.

In the last two months, February and March 2018, multiple climate change accountability lawsuits moved forward: the New York Attorney General's argument against Exxon was bolstered by the Second Circuit Citizen's United decision, the Federal Government's writ of mandamus was rejected in favor of the children plaintiffs in the Juliana case, and in The People...

The plaintive plaintiff Dr. Tim Ball - much rebuked even before he launched his ill - considered lawsuit against Dr. Dan Johnson - is roughed up yet further in the Statement of Defence filed in December by the Calgary Herald.

Closer to home, a lawsuit filed by 21 youth plaintiffs (including Kelsey Juliana) and world - renowned climate scientist James Hansen on behalf of future generations against the U.S. government cleared an important hurdle in November 2016 when federal judge Ann Aiken rejected the government and fossil fuel industries» motion to dismiss the case.

Plaintiff's counsel falsely describes these reports as «a series of investigations and exonerations of Dr Mann» (pages 5 and 6 of January 18th memorandum), and falsely states that four university inquiries and five governmental agencies on both sides of the Atlantic have «conducted separate and independent investigations into the allegations of scientific misconduct against Dr Mann», and that «all of the above investigations found that there was no evidence of any fraud, data falsification, statistical manipulation, or misconduct of any kind by Dr Mann».

The latest climate lawsuit filed against major oil companies by a local government is, once again, being handled by the plaintiff's firm behind similar lawsuits in California and New York City.

(This desire of the defendant to defend himself against a multi-million dollar lawsuit is deemed by Mann's acolytes to be evidence of an unhealthy «obsession» with the plaintiff.

An Ontario Superior Court justice has found that the class action lawsuit brought against Deloitte LLP by lawyers who had reviewed documents for the firm constituted a success for the plaintiff class, and he has granted the representative plaintiff for the class a cost award.

The plaintiffs are represented by the law firm Sanford Heisler Sharp, which has also filed cases against Greenberg Traurig; Chadbourne & Parke (now Norton Rose Fulbright); Sedgwick; Ogletree Deakins; and Proskauer Rose.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

(2) Exceptionally, a plaintiff may succeed by showing that the defendant's conduct materially contributed to risk of the plaintiff's injury, where (a) the plaintiff has established that her loss would not have occurred «but for» the negligence of two or more tortfeasors, each possibly in fact responsible for the loss; and (b) the plaintiff, through no fault of her own, is unable to show that any one of the possible tortfeasors in fact was the necessary or «but for» cause of her injury, because each can point to one another as the possible «but for» cause of the injury, defeating a finding of causation on a balance of probabilities against anyone.

If the successful plaintiff has a cost award against the defendant, most of these disbursements will be paid by the defendant.

The original $ 18 billion verdict against Chevron was overturned, and plaintiffs» lead counsel was sanctioned, all because the underlying verdict had been «obtained by corrupt means.»

By way of an originating summons, the plaintiff sought leave of the High Court to appeal against the partial award on a question of law.

Although this plaintiff failed at the motion to dismiss stage, we should remember that tort suits against the government are always tricky, given the limits imposed by sovereign immunity.

But that certainly wasn't the case in the Chevron suit, where a U.S. judge upheld a racketeering case against the plaintiffs» lawyer, stating the Ecuador judgment was obtained by corrupt means.

Acted for Laroe Estates before the US Supreme Court in a dispute over when intervenors as of right must independently demonstrate Article III standing, following Laroe's attempt to intervene in a suit brought by an individual plaintiff against the Town of Chester.