Sentences with phrase «against named defendant»

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.

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.

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.

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.

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.