Sentences with phrase «as a summary trial»

As summary trials become more common, creative counsel will undoubtedly continue to expand the range of issues resolved in a summary manner, including at some point contested substantive patent issues.

Not exact matches

The random - effects summary would be treated as the average of the range of possible treatment effects and we would discuss the clinical implications of treatment effects differing between trials.

As there was clinical heterogeneity sufficient to expect that the underlying treatment effects differed between trials, or where substantial statistical heterogeneity was detected, we used random - effects meta - analysis to produce an overall summary, if an average treatment effect across trials was considered clinically meaningful.

The random - effects summary was treated as the average of the range of possible treatment effects and we discuss the clinical implications of treatment effects differing between trials.

The random - effects summary was treated as the average of the range of possible treatment effects and we discussed the clinical implications of treatment effects differing between trials.

The summary trial, conviction and sentencing were anything but a fair hearing / trial and last but not the least, the taking away of their liberty was not in accordance with procedure permitted by law as required under Article 14 (1).

Writing in a linked Comment, Dr Daniel J Clauw, Chronic Pain and Fatigue Research Centre, the University of Michigan, USA, says: «The finding that graded exercise therapy is effective even when exercise is not being witnessed and directly guided by a physiotherapist is a substantial advance, since many patients with chronic fatigue syndrome and other functional impairment have difficulty getting to physiotherapy or do not have access to appropriately trained physiotherapists... In summary, findings from this pragmatic randomised controlled trial add to the evidence that straightforward, non-pharmacological therapies can be helpful in the management of symptoms such as fatigue in individuals with chronic fatigue syndrome.

As a result of a 2007 law, within 1 year of the completion of a trial, drug companies must also submit summary results that include information such as the number of participants, their age and gender, outcomes, and adverse eventAs a result of a 2007 law, within 1 year of the completion of a trial, drug companies must also submit summary results that include information such as the number of participants, their age and gender, outcomes, and adverse eventas the number of participants, their age and gender, outcomes, and adverse events.

In summary, perhaps through glucose «starvation» of tumour cells and by reducing the effect of direct insulin - related actions on cell growth, ketogenic diets show promise as an aid in at least some kind of cancer therapy and is deserving of further and deeper investigation — certainly the evidence justifies setting up clinical trials.

One must approach this film as both a factual summary of the trials and efforts of a genius confined to the prison of his voiceless and motionless body and, also, as an entertainment vehicle.

In addition to the time - related analytics it already had — such as time to dismissal, trial and termination — this new release adds time to permanent injunction and summary judgment.

She offers workers» compensation mediation, arbitration, neutral fact - finding, neutral evaluation and summary jury trials as tools to help parties in Pennsylvania resolve their differences and move on with their lives.

She offers family law mediation, arbitration, neutral fact - finding, neutral evaluation and summary jury trials as tools to help parties resolve their differences and move on with their lives.

She offers personal injury mediation, arbitration, neutral fact - finding, neutral evaluation and summary jury trials as tools to help parties in Pennsylvania resolve their differences and move on with their lives.

Any repayment, under the funding agreement is contingent upon the direction and time frame of the Plaintiffs» personal injury litigation, which may be resolved through a myriad of possible outcomes, such as settlement, dismissal, summary judgment, or trial.»

The appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.

An affidavit can be submitted in any interim application or summary trial application by any person (including a grandparent) as long as it has been properly drafted and sworn and filed.

[61] As for fraud, Ms. Li abandoned fraud in the course of the summary trial application.

When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial.

There's no need for anybody to be concerned that Ontario courts will ever be unclogged so long as each attempt by the Rules Committee to produce a mechanism for summary disposition of actions is frustrated by those judges who find issues warranting trials lurking under every rock.

In developing the new Rules, Ontario's Civil Rules Committee did not adopt the Osborne Report recommendation to make available a «mini-trial» as an alternative to dismissing the motion, or a rule for a summary trial.

Alleged infringers increase their trial success rates slightly as plaintiffs, but have not seen the same increased success in summary judgments.

Some offences that had been classified as hybrid were reclassified as strictly summary, which meant Provincial Court trials for all of them.

Bondy, J. held that this case was one that fell within the third category of case suitable for summary judgment, as set out in Combined Air Mechanical Services, and that there were no «genuine issues requiring a trial.»

