Sentences with phrase «against the defendant law»

Perell J. dismissed the proposed Lipson class action claim against the defendant law firm as statute - barred.

The action against the defendant law firm was commenced in 2009.

The plaintiff's action against the defendant law firm was allowed to proceed.

The Court held that their cause of action against the defendant law firm, for allegedly providing negligent tax advice, arose when Canada Revenue disallowed their charitable tax credits, not when their litigation with Canada Revenue was settled.

Not exact matches

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

In describing prosecutors» case against their defendants — including Buffalo businessman Louis Ciminelli and former SUNY Polytechnic Institute President Alain Kaloyeros — the team of lawyers wrote of the government's «untenable» legal theory, «meager allegations,» and «ill - conceived and improper interpretation of the law.»

The Law Society said: «It is a fundamental aspect of the right to a fair trial that the defendant in a criminal trial is able to challenge the evidence adduced against them.

The Attorney General reminds that charges against the defendants are accusations and the defendants are presumed innocent unless and until proven guilty in a court of law.

«The defendant's motion relies on distortions and omissions, disregards the law and is a transparent attempt to distract this Court and the public from the serious charges brought against the defendant.

The Federal Government also levelled similar allegations as well as acceptance of payments unauthorised by law from counts 10 to 14 against the defendants with respect to a cumulative sum of N1, 970,662,130.00.

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.

59 The answer to the first question and the first part of the third question is therefore that European Union law must be interpreted as meaning that it does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant.

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.

After decades of criticism from defense attorneys and others, Gov. Andrew Cuomo said Wednesday he would push to change New York's «blindfold law,» which allows prosecutors to withhold evidence against a criminal defendant until just before trial.

-- that regulation does not preclude the application of a provision of national procedural law of a Member State which, with a view to avoiding situations of denial of justice, enables proceedings to be brought against, and in the absence of, a person whose domicile is unknown, if the court seised of the matter is satisfied, before giving a ruling in those proceedings, that all investigations required by the principles of diligence and good faith have been undertaken with a view to tracing the defendant.

In that case the exclusive English High Court jurisdiction and English governing law clauses were contained in a share sale agreement which was the subject of High Court proceedings against the German defendant.

Summary: The plaintiffs hired the defendant lawyer and his law firm to represent them in their lawsuit against HouseMaster Inspection Service for a deficient house inspection.

While Oregon's judicial review ensures that punitive damages are not awarded against defendants entirely innocent of conduct warranting exemplary damages, Oregon, unlike the common law, provides no assurance that those whose conduct is sanctionable by punitive damages are not subjected to punitive damages of arbitrary amounts.

Nevertheless, the arguments are frequently crunched through, probably because of an important Illinois Supreme Court ruling from 1990 which is still good law, Rollins v. Ellwood, involving claims brought against a Baltimore police officer, among others, sounding in intentional tort for his role in the apprehension of a misidentified criminal defendant and Illinois resident in Illinois, for which the Court found the officer was not subject to Illinois jurisdiction.

Defenses against a refusal charge are that the police arrested without probable cause to believe the defendant was in violation of the DWI law, that the defendant did not refuse (police will sometimes list inability to blow into the machine sufficiently as a refusal, when they should instead then offer a blood test), and that the refusal was reasonable (for instance, the defendant can argue whether the test runs counter to his or her religion, or whether the police followed up the implied consent statutory language with confusing commentary on it).

The case involved issues as to the interpretation of DIFC regulatory law and claims against the defendant bank in both contract and tort.

A defendant is entitled to expect that a claim of liability brought against it will be decided by the same rules of evidence and substantive law whether the plaintiff is represented by counsel or self - represented.»

It is quite unprecedented in the arena of family law matters concerning children for Japanese courts to issue orders that can be enforced against an unwilling defendant.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

Tim Lawson - Cruttenden examines the evolution of claims against unnamed defendants in non-land law cases

But when it comes to the Guantanamo defendants now filing for habeas corpus in United States courts, the tables are turned, with Department of Justice lawyers struggling against an army of elite law firms and law professors who represent the detainees, according to the Wall Street Journal's editorial page:

Inc. 2014 NLTD (G) 114 Actions — Contracts — Courts — Criminal Law — Practice — Restitution — Torts — Trade Regulation Summary: The two individual plaintiffs sought to bring a class action against Atlantic Lottery Corp. (defendant), on behalf of a class of persons harmed by video lottery terminals (VLTs).

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.

«Judicial hellholes» generally are defined as «places where judges systematically apply laws and court procedures in an unfair and unbalanced manner, generally against defendants in civil lawsuits.»

Foley Hoag partner Michael Keating led a team that won a defendants» verdict from a Boston jury, which found that law firm Ropes & Gray LLP did not retaliate against former associate John Ray III for claiming he was a victim of racial discrimination.

The defendant law firm's third party claim against a number of accountants and another law firm was also dismissed.

The Texas wrongful death law is complicated, and individuals who choose to represent themselves are at a distinct disadvantage against defendants who have retained legal representation.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

«The term jury nullification refers to that rare situation where a jury knowingly chooses not to apply the law and acquits a defendant regardless of the strength of the evidence against him.

With the nearly limitless resources the state has at its disposal in prosecuting a defendant, it is imperative that you have an experienced, aggressive and trusted trial attorney like those at The Law Office of John J. Leunig in your corner to protect your rights and your future, and to defend against the state's accusations.

However, where evidence discloses a strong prima facie case that Defendants perpetrated a premeditated, substantial fraudulent scheme against innocent victims, the law's reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy against such serious misconduct.

Special costs to successful applicants in most cases Defendants who succeed in having the claims against them stuck under this law should be entitled to costs on a full indemnity basis, subject to a judge's discretion in exceptional cases where such are not warranted.

«Judicial Hellholes are places where judges systematically apply laws and court procedures in an unfair and unbalanced manner, generally against defendants, in civil lawsuits.»

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

This is not the first domain - related allegation against Kenzie, the defendant in the Gioconda Law Group case.

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.

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.

Carriage of goods by air — Carrier claiming air freight from defendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriagdefendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriagDefendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriage by air.

In fact, they can not be, since the claims in the Crown action are against different defendants and involve public, not private, law claims.»

the defendant owed a duty, or obligation, recognized by the law, requiring the defendant to conform to a certain standard of conduct, for the protection of others against unreasonable risks;

My point is that there's an argument, which wasn't addressed, which I think requires the conclusion that, as a matter of law, D was deemed to have discovered his claim against the proposed defendants before January 1, 2004.

120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff's personal representative of any claim that the plaintiff or the plaintiff's personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act may have against the defendant.

Seven of these appeals arose out of multiple actions commenced by Mr. Van Sluytman against various defendants regarding alleged interactions with government agencies, law enforcement officials and health care professionals in various parts of Ontario.

In an injured seaman's suit against the owner of a commercial fishing vessel, a Gloucester County Circuit Court excludes plaintiff's expert because defendant had no duty under maritime law to perform a «job hazard analysis» on vessel - to - vessel ingress and egress,...