REAL countersued and named, among others, NAR and NAHB
as additional defendants, and the case, Move Inc. et.
Followed shortly thereafter by the news that Argo had been named
as an additional defendant in a lawsuit filed by Cascade Fund LLC against ACMH.
Not exact matches
Other issues: COMPAS was twice
as likely to flag black
defendants as reoffenders, and it mislabeled
as low risk white
defendants who went on to commit
additional crimes more often.
The Attorney General may implead
as defendants such
additional parties
as are or become necessary to the grant of effective relief hereunder.
The icing on the cake is that she also failed to report this stolen amount
as income on her taxes; that will place the
defendant in
additional legal trouble with the government.
For purposes of this Final Judgment, it will not constitute a Price MFN under subsection 3 of this definition if a Settling
Defendant agrees, at the request of an E-book Retailer, to meet more favorable pricing, discounts, or allowances offered to the E-book Retailer by another E-book Publisher for the period during which the other E-book Publisher provides that
additional compensation, so long
as that agreement is not or does not result from a pre-existing agreement that requires the Settling
Defendant to meet all requests by the E-book Retailer for more favorable pricing within the terms of the agreement.
The
Defendants in this case have chosen to capitalize accruing interest, i.e., adding the interest to the various loans
as additional principal, from time to time.
Each complaint asks the court to enter a permanent injunction barring the
defendants from engaging in debt settlement in Illinois and order the
defendants to pay restitution for aggrieved consumers, civil penalties of $ 50,000 for violating the Consumer Fraud Act, an
additional $ 50,000 penalty for each violation committed with the intent to defraud,
as well
as a $ 10,000 penalty per violation committed against a person 65 years or older.
According to the Purina release, Blue Buffalo is requesting
additional time to file an amended complaint with the court naming its ingredient suppliers
as defendants.
Blue Buffalo asked the Court for
additional time to file an Amended Complaint in the litigation, naming its ingredient suppliers
as Defendants.
Since then, and particularly in recent years, there have been a large number of initiatives designed to curb costs, such
as limiting Legal Aid, and the removal of the ability to claim so - called
additional liabilities in «no win, no fee» agreements - from paying
defendants, costs budgeting and the use of alternative dispute resolution.
Consequently, the bank ended up with a recovery of 80 % of its costs up to 31 July 2015 after deducting # 125,000,
as an
additional cost of instructing leading counsel, plus a further reduction of # 150,000 to cover the
defendant's costs of instructing leading counsel.
If your baby requires
additional medical care and treatment
as a result of the
defendant's negligence, you can seek reimbursement for these expenses.
Another court explains that «the applicable remedy analysis for a Brady violation is
as follows: (1) a Brady violation requires a remedy of a new trial; (2) such new trial may require striking evidence, a special jury instruction, or other
additional curative measures tailored to address persistent prejudice; and (3) if the lingering prejudice of a Brady violation has removed all possibility that the
defendant could receive a new trial that is fair, the indictment must be dismissed.
But the issue that caught my eye was that the plaintiff also sought
additional costs of $ 50,000
as a penalty for the approach the
defendant took to settlement and mediation throughout the action.
Consider that some companies that provide insurance products and / or claims management are only managing these on the behalf of the insurer and should or should not be named
as a
defendant — write a letter to this company requesting
additional details to avoid costs; consider commencing your action well before the limitation period to have time to amend your pleadings should the wrong
defendant be named;
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) allows for an
additional amount to be paid to a claimant by a
defendant in cases where the
defendant has refused the claimant's offer to settle and the court has given judgment for the claimant which is at least
as advantageous to the claimant
as the claimant's offer.
The court stated: «I do not, however, believe that the
defendant's conduct was harsh, vindictive, reprehensible or malicious so
as to justify an
additional award of punitive damages.»
The Victims» Bill of Rights contains
additional provisions that operate to the financial disadvantage of those convicted of sexual and other offences who are subsequently named
as defendants in civil suits.
However, if you are naming a government entity
as a
defendant, you will likely need to comply with
additional requirements.
Generally, these
additional requirements involve providing the government agency named
as a
defendant with appropriate notice of the lawsuit.
For
additional sources asserting that federal courts grant summary judgment more frequently than state courts, see Howard B. Stravitz, Recocking the Removal Trigger, 53 S.C. L. Rev. 185, 185 n. 1 (2002)(«[F] ederal courts are more likely to grant summary judgment to
defendants»); JoEllen Lind, «Procedural Swift»: Complex Litigation Reform, State Tort Law, and Democratic Values, 37 Akron L. Rev. 717, 769 (2004)(differing state and federal summary judgment standards «make it much more likely that a
defendant in federal court will obtain summary judgment than a
defendant in state court»); Kristen Irgens, Wisconsin Is Open for Business or Business Just
As Usual?
Since the case named a government entity
as a
defendant, the plaintiff's complaint needed to meet certain
additional procedural requirements not present in cases against citizens or businesses.
She required specialist accommodation,
additional care and therapies
as well
as aids and equipment, and we argued that these issues had been created by the negligence of the
Defendant.
In circumstances where information is needed from a third party outside the jurisdiction,
as Teare J made clear in his judgment, it is recognised that it is not an option to make that third party an
additional defendant to the proceedings, simply to try and obtain information where that party is not liable in any action in that claim.
Where a claimant makes a Part 36 offer and the
defendant does not accept it: If the claimant succeeds at trial and is awarded damages that are
as much
as or higher than the amount he offered, he may be awarded (a) interest of up to 10 % above base rate on damages, (b) costs on the indemnity basis, (c) interest on costs from the last date on which the
defendant was able to accept the offer and (d) an
additional amount of up to # 75,000 (CPR 36.17 (1)(b) and 36.17 (4)-RRB-.
What do you do if you realize many years into a litigation matter that an incorrect party was named
as a
defendant or plaintiff or that that an
additional party needs to be added to the litigation?