Sentences with phrase «appropriate defendants in these cases»

Anxiety levels have been raised by the French government with the recommendation that these implants are removed and key discussions are taking place as to the appropriate defendants in these cases (eg manufacturer, clinics, clinicians, hospital).

Not exact matches

Bharara wants Silver, 72, to forfeit the $ 5.2 million he pocketed in the scheme and cough up «a substantial fine of at least $ 1 million is appropriate in this case, particularly in light of the defendant's significant remaining resources and his more than $ 70,000 - per - year pension, paid for by New York State taxpayers.»

By Section 270 of the Administration of Criminal Justice Act, a plea bargain agreement is allowed as in this case, wherein the first defendant has provided relevant information to aid the prosecution of this case... it appears to me that by the above provisions of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment stipulated for the offence charged.

Caproni called the venue change request «insufficient,» siding with prosecutors from the U.S. Attorney's office in Manhattan that keeping the case in New York City is appropriate because some of the alleged crimes included emails and calls between the Buffalo defendants and individuals in New York City.

In cases in which loss or damage due to price - fixing can not be proven, the appropriate recourse may be for the Commissioner of Competition to charge the defendants under the Competition Act.&raquIn cases in which loss or damage due to price - fixing can not be proven, the appropriate recourse may be for the Commissioner of Competition to charge the defendants under the Competition Act.&raquin which loss or damage due to price - fixing can not be proven, the appropriate recourse may be for the Commissioner of Competition to charge the defendants under the Competition Act.»

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injurIn Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injurin a way that exposed the plaintiff to an unreasonable risk of injury.

If the facts of the case simply do not support the legal charges against the defendant, an experienced lawyer can bring this to the prosecutor's attention in an effective way, and make the appropriate application for dismissal of the charges.

In R v Milton Brown [1998] EWCA Crim 1486 Lord Bingham said that in an appropriate case it was open to the judge to ask an unrepresented criminal defendant whether there were matters he wished to have put to a witnesIn R v Milton Brown [1998] EWCA Crim 1486 Lord Bingham said that in an appropriate case it was open to the judge to ask an unrepresented criminal defendant whether there were matters he wished to have put to a witnesin an appropriate case it was open to the judge to ask an unrepresented criminal defendant whether there were matters he wished to have put to a witness.

The Project provides general resources to assist defendants in SLAPP suits and, in appropriate cases, link defendants with pro bono lawyers for case - specific assistance.

After New Mex and the directors pleaded guilty to their respective charges, a sentencing hearing was held in which the Crown and defendants made separate arguments to support their view of the appropriate penalties in the case.

Birth injury cases can vary in length, depending upon whether the defendant (s) will agree to an appropriate settlement or whether we will need to take your case to trial.

In determining the appropriate damages to award, Justice Stinson drew from the purposes in awarding damages in sexual battery cases, as the defendant's conduct in the present case also offended and compromised the plaintiff's dignity and personal autonomIn determining the appropriate damages to award, Justice Stinson drew from the purposes in awarding damages in sexual battery cases, as the defendant's conduct in the present case also offended and compromised the plaintiff's dignity and personal autonomin awarding damages in sexual battery cases, as the defendant's conduct in the present case also offended and compromised the plaintiff's dignity and personal autonomin sexual battery cases, as the defendant's conduct in the present case also offended and compromised the plaintiff's dignity and personal autonomin the present case also offended and compromised the plaintiff's dignity and personal autonomy.

One fact that the court is required to consider in determining an appeal made to the forum bar is any belief held by the prosecutor, in this case the CPS, that the UK would not be the most appropriate jurisdiction in which to prosecute the defendant.

[12] In this case, had there been no enticement by the employer, had the employee simply, without inducement of any kind, answered a public advertisement and changed positions, in my view an appropriate notice period in such a case would be approximately two months, primarily because of the short duration of the Plaintiff's employment with the DefendanIn this case, had there been no enticement by the employer, had the employee simply, without inducement of any kind, answered a public advertisement and changed positions, in my view an appropriate notice period in such a case would be approximately two months, primarily because of the short duration of the Plaintiff's employment with the Defendanin my view an appropriate notice period in such a case would be approximately two months, primarily because of the short duration of the Plaintiff's employment with the Defendanin such a case would be approximately two months, primarily because of the short duration of the Plaintiff's employment with the Defendant.

In this case a hearing will take place before a District Judge, and the Defendant also has the opportunity to serve a defence (and if appropriate a counterclaim).

No - one had then expected all defendants to be able to make a «Pt 36 offer» without producing the settlement money up front: the government's consultation paper and previous case law had suggested this was appropriate only for defendants such as public sector defendants who were self - evidently «good for the money», although Lord Woolf's reports had considered such a change in 1997.

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioIn order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

The most significant factor in this case making the assessment of general damages suggested by the plaintiff more appropriate than that suggested by the defendant is the severity and chronicity of pain, which combines with Mr. Swieczko's increasing emotional struggle over the impairments to his family, marital and social relationships.

Since the passage of the Fair Defense Act, indigent defendants in many Texas counties are now getting better - qualified attorneys appointed to their cases in an appropriate amount of time.

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

Also, defendants have an opportunity to counter-sue, and in those cases where they are requesting relief of over $ 5,000 it is appropriate to remove the case from small claims court.

27 In Globocki the Court held that in each case «it is necessary to consider whether and to what extent the defendant departed from the standard appropriate to the factual circumstances facing the defendant.&raquIn Globocki the Court held that in each case «it is necessary to consider whether and to what extent the defendant departed from the standard appropriate to the factual circumstances facing the defendant.&raquin each case «it is necessary to consider whether and to what extent the defendant departed from the standard appropriate to the factual circumstances facing the defendant.»

Thus, the court held that liability was not appropriate in this case because the defendant owed no duty to the plaintiff.

A stay of proceedings is appropriate only in the clearest of cases where prejudice to a defendant's right to make full answer and defence can not be remedied or where irreparable prejudice would be caused to the integrity of the justice system.

The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.

Cases such as these are challenging, as the value and often complex medical issues mean that they can be contested heavily by the Defendant, both in terms of whether negligence occurred, but also in respect of the appropriate value of compensation needed by the client to deal with the consequences of such alleged negligence.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

(b) If defendant raises a question of jurisdiction or venue or in paternity cases the defense of the statute of limitations, the court shall promptly dispose of the question and may, in an appropriate case, stay the domestic relations office conference.

«In appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquIn appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.&raquin the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.»

[164] I conclude that whether the alleged wrongful conduct of the defendants in this case engages the doctrine of waiver of tort, whether the defendants are liable to account to any of the class members, and what restitution, if any, is payable by the defendants to the class members, are appropriate common issues.

Lord Rodger agrees with Bingham that «it is not open to this House in its judicial capacity to make such a far - reaching inroad into the common law rights of a defendant as would be involved in endorsing the procedure adopted in the present case» and that rather this task is for Parliament to address, as, «the proper body both to decide whether such a change is now required, and, if so, to devise an appropriate system which still ensures a fair trial».

To avoid what would otherwise be an unjust outcome the court could, in an appropriate case, depart from the market value approach when assessing the time value of money or, indeed, when assessing the value of any other benefit gained by a defendant.

In appropriate cases, affirmative defenses, such as contributory negligence, etc., may also be raised by a defendant.