Sentences with phrase «against plaintiff»

Special costs were awarded against the plaintiff.

«While it is true that in his December 17, 2004 order, Judge Testa found that defendant improperly alienated her daughters» affections toward their father, in that same order the judge made similar findings against plaintiff.»

On August 14, Federal Judge Richard G. Kopf (appointed by President Reagan) preliminarily enjoined enforcement of Nebraska's partial - birth abortion law against the plaintiff, Dr. Leroy Carhart.

In eDekka LLC v. 3Balls.com Inc., Eastern District of Texas Judge Rodney Gilstrap ruled against plaintiff eDekka's patent infringement claims and invalidated the patent in question.

By the way. I checked the Plaintiff (BidMyCrib.com) using Google. They have many good reviews, and an «A» rating with the Better Business Bureau. Since 2007 Plaintiff has only had 4 complaints. All 4 complaints appear to have occurred after their relationship with Defendant, so maybe there is a lot more to this story than what you're reporting. I also checked to see if they have had any type of lawsuits against them; I found no lawsuits against Plaintiff (BidMyCrib LLC or BidMyCrib.com).

The Court concluded that in the absence of a right of subrogation, and having not incurred any liability for fees and disbursements in defending the claim, the defendant was not entitled to a costs award against the plaintiff.

One of the documents to the contract set out a number of terms which limited the liability of the defendant as against the plaintiff for a wide variety of issues, including delay in construction.

However, in Douez v. Facebook, the Supreme Court of Canada has recently held, in a 4 - 3 decision, that Facebook could not enforce that clause against the plaintiff, a British Columbia woman complaining that their use of her photo and name in advertising breached her rights under British Columbia's Privacy Act.

Also argues that even if the Court agrees the evidence of payment from a government insurer should be excluded, it should allow for an offset of the phantom damages against the plaintiff's compensatory damages aware, or otherwise allow the defendant to introduce evidence of the provider's willingness to discount charges for other patients.

In this case, the defendant expressly denied to the court any malice against the plaintiff.

Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff / claimant's...

After obtaining a jury's favorable answer to whether plaintiff's physical condition was a substantial motivating reason for his termination, the jurors found against plaintiff on whether the conduct was a substantial factor in causing harm to plaintiff.

5 Nov. 17, 2016)(unpublished), defendants won a «waste» lease dispute against a plaintiff alleging two tort claims, and one of the defendants also won on a slander cross-claim (resulting in $ 1 nominal damages), but lost on three other cross-claims.

The court also upheld the jury's $ 6M damage verdict in Meriturn against the plaintiff's claim that it was too low (the plaintiff sought over $ 23M,) While the plaintiff sought lost profits (profits lost as a result of the investment going bad due to the bad patent advice), those damages were foreclosed by the «new business» rule.

What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then going forward to award discovery sanctions and attorney's fees against plaintiff and in favor of the defendant.

The court below, the Circuit Court of the United States for Missouri, in which this suit was afterwards brought, followed the decision of the State court, and rendered a like judgment against the plaintiff.

The defense was then awarded over $ 1.79 million against plaintiff based on a fees clause in a written Stock Purchase Agreement.

The jury found against the plaintiff on the breach of contract claim and found for our client on its counterclaims for fraud and misrepresentation.

Digging deeper or pestering the defendant for more information that is not clearly linked to the net worth in question can constitute an abuse of the court's authority and work against the plaintiff.

The Fund will also be responsible for costs that may be awarded against the Plaintiff in this case.

The Defendant driver did not defend the action, however ICBC did, originally denying liability and alleging contributory negligence against the Plaintiff.

Less than a month later, one of the Defendants commenced an action in British Columbia against the Plaintiff based on the same agreement.

One of our lawyers has, as leading counsel, obtained summary judgment for an insurer against a plaintiff alleging automobile injury.

[242] This is a peculiar case in that an adverse inference is sought against the plaintiff for failing to file a report from Dr. Cox, although Dr. Cox did in fact give evidence at the trial at the instance of defence counsel.

Chalfin v Jerkins Michigan Court of Appeals Docket No 274168 (March 25, 2008)(affirming decision by trial court to award sanctions against plaintiff's counsel and in favor of client under MCR 2.114 and MCL 600.2591)

Obtaining a defense verdict for a tractor - trailer operator against a plaintiff alleging that the driver made an unsafe lane change resulting in a major traffic accident involving several vehicles.

Mandel v. Fakhim (2016)-- In this 3 - week jury trial, Frank successfully defended against the plaintiff's claim for $ 1 million arising from alleged injuries sustained by the plaintiff in a motor vehicle accident.

We proved that the batteries were not defective and obtained a judgment against plaintiff on all claims and in favor of amounts owed to our client.

111 (1) In an action for payment of a debt, the defendant may, by way of defence, claim the right to set off against the plaintiff's claim a debt owed by the plaintiff to the defendant.

Later, the condominium registered a lien against the plaintiff's unit.

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.

In ruling against the plaintiff, the court cited the state's «recreational use statute.»

The Court concluded «that they were concocted... after the fact» and that punitive damages were therefore warranted because DMR «persisted in advancing serious personal allegations of impropriety against the plaintiff without being able to maintain them and without having conducted a reasonably fair and unbiased investigation.»

Interesting reasons were released yesterday by the BC Supreme Court, Vancouver Registry, dealing with a unique issue; can a Defendant force a case into Rule 68 against the Plaintiff's wishes?

«President Bush, via his agents, contacted high level executives of The Boeing Company and initiated a criminal plot to retaliate against plaintiff, with intent to kidnap and kill him,» he alleges.

In a recent case, the state's Supreme Court ruled against a plaintiff in a Texas workplace injury case.

It's a surprising choice, given the overwhelming case law against this plaintiff.

In the first case, the Court of Appeal set aside a motions judge's decision that a claim against the plaintiff's ex-solicitor was statute - barred (2016 ONCA 223, allowing appeal from 2015 ONSC 1162).

Unlike compensatory damages, punitive damages are imposed against a plaintiff to punish them for particularly egregious conduct and to discourage others from engaging in similar conduct.

This suit makes its way to the State Supreme Court after the Indiana Court of Appeals ruled (2 - 1) against the plaintiff citing his failure to prove that either Wabash or Phi Psi violated Indiana's codified hazing law (IC § 34 -30-2-150).

We believed her claim was worth more than said amount, so we pursued an underinsured motorist claim against the plaintiff's own insurance carrier.

When a defendant is sued, the defendant is required by law to bring any claims that the defendant has against the plaintiff as a mandatory counterclaim if they are related to the case and is permitted to bring any claims the defendant has against the plaintiff for any reason as a permissive counterclaim.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

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.

The burden of proof is always on the plaintiff (except for counterclaims brought by the defendant against the plaintiff).

The John Buck Company, et al. imposing more than $ 75,000 in sanctions against plaintiff Greg Merdinger for bringing a frivolous lawsuit against defendant David Anderson.

Successfully obtained a Motion Summary Judgment for a steel manufacturing company against a plaintiff who was allegedly injured at its premises.

2 Dec. 12, 2016)(unpublished), a defendant corporation successfully obtained summary judgment against plaintiff and then moved to recover $ 133,644.50 in attorney's fees and costs from losing plaintiff.

That affidavit provided the basis for a defense against the plaintiff's claim.

In addition, the defendant may raise any defenses he or she may have to the allegations as well as any injury claims the defendant may have against the plaintiff.