Sentences with phrase «allowed defendants»

«In short, the scheme allowed defendants and participating real estate agents and brokers to camouflage illegal kickbacks and referral fees as sub-license payments.»

We're glad to see the court allowed the defendants to file their Alice motion (even though we don't think permission is needed in the first place), but we're disappointed the court chose to impose unnecessary costs that no party wanted.

Though voters last year sent new, reform - minded majorities to both bodies of the state legislature, Gov. Mark Dayton, a loyal servant of the plaintiffs» bar, vetoed bills that would have limited property owners» liability for trespassers» injuries, lowered the prejudgment interest rate and allowed defendants in auto - accident cases to adduce evidence as to whether plaintiffs were wearing their seatbelts.

MINNESOTA GOVERNOR»S «VETO TRIPLE - PLAY» Though voters last year sent new, reform - minded majorities to both bodies of the state legislature, Gov. Mark Dayton, a loyal servant of the plaintiffs» bar, vetoed bills that would have limited property owners» liability for trespassers» injuries, lowered the prejudgment interest rate and allowed defendants in auto - accident cases to adduce evidence as to whether plaintiffs were wearing their seatbelts.

B.C. Supreme Court Justice Geoffrey Gaul allowed the defendants» application and denied the amendments.

The ruling allowed the defendants to move ahead with what is believed to be the most thorough analysis of the stings anywhere in the country...

The British Columbia legislation allowed defendants to bring an application, not less than 120 days before the trial date, to dismiss the lawsuit and recover their costs on a full indemnity basis.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

In a pre-trial hearing, Keighley allowed the defendants to make a number of amendments to their response to the civil claim.

The Superior Court allowed defendants» motion for summary judgment concluding that they owed no duty of care to Robert, an intoxicated party guest who injured himself, and that a claim for negligent misrepresentation is one that arises only in a business context, not a social setting.

In June, Soares announced a three - part plan that included a component to allow defendants between 16 and 24 to resolve cases without a criminal record or any time behind bars.

Birmingham Metropolitan College has lifted the ban on students wearing the niqab and Blackfriars Crown Court has similarly allowed a defendant to give evidence whilst fully veiled.

The proposals include the elimination of pretrial detention for low - level offenses; setting a speedy trial requirement to keep people from being held in jail for months awaiting trial; and changing discovery rules to allow defendants access to all evidence before making a plea.

This led to a short adjournment to enable security operatives allow the defendants» relatives into the courtroom.

Prosecutors also said Silver's arrest was handled «with great sensitivity — from the choice to allow the defendant to surrender, to the decision to drive the defendant to the courthouse as opposed to having federal agents walk the defendant across the plaza, to the use of an unmarked car to handle the transport.»

Allowing defendants to use funds restrained under the Proceeds of Crime Act 2002 to fund their private defence in our view would also limit the strain on legal aid budgets.

The supervised release program allows defendants deemed low - risk to stay out of jail while awaiting trial.

The defence counsel, Mr Olajide Ayodele (SAN), counsel for Yuguda, Dr Kayode Olatoke (SAN) for Bafarawa and others prayed the court to allow the defendants to enjoy their existing bail.

Earlier, Counsel to Lamido, Mr Offiong Offiong (SAN), had prayed the court to allow the defendants to continue on the previous bail conditions granted them by Justices Gabriel Kolawale and Adeniyi Ademola.

To allow Defendants more time would violate the mandated listing deadlines under the ESA and congressional intent that time is of the essence in listing threatened species.»

After a series of lower court decisions resulted in conflicting conclusions, the Appeals Court vacated a Superior Court judgment allowing the defendant's motion for summary judgment, concluding that the plaintiff was entitled to the benefit of the three - year limitation period of G.L. c. 84, § 15.

This clueless judge refused to allow the defendant to fire his attorney, asking at one point where he'd heard he had the right to represent himself.

The Superior Court allowed defendant's motion to dismiss on the claims of negligent infliction of emotional distress and fraud, and later allowed defendant's motion for summary judgment on the claims of intentional infliction of emotional distress and battery.

