Conducted witness preparation for depositions and trial and conducted general trial preparation in connection with lawsuit involving dispute over purchase of mineral interests; plaintiffs purported to seek relief
against named defendant under theories of breach of oral contract to purchase mineral interest lease, estoppel, reliance, and fraud.
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 Ontario a representative plaintiff must have a cause of action
against each named defendant: Ragoonanan Estate v. Imperial Tobacco Canada Limited, (2000) 51 O.R. (3d) 603 (S.C.J.) and Boulanger v. Johnson & Johnson, [2002] O.J. No. 1075.
If the spouse can not be located, the court can require notice of the divorce published in local periodicals before entering a default
against the named defendant.
Not exact matches
O'Leary himself is
named as a «mise en cause,» someone who is not the main
defendant but could be included if the plaintiff believes it may be necessary down the line to invoke a judgment
against that person.
An indictment in Atlanta federal court
against Shalon and Aaron
names as a
defendant an unidentified hacker believed to be in Russia.
Kohut has now filed the first sex - abuse lawsuit
against the Vatican actually
naming Pope Benedict, previously known as Cardinal Joseph Ratzinger, as a
defendant.
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.
The federal courts found the Grand Street projects themselves, run by Silver allies, discriminated
against black and Latino applicants in a suit that
named Ralph Lippman, the father of the chief judge, as a
defendant.
The attention of EFCC was drawn to the suit before the Chief Judge of Rivers state in Port Harcourt where an interlocutory order was granted
against the
defendants and same restrained them from further publishing the
name of Secondus.
A High Court claim brought by donor Michael Foster is currently
against one
named defendant - the party's general secretary Iain McNicol, who is being sued in a representative capacity.
The publisher of the ever - popular For Dummies series of titles has once again taken steps to combat illegal file sharing of its works, again successfully filing a lawsuit — for now, at least —
against defendants named only as John Doe.
Followed shortly thereafter by the news that Argo had been
named as an additional
defendant in a lawsuit filed by Cascade Fund LLC
against ACMH.
My summary of the case is: A trial judge — he wasn't
named in the Court of Appeal but his
name can easily be discovered — had dismissed plaintiff's claim
against the
defendant bank and a solicitor for breach of fiduciary duty and negligence.
Nicknamed «Black Magic» by detectives for her seeming ability to get lab results no other chemist could, Gilchrist was never prosecuted for her alleged misdeeds, though she reportedly was
named a
defendant in at least one lawsuit
against the city by a convicted rapist who was later exonerated.
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 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.»
Eight of the
named defendants brought a motion for a summary judgment to have the claims dismissed by reason of there being no cause of action
against them.
It is said that, under the form of writ used in this case, the
defendant in the prosecution which might follow an indictment by the grand jury would not be apprised of the
name of the precise witness who might have appeared
against him, and § 829 of the Revised Statutes and the Sixth Amendment of the Federal Constitution are invoked.
Last week, the Manhattan - based Appellate Division, First Department, reversed the lower court's decision and reinstated the derivative claims
against some (but not all) of the
named defendants.
Importantly, this applies whether or not the convicted person is actually a
named defendant in the action, meaning the conviction operates as proof there was wrongdoing even
against non-offending
defendants to a civil suit.
Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the generic form of a drug may bring failure to warn claims
against the brand -
name manufacturer of the drug if the brand -
name defendant acted recklessly by «intentionally fail [ing] to update the label on its drug while knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use.»
Since the case
named a government entity as a
defendant, the plaintiff's complaint needed to meet certain additional procedural requirements not present in cases
against citizens or businesses.
Inc. v. Pestco Co., where the Ontario Court of Appeal granted an injunction
against the
defendant from using the
name «Orkin» in Canada, even though the plaintiff did not actually carry on any business in Canada.
In Sprunk v. Prisma LLC (August 23, 2017), the Court of Appeal (Second Appellate District, Division One) considered whether a
defendant in a putative class action can waive its right to compel arbitration
against absent class members by deciding not to seek arbitration
against the
named plaintiff.
Served as lead counsel for the
defendant and obtained reversal by the Seventh Circuit Court of Appeals of a district court's order certifying a 29 - jurisdiction class action alleging consumer fraud by a Fortune 50 retailer, and subsequently successfully moved for dismissal with prejudice of
named plaintiff's claims and obtained a nationwide injunction
against future attempts to certify a class based on similar allegations.
Stanford plaintiffs represented by Snyder are seeking at least $ 300 million in compensatory damages and punitive damages in the suit
against Adams & Reese, which also
names the Breazeale firm and a litigation partner in its Baton Rouge office, Claude Reynaud, Jr., as
defendants.
Three former Ogletree Deakins Nash Smoak & Stewart PC attorneys have added their
names to a $ 300 million gender discrimination class and collective action
against the firm, according to an amended complaint filed Friday in California federal court, which also added Ogletree Deakins» managing shareholder as a
named defendant.
By entering the
name of the plaintiff and the plaintiff's law firm, users immediately get an overview of the plaintiff's litigation history including recently filed cases
against other, similar
defendants; where the plaintiff typically files suit; how much experience its law firm has; and the kinds of clients they typically represent.
The claim
against the other
named defendants, who played no role in design, manufacture or distribution of the plaintiff's smoke alarm but may have in respect of the other class members, was struck.
The court entered a default judgment
against Davey after he refused to
name the «John Doe» supplier Bergen also
named as a
defendant in the case.
In some instances a plaintiff may be successful at trial
against one
defendant, but lose
against multiple other
defendants who the plaintiff has
named and, in the... [more]
It did not
name the Cayman companies as
defendants in that proceeding, but it did seek, and originally obtained, a worldwide Mareva
against Malofeev.
3/4/08 - Former
defendant Anthony Ciolli filed a lawsuit in Pennsylvania state court
against the plaintiffs, their lawyers, and other
defendants for wrongful initiation of civil proceedings, abuse of process, libel, slander, false light invasion of privacy, tortious interference with contract, and unauthorized use of
name or likeness.
The lawsuits are
against Phoenix based Making All Homes Affordable, LLC («MAHA») and its owner Albert Figueroa and Tucson based La Paz Source, LLC, its owners,
Defendant Maria Beltran and her husband,
Defendant Francisco Ramos and their new operation La Placita Multi Services, LLC owned and operated by Beltran and an individual
named Arturo Gomez Leon.