In light of this brief summary, and paraphrasing Justice Fish's point from Krieger, one could perhaps say that jurors have the responsibility as a matter of right to assess evidence and apply the law as set out by the trial judge, but also enjoy the power to refuse to apply the law «when their consciences permit of no other course».

The full appreciation test functioned as a judicially created benchmark for determining when the interest of justice required a trial, as opposed to summary disposition.

As you might expect, the BBC has a good summary online and videos of some aspects of the trial's opening.

The trial court ultimately granted summary judgment in Defendants» favor as to all claims resulting in a complete defense for the clients.

As the foregoing shows, LawPRO does not hesitate to seek summary judgment, go to trial, and even pursue appeals in cases in which a vigorous defence is warranted.

Our attorneys have an impressive track record of obtaining summary disposition of cases prior to trial and are also skilled at resolving disputes using alternative means such as arbitration and mediation.

The summaries of the verdicts and settlements reported are prepared by utilizing court information as well as personal interviews of the trial attorneys involved and are conducted by our staff of experienced attorneys and paralegals.

Typically, each article includes a complete summary of the facts of the case, witness testimony, expert testimony and case reference information including the names of the experts who testified as well as the Judge and trial attorneys involved.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

I suppose if the «appeal» went only to whether there would be summary judgment rather than a trial based on the law as found by the court, then the whole SCC said «no summary judgment».

In his decision to grant summary judgment in favour of the Claimants, in the above named conjoined matters, Mr Justice Eder leaves no room for doubt that judges in England take pre trial conduct very seriously indeed and will regard a «snub» by foreign parties, even public authorities, as a direct offence to the authority of the English court.

The plaintiff argued that the trial court erred in granting summary judgment because there was a genuine issue of material fact as to whether the defendant driver was negligent in parking the truck on the street in front of his home, considering the prior accident.

For those not familiar with «summary trials» they are commonly referred to as «paper - trials» because no witnesses testify in court, rather the lawyers present their cases through sworn affidavit evidence.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

The overall weight of each of the factors just noted (as well as any other relevant factors) will be determined when the case proceeds to the merits and all of the evidence is presented and assessed at trial or on a motion for summary judgment.

He added: «The plaintiff who treats a defence motion for summary judgment as a speed bump on the long highway to trial risks crashing its case in the deep ditch of dismissal.»

In another recent Ontario decision, Superior Court Justice David Corbett urged parties to treat a motion for summary judgment seriously, and warned against handling it as if it were «a speed bump on the long highway to trial.»

Having maintained an appellate as well as trial practice throughout his career, Mr. Clark has secured release for many appellants through the years, combining the general practices of preparing Sureties and crafting Release Plans with the somewhat more specialized understanding of appellate law and procedures applicable at both the Superior Court of Justice (Summary Conviction appeals) and the Court of Appeal for Ontario (Indictable appeals).

The Indiana Court of Appeals recently reversed a trial court summary judgment favoring the defendant in a claim that originated as a premises liability lawsuit stemming from a trip - and - fall that seriously injured an 85 - year - old woman.

The Court of Appeal affirmed the trial judge's decision that wrongful summary variation of privileges should be assessed as an exercise of administrative bad faith, not breach of contract.

The (mammoth) trial judgment is here, standing at 2615 pages that not even Karadzic's lawyers will read as a whole; the more accessible summary is here.

The judge hearing the summary judgment motion held that there was no genuine issue requiring a trial for the following reasons: (i) there was no evidence that anyone died on the property, either by natural causes or some criminal act; (ii) the vendor was not required to disclose that someone had died on the property or that the property may be haunted; (iii) there was no evidence as to how the purchaser could prove... Read More

Accordingly, the judge granted the motion for summary judgment on the issue of punitive damages and left the plaintiff's negligence claim as the sole remaining issue for trial.

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

[42] The Supreme Court directed in Hryniak that: «Where a motion judge dismisses a motion for summary judgment, in the absence of compelling reasons to the contrary, she should also seize herself of the matter as the trial judge.»

The judge reminded us that parties should not construe this rule as an invitation to treat summary trials as anything other than a full trial but rather should come prepared to deal with the case on the merits.