Sentences with phrase «against plaintiffs who»

Section 54.1 allows courts to impose sanctions against plaintiffs who have launched unfounded or abusive lawsuits at any stage of the litigation.

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

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.

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

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.

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.

Several months later, he was the first plaintiff listed out of 73 former NFL players who filed a federal lawsuit against the league.

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.

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.

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.»

Brockovich's work on behalf of plaintiffs who brought suit against Pacific Gas & Electric in the 1990s was dramatized in a 2000 film starring Julia Roberts.

An Albany County state supreme court justice has ruled against plaintiffs from eight «small city school districts» who contended that the state has failed to adequately fund them in light of the Campaign for Fiscal Equity lawsuit that almost a decade ago found that New York City schools had been systemically shortchanged when it came to state aid.

The plaintiffs, who include the Green Party, are seeking injunctive relief against the March 1 petition deadline for new parties.

The fiery California atheist who last week lost his bid at the U.S. Supreme Court to get «under God» stricken from the Pledge of Allegiance vows to continue the fight with new plaintiffs, preferably in cases against school districts all over the country.

The nine plaintiffs, including Beatriz Vergara, who brought suit against the state.

Welch was the California anti-teacher businessman who bankrolled the plaintiffs against teachers getting due process in Vergara v. California.

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.

Though the independent booksellers» complaint is likely to be popular among many who follow the book industry, the three plaintiffs face a huge battle against such major players.

The filing party is called a plaintiff and the one it's filed against is called a defendant, who is the person who is sued.

According to plaintiffs, there is further evidence of a flawed fiduciary process, «namely, approval of a TIAA loan program for University employees who elected to borrow against their retirement plan savings.»

«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.

Hansen helped connect Olson with another child plaintiff previously, when Olson was looking to find children who would act as plaintiffs in a lawsuit against government agencies.

In what may be an unprecedented move, 23 Texans who host wind turbines on their property have filed suit against two different wind farm developers, claiming that companies «carelessly and negligently failed to adequately disclose the true nature and effects that the wind turbines would have on the community, including the plaintiffs» homes.»

AU further anticipates that plaintiffs who have experienced an unwanted pregnancy may bring claims against Qualitest for «wrongful pregnancy,» although such plaintiffs may face issues of comparative negligence for failing to notice that the placebo pills are a different color than the hormone - producing pills.

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.

She would not be able to recover against a doctor who had not been negligent with respect to the information that he or she did have; yet she also would not be able to recover against a manufacturer who, despite having failed in its duty to warn, could escape liability on the basis that, had the doctor been appropriately warned, he or she still would not have passed the information on to the plaintiff.

On Oct. 5, 2015, Superior Court Judge Raymond M. Cadei in Sacramento, Calif., entered the stipulated judgment against Bluford in favor of the married plaintiffs who turned to Bluford and another company of his, California Legal Pros, for help evicting a tenant from a home they owned in Discovery Bay, Calif., only to be defrauded out of more than half a million dollars.

The plaintiffs finally became suspicious when they researched the judge who had supposedly issued several of the orders against them.

Although the plaintiffs in this particular lawsuit were the railroad companies, the article notes that several of the families of the passengers and conductor who were killed in the crash have filed civil suits against the trucking company, the driver's estate, and his insurance company.

For better or for worse, our system is set up as an adversarial one where persons claiming damages for harm suffered (called «plaintiffs») assert these claims against the persons who caused the harm (called «defendants»).

Initially, the plaintiff filed a claim against the driver who struck her friend's car.

Mr. McShane successfully defended International Paper Company against over $ 200 million in claims asserted by a plaintiff who claimed International Paper had breached an obligation to provide financial and technical support to a joint venture for the development and marketing of children's clothing products.

«The Jimenez family has been irreparably changed as a result of something that could have been and should have been prevented,» added Eidson, who is also Co-Lead Counsel for the plaintiffs in the national class action against Ford and Firestone now pending in Indianapolis, Indiana.

Settling (while class certification and summary judgment motions were pending) a statewide putative class action filed in San Mateo Superior Court for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, noncompliant meal and rest periods, untimely payment of final wages, noncompliant itemized wage statements, unpaid / forfeited vacation, and violation of PAGA) against a pharmaceutical supply company's call center;

Sarosh Zaiwalla, senior partner at Zaiwalla & Co, who is acting for the bank, says it will be the first time an Iranian plaintiff against sanctions in Europe has reached the stage of claiming damages, and that Western governments are starting to ease sanctions against Iran following an interim deal reached in Geneva in November.

In the libel field, he is perhaps best known as the plaintiff who in 1990 won the then - largest libel verdict ever, $ 34 million, against The Philadelphia Inquirer, over a story that criticized his work as an assistant district attorney.

But lawyers who look at a venire and see people with no potential demographic predispositions for or against a defendant (or plaintiff) are almost certainly a rarity.

As a result of the breaches of privacy, the Plaintiffs commenced a class action against the employees of the Hospital (who allegedly accessed the records), as well as against the Hospital itself for failing to supervise those employees.

Notable mandates: Represent the plaintiffs in a proposed class action against provincial law enforcement agencies regarding allegedly negligent use of breathalyzer machines; acts for hundreds of pre-sale contract holders with various condominium developments who are disputing their requirement to close under consumer protection laws; defended a law firm in a four - week hearing over enforcement of a significant contingency fee agreement; acted for a number of clients in online defamation cases

Wilhoit ruled (PDF) against Sevier and a second plaintiff who claimed a constitutional right to marry her parrot.

After suffering an injury in 2008 on premises controlled by the Border Services Agency, a plaintiff brought an action against Border Services and an additional defendant who had control over conditions at the accident location.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pAgainst Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

Unfortunately, such actions can amount to «spoilation» of the evidence and large monetary sanctions can be assessed against both the plaintiff who shuts down the social media accounts and any lawyer who advises them to do so.

The plaintiffs were ordered to pay the attorney's fees for the defendant's appellate attorney, who had been hired to defend against the punitive damages claim.

Often victims of crime would seek a trial lawyer (i.e. someone who does plaintiff's tort claims) or general practice lawyer, who is familiar with the Internet to bring a tort claim against the perpetrator, to seek a TRO, or to assist of making a persuasive case to criminal prosecutors to press the case (a difficult thing to do).

In Breeden, the plaintiff commenced defamation actions in Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered in the United States.

Basically, this is to protect people who are exercising legal free speech and fair use rights from suffering legal burdens of fighting a case where the plaintiff alleges copyright or defamation charges against defendant when that is of extremely questionable grounds.

«Overall, it's good news for everyone because hopefully this will drive the pricing down,» says Luciana Brasil, a partner at Vancouver's Branch MacMaster LLP who along with Ward Branch is representing the plaintiffs in a class action against Apple, the four publishers that signed the agreement with the bureau, Penguin Group Inc., and Pearson Canada Inc..

The plaintiffs, who were active duty Army officers, sustained significant injuries, and brought suit against our client and a major component manufacturer.

In a split decision, the Kentucky Supreme Court has allowed a medical malpractice lawsuit to proceed against the defendant, a surgeon, who was alleged to have chosen not to inform a patient, the plaintiff, of a risk associated with a device implantation procedure.