Sentences with phrase «against potential defendants»

2 years â $ «The time by which an injured person must commence a lawsuit against all potential defendants.

«Hour long depositions of unserved potential defendants regarding whether they used the infringing devices, questions speaking directly to the merits of Plaintiff's claim, not only lack specificity but weigh against the potential defendants» expectation of privacy.

The statute of limitations will not be extended if a criminal case is pending against the potential defendants for your loved one's death, it will not be extended if you didn't know about the statute of limitations, and it will not be extended if you have been trying to negotiate a settlement with the insurance company.

One of my favorites in this area, which I still remember doing a double - take over when I saw it for the first time when I was practicing law, is the release form that releases all claims against a potential defendant «from the beginning of time» until the date of the agreement.

(ii) a declaration that, on the filing date, the potential defendant is not aware of any proceeding by the litigation guardian against the potential defendant in respect of the claim; and

Not exact matches

No, there is no obligation in the law to pursue all potential defendants in order to sustain a claim against any one, or few, of them.

There are some situations wherein the language could prohibit any and all future claims against other potential defendants — and that may not be a scenario you want, depending on the circumstances.

Jury instructions typically leave the jury with wide discretion in choosing amounts, and the presentation of evidence of a defendant's net worth creates the potential that juries will use their verdicts to express biases against big businesses, particularly those without strong local presences.

Her voluntary retirement worked to the benefit of the defendant in that any potential ongoing wage loss from these flare - ups would not be claimed against him.

Why is he not proceeding against a particular potential defendant?

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.

In consequence, FCPA demands for document production under U.S. law have the potential to run up against European data protection rules, in a way that may generate conflicting legal demands for corporate defendants.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

This will require the striking of a balance between the likelihood and potential gravity of harm, on the one hand, as against the sacrifice to the defendant of avoiding the foreseeable risk, on the other hand.

On the other hand, having a multitude of potential defendants is not a definitive argument against the imposition of liability on some or even all, suitably apportioned.

A selection of potential defendants is beneficial because it opens up the opportunity to select a venue with fewer biases against or other inconveniences for your client.

If the damages caused in the accident are above and beyond the limits of the blanket fleet policy, your personal injury lawyer may be able to pursue a claim against other potential defendants.

It would also remove some of the potential obstacles presented to defendants by the multiple publication rule, such as the possibility of having to mount a defence against an old claim,» it said.

Aside from whether the plaintiff can show grounds to believe that he / she / it has a good case and the defendant has no good defence, the court still has to weigh the potential or actual harm suffered by the plaintiff against the public interest in the expression.

«Moreover, any notion of judicial economy would be destroyed if each potential class member were required to proceed individually against the defendants and prove the same negligence and consumer protection claims,» she wrote.

The decision in Totalise plc v The Motley Fool Ltd [2001] EMLR 750 emphasised that the courts are not obliged to provide such relief and can consider wider matters such as the gravity of the defamatory allegations, whether the claimant has a strong prima facie case against the defendant, the size and extent of the potential readership and whether the claimant had any other available method of identifying the authors.

United States v. Newman, 549 F. 2d 240 (CA2 1977), the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.

the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely... on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.

Opt - out regimes are generally considered to be more plaintiff - friendly, in that they involve larger classes and thus larger potential claims against defendants.

The SRA goes too far by threatening disciplinary action against practitioners who propose non-disclosure agreements, perhaps on express instructions, which attempt to preclude a party from reporting a potential complaint or allegation, groundless or not, even when both complainant and defendant are keen to close the book on private and unsavoury details of the past and move on.