By accepting the certificate of analysis into evidence without first allowing defense voir dire / cross examination questioning of the machine operator accepts that attestation clause as reliable without allowing the defendant not only to challenge not only whether the witness is reliable, credible and with sufficient recall, but also to challenge whether the witness properly and according to DFS procedure operated this claimed sophisticated piece of machinery that thusly requires a commensurate level of sophistication in understanding the machinery and using it.

The Colorado comparative fault system allows the defendant to avoid liability entirely if you were at least 50 percent at fault in the accident.

The personal injury and disease pre-action protocols of the CPR require this letter to be sent, which allow the Defendant 3 months to make enquiries.

It was thought that it was contrary to this spirit of «full faith and credit» (in Morguard's words, sort of) and administrative simplicity to allow defendants to wait in the bushes while the original court held a trial — even in default of appearance — and then attack jurisdiction only when the judgment came to be enforced in a place where the defendant had assets.

(4) In a case in which the defendant is not entitled to a jury instruction regarding self - defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self - defense.

The Court of Appeal allowed the defendant's appeal.

The Superior Court allowed the defendant insurer's motion for summary judgment on the ground that plaintiff was covered only by her husband's policy in this case.

2003)(«In the future, defense lawyers should insist that their clients enter into written joint defense agreements that contain a clear statement of the waiver rule enunciated in this case, thereby allowing each defendant the opportunity to fully understand his rights prior to entering into the agreement.»).

Additionally, it could allow the defendant to appeal each issue one at a time and declare that a stay must be issued for each appeal.

Modified comparative negligence can allow a defendant or insurer to pay you a smaller amount of what you would normally receive if — and

[32]... As I will discuss further below, to allow the defendants to each escape liability by pointing the finger at one another would have been at odds with the fairness, deterrence, and corrective justice objectives of the law of negligence.

Further, Kentucky allows a defendant to face punitive damages when the circumstances warrant punishment.

Since Art 23 was a provision that allowed a defendant to be sued in a member state other than that of his domicile, the defendants placed particular reliance on the second of those principles of interpretation.

Bernstein should have held individual hearings to allow defendants to determine whether the failure to pay was willful, according to the superior court.

As stated in Briggs and Rees Civil Jurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept to a minimum.

Does the court relent and allow the defendant to press his own defence, with court - appointed «second - chair» counsel?

Commercial Court banking litigation in which Ravi applied and obtained a relatively rare order allowing the defendant greater than the normal 14 days within which to pay the judgment debt which was not in itself disputed.

Michigan court rules allow a defendant in any personal injury case, including an auto accident lawsuit, to have an independent medical expert examine the injured party and issue an opinion regarding the injuries.

Comparative Negligence allows the defendant to argue that the accident victim shares in the responsibility for causing the crash.

Regarding the presence of the active metabolite, the court explained that the only test given did not indicate that there was any active metabolite present in the plaintiff's blood, and it would be improper to allow the defendant's expert to testify that, as a matter of fact, there would have been active metabolites in the plaintiff's blood.

On the other hand, starting from the general provision of Article 175 of Italian Code of Criminal Procedure (which sets out the requirements to reinstate the legal due date for procedural acts), the ICC could have added a new procedural norm in the Italian legal order, allowing the defendant to be given back the time limit provided for by national law to choose between the ordinary and a simplified proceeding.

For this reason, Parker has been lobbying the court system to change the rule and allow these defendants to file their answers by email.

Relevant conduct allows defendants to be sentenced for what they actually did and not based on some watered down charge that resulted because of a plea bargain.

Innocence Project of Florida Files Amicus Brief with Supreme Court of Florida IPF Urges Court to Allow Defendants to File for New Trial Based on FBI Junk Science Today the Innocence Project of Florida (IPF), along with The Innocence Network, -LSB-...]

eBenchCard» - Defendant's hope for justice - is an electronic app (both Web and mobile) which will allow defendants to present their inability to pay legal financial obligations (LFO) to a judicial officer and get alternative options to their LFO.

In a case released last week the Court reached a seemingly opposite result with a finding that an independent medical exam can be compelled to allow a Defendant to obtain a responding report in a personal injury claim.

Such an approach would allow for an accurate assessment of the Plaintiff's damages and would allow the Defendant to test the reasonableness of the Plaintiff's mitigation efforts, if necessary.