Sentences with phrase «as plaintiff and defendant»

He has represented broadcasters, newspapers, magazines, celebrities and public officials, as well as a host of others — both as plaintiff and defendant.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

Represented a global leader in providing access control and secure identity solutions including smart cards, readers, printers, RFID tags and software in patent litigation both as plaintiff and defendant.

Legal redress for those who suffered injury and are still living (Holocaust survivors, Japanese - Americans imprisoned during World War II, African - Americans who are not hired or can not obtain housing due to their race) is a difficult and politicized process, but as long as the plaintiffs and defendants are still living it is somewhat straightforward.

Brian originally worked in the Competition Directorate of the European Commission and has for the past 27 years represented US - and Europe - based companies both as plaintiffs and defendants before the Commission in Brussels and the European Courts of Justice in Luxembourg.

We represent clients as plaintiffs and defendants in a variety of trade secret matters involving allegations of outright theft, employee raiding, improper disclosure of proprietary information and related counterclaims.

He also represents pharmaceutical and bio-tech companies as plaintiffs and defendants in international and domestic arbitrations and litigation regarding commercial practices and pricing, milestones, contracts, and partnerships.

Andrew also represents companies as both plaintiffs and defendants in commercial disputes arising from the sale of goods and contracts for product design and manufacturing services, and in contribution and indemnification actions.

«Women are being admitted to law schools in large numbers, and there's not apparent bias in those schools because we have female tenured professors, women writing substantive course books, and the case law students study involves women as plaintiffs and defendants,» says Bellows.

Kathy has also defended an international dialysis services provider against RICO claims in federal court based on allegedly fraudulent billing activity, represented a pharmaceutical services provider in a billing dispute with a chain of nursing homes, defended home health agencies in suits brought by employees pursuant to the Fair Labor Standards Act, and represented other providers and associations of providers as plaintiffs and defendants in a variety of matters in federal and state court involving issues ranging from contract interpretation to cash receipts assessments to the federal Individuals with Disabilities Education Act.

Not exact matches

The complaint lists four individual plaintiffs and names as defendants Trader Joe's, which sells some of the wines that were tested, and about two dozen California wineries, including some well - known names such as Beringer, Fetzer, and... Continue Reading

The defendant, in answer, denies that plaintiff or its predecessors now use, or have ever used, the word «Tabasco» as a trade - mark or identifying name for sauce, and specially avers that the word «Tabasco» could not and can not be appropriated as a trade - mark, because it is geographical and descriptive; that plaintiff continually acquiesced in the descriptive use of the word «Tabasco,» and never made a bona fide attempt to establish the trade - mark it now asserts; and that any rights that plaintiff may have had in the name as a trade - mark were lost by the patenting of the process and the expiration of such patent.

It appears from defendant's own statement, that the McIlhenny bottle and carton were used as a guide in the manufacture of his own, and the inference must follow that his intention then was to make it appear to the casual observer that his sauce and that of plaintiff were one and the same, and thus secure the advantage of the extensive advertisement and wide demand for plaintiff's product, which the stipulation shows is sold in every State of the Union and many foreign countries and is handled by a large maj ority of the jobbers in the United States.

Where defendant, manufacturer of a sauce similar to plaintiff's, copied the printed matter on plaintiff's bottle and carton and adopted a bottle and carton of the same size and shape as plaintiff's, he was guilty of unfair competition, although certain differences between the bottles could be discovered when the two were placed side by side.

Defendant Bulliard, concededly, has a perfect right, so far as plaintiff is concerned, to make sauce in accordance with the patent, but he does not pretend to be doing so, and, in fact, since the adoption of the National Prohibition Amendment to the Constitution and the passage of an enforcement statute by Congress, he may not do so, as the patented process provided for a mixture of alcohol as well as vinegar with the pepper pulp.

The fact that defendant has not only dressed his product in imitation of that of the plaintiff, but has, in addition, likewise used plaintiff's trade - mark, gives added reason why the Court should require that hereafter defendant not only discontinue the use of the name «Tabasco,» but that he adopt a new and distinctive bottle and carton, such as will clearly and unmistakably differentiate his sauce from the «Tabasco Pepper Sauce» manufactured by plaintiff.

These facts and circumstances lead to the conclusion that defendant's effort was to so imitate the bottling and packaging of plaintiff's sauce as to readily deceive the unobservant consumer, while yet preserving a sufficient distinction between the two.

The plaintiff is seeking: A declaration that upon a true and proper interpretation of the provisions of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whdefendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whDefendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whDefendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whDefendant is unconstitutional, null and void and of no effect whatsoever;

Plaintiff says that as at the 1st day of September, 2016, she had completed in electing a Presidential candidate with a vice presidential candidate and also prepared 275 parliamentary candidates ready to sponsor them to the public office of the Presidency and Parliament of the Republic of Ghana through the 2016 Ghanaian Presidential and Parliamentary Elections being conducted by the 1st Defendant.

Plaintiff states again that C.I. 94 only re-state the mandate of the 1st Defendant vested discretion of determining the filing fees with respect to the 2016 general elections and not the specific fees to be charged and basis of the fees charged as required by law.

A copy of the suit said: «This honourable court will be moved by Gary Nimako Marfo ESQ., counsel for and on behalf of plaintiff / applicants herein praying for an order of interlocutory injunction to restrain defendants / respondents, whether by themselves, agents, servants, workmen, hirelings, privies or any person claiming under or through them or howsoever described, from holding out the second defendant / respondent, [as] the parliamentary candidate - elect for Klottey Korle constituency.»

A copy of the suit, which is available to ClassFMonline.com said: «This honourable court will be moved by Gary Nimako Marfo ESQ., counsel for and on behalf of plaintiff / applicants herein praying for an order of interlocutory injunction to restrain defendants / respondents, whether by themselves, agents, servants, workmen, hirelings, privies or any person claiming under or through them or howsoever described, from holding out the second defendant / respondent, [as] the parliamentary candidate - elect for Klottey Korle constituency.»

He also sought an order of perpetual injunction restraining the defendants and their agents from interfering with his rights and or privileges as a senator and preventing him from entering «or remaining within the precinct or chamber of the Senate or National Assembly or attempting to forcibly remove him from the chamber or precinct of the National Assembly or in any way impeding or undermining the plaintiff's ability to function as a senator of the Federal Republic of Nigeria.»

That apart, the car and equipment were all part of their resettlement package and that plaintiffs refused to perform their role as directors of the company, notwithstanding the fact that the 2nd and 3rd defendants continued to cater for plaintiffs» son, David Thomas.

By article 46, the first defendant is endowed with independence in the performance of its functions including the initiation, regulation and conduct of elections in the country... In our opinion and as part of our function to declare what the law is, the above words which are unambiguous insulate the Electoral Commission from any external direction and or control in the performance of the functions conferred on it under article 45... A fair consideration of the functions of the first defendant reveals that the demand which was made on it by the plaintiffs regarding the presence of ineligible and deceased persons and the latter's refusal to acquiesce in the said demands which provoked the action herein relates to its mandate under article 45 (a) «to compile the register of voters and revise it at such periods as may be determined by law».

They further argued that whatever monies plaintiffs were to give to them as consideration was to be used to set up a business for the benefit of 2nd and 3rd defendants alone.

In the light of the above, the course aims at adopting a right - based approach to improve the inclusivity and provide comprehensive access to justice for PWDs, either as direct or indirect participants and whether as victims of crime, suspects, witnesses, plaintiffs, defendants, appellants, remand prisoners and / or prison inmates.

«An order of the court compelling the first defendant to pay an amount of GHC400, 000 as punitive and exemplary damages to the plaintiff as damages for the defamatory comments (he the defendant said about the plaintiff».

«To the best of my knowledge, information and belief, the Plaintiff [Dominic Ayine] brought this action in his name fronting for the immediate past Government to set at naught the popular wishes of the majority of the Ghanaian electorate who see the President's acceptance of the nomination of the 2nd Defendant [Martin Amidu] as Special Prosecutor, as being in the national interest to attack the canker of corruption in the body politic,» Martin Amidu indicated in his affidavit verification sighted by Citi News.

In the Originating Summons marked FHC / ABJ / CS / 232/2018, the plaintiff 8 issues for determination by the court, including: Having regards to the combined provisions of sections 79,116,118,132,153,160 (1) and 178 of the 1999 constitution as amended, the constitution read together with paragraph 15 (a) of the third schedule to the same constitution, whether the 3rd defendant (Independent National Electoral Commission) is not the only institution or body constitutionally vested with the powers and vires to organized, undertake and supervised elections to the offices of the president, the vice president of the federal republic of Nigeria, the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation, including fixing the sequence and dates of the elections to the said offices?

As is so often the case, the defendant showed another female employee a photograph of his penis and commented on its size, and he repeatedly pursued a few of them outside of the workplace, the plaintiffs say.

Ohio About Blog Elfvin, Klingshirn, Royer & Torch, LLC is a Northeast Ohio law firm representing individuals as plaintiffs or defendants, classes of individuals, public entities and companies (employers), in employment law and related practice areas.

The case was won by the defendant (the organiser) without any question, and the plaintiff was questioned as to the wisdom of such a pedantic action.

The state education commissioner acknowledges the achievement gap, as does the attorney general and even Gov. Dannel Malloy, who went from plaintiff in the CCJEF lawsuit when he was mayor of Stamford to defendant in the case when he became governor in 2011.

As I also testified, one of my goals (and I believe this to also be a goal of the plaintiffs» writ large) is to (a) get the state of New Mexico to release the data to an external evaluator to evaluate the models» functionality (this person certainly does not have to be me) or (2) release the data to the «expert witnesses» on both the plaintiffs» side (i.e., me) and the defendants» side (i.e., Thomas Kane of Harvard), so that we can both examine these data independently, and then come back to the court with our findings and overall assessments regarding the model's overall strengths and weakness, as per the actual datAs I also testified, one of my goals (and I believe this to also be a goal of the plaintiffs» writ large) is to (a) get the state of New Mexico to release the data to an external evaluator to evaluate the models» functionality (this person certainly does not have to be me) or (2) release the data to the «expert witnesses» on both the plaintiffs» side (i.e., me) and the defendants» side (i.e., Thomas Kane of Harvard), so that we can both examine these data independently, and then come back to the court with our findings and overall assessments regarding the model's overall strengths and weakness, as per the actual datas per the actual data.

As defendants, the state and its two biggest teachers unions tried to persuade the judge that in four weeks of testimony, the plaintiffs — nine students — did not present enough evidence to prove that the five contested statutes governing teacher dismissal, tenure and layoffs deny students right to an effective education.

As defendants, the state and its two biggest teachers unions tried to persuade the judge that in four weeks of testimony, the plaintiffs...

While the district withdrew as a defendant in the case before the trial started, she was called by the defense in an effort to impeach the testimony of a plaintiffs» witness, Nicholas Melvoin, a former LA Unified teacher at Markham Middle School in Watts, who had testified last month that teacher layoffs in 2009 resulted in effective teachers being dismissed and morale at the school eroded.

Defendants in the case, the state and teacher unions, are trying to prove that these other factors make it difficult for the nine - student plaintiffs to show that state laws governing teacher dismissal, seniority and tenure should be struck down as impediments to a quality education.

All of us involved in the case — recall that Jesse Rothstein and I served as the expert witnesses on behalf of the plaintiffs, and Thomas Kane of the Measures of Effective Teaching (MET) Project and John Friedman of the infamous Chetty et al. studies (see here and here) served as the expert witnesses on behalf of the defendants — knew that all of the plaintiffs» claims would be tough to win given all of the constitutional legal standards would be difficult for plaintiffs to satisfy (e.g., that evaluating teachers using their value - added scores was not «unreasonable» was difficult to prove, as it was in the Tennessee case we also fought and was then dismissed on similar grounds (see here)-RRB-.

Citing the U.S. Supreme Court decision in Arizona Christian School Tuition Organization v. Winn (2011), defendants in New Hampshire argued the tax credits are not appropriations and, as such, the plaintiffs had no standing to file suit.

Whereas, Plaintiff, the United States of America filed its Complaint on April 11, 2012, alleging that Defendants conspired to raise retail prices of E-books in violation of Section 1 of the Sherman Act, as amended, 15 U.S.C. 1, and Plaintiff and Settling Defendants, by their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law;

Various persons, who are known and unknown to Plaintiff, and not named as defendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the cdefendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the cDefendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the cDefendants in the offense alleged and have performed acts and made statements in furtherance of the conspiracy.

It asks the court to certify the class action, return publication rights to the three plaintiffs and other members of the class who so desire, allow plaintiffs and the class to recover damages, allow plaintiffs and the class to recover the costs of the suit, require PublