Sentences with phrase «against the plaintiff»

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.

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

He may wish to join the plaintiff in pressing a suit against a defendant or he may wish to join the defendant against the plaintiff.

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

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.

Perhaps they will have to file their own lawsuit against the plaintiffs.

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

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

Here, defendant developer won a summary judgment against plaintiff owner based primarily on a settlement agreement release clause.

Thus, the arbitration agreement was not enforceable against the plaintiff.

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

While the lawyer should not have acted against the plaintiffs, nothing he did affected the validity of the mortgages.

The first argument was a due process contention that individual plaintiff did not have any warning fees might be assessed against plaintiff.

The court ruled in favor of the brokers against the plaintiffs.

The district court held against the plaintiff and she appealed.

Third, properly separating your operating company from your asset holding company greatly increases your protections in real terms against a plaintiff's recovery.

We also filed a motion for summary judgment against plaintiffs, which was heard by the court on the «eve» of trial.

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

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.

The British Columbia Supreme Court recently ruled against the plaintiffs in an action for pay in lieu of reasonable notice due to the plaintiffs» failure to establish that they met their duty to mitigate.

A971301, September 3, 1998, Boyd J., the court awarded special costs against the plaintiff in a Wills Variation action.

Continue reading «Uniform Trade Secrets Act: Appellate Court Affirms Hefty Fee Awards Against Plaintiff Where Trade Secrets Claims Were Made In Bad Faith»»

Mar. 13, 2018)(published), a trial judge sanctioned plaintiffs who brought lender liability claims in a residential property dispute with terminating sanctions and also imposed over $ 25,000 in monetary sanctions (as against plaintiffs and their attorneys) under Code of Civil Procedure section 128.7.

Until very recently, the only state high court decisions (from VA and DE) on our ediscovery for defendants cheat sheet involved sanctions against plaintiffs for destroying social media evidence.

They sought among others, «An order declaring as nullity and of no effect the prima facie case that the 1st defendant would have made against the plaintiffs in exercise of her function pursuant to Article 146 (3) and (4) of the constitution as same is in a contravention of Article 296 (C) of the constitution».

Keep in mind that if you settle a legal claim, it is agreed that the plaintiff will not be able to pursue legal action against the plaintiff, an important matter to consider depending on the circumstances of the case.

The court also held that the employer did not retaliate against the plaintiff for exercising his rights under the ADA.

Obtained a dismissal of negligence and breach of contract claims against an electrician and an award of attorney fees against plaintiff in arbitration.

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

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.

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

The Supreme Court decided against the plaintiff Maetta Vance, an African - American kitchen worker.

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

The summons states, «Beginning on November 1, 2017, Defendants knowingly and / or recklessly published or caused to be published false, misleading statements against Plaintiff Michelle J. Schoeneman, a candidate for the Erie County Legislature for the 10th Legislative District.

Finally, the burden of persuasion that the defendant intentionally discriminated against the plaintiff remains with the plaintiff.

The driver brought an application to bring bring Third Party proceedings against the Plaintiff's parents arguing they were negligent in allowing the Plaintiff to ride the bus alone.

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.

After a four - day trial, Keri Simms and Jeremy Richter obtained defense verdicts against all plaintiffs in a multiparty action against their clients in the matter of Felicia Ferguson, et al. v. Johnny R. Lovett Trucking, Inc., et al..

Unless the Chinese party has assets located in Canada, obtaining a Canadian judgment against a plaintiff based in China is pointless.

The judge also commented upon the unsuccessful allegations of just cause made against the plaintiff which he had asserted led to his inability to find new employment.

For example, in Parents Against Testing Before Teaching v. Orleans Parish School Board (2001), the Fifth Circuit Court of Appeals summarily affirmed a decision against the plaintiff parents.

«If a judgment is filed against the plaintiff then it would appear in that consumer's report.»

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaintiff.

Ringling countersued, bringing racketeering allegations against the plaintiffs for paying its co-plaintiff.

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.

James raises what I think is the most powerful objection to loser pays: that it could bar the courthouse door against plaintiffs with strong claims but modest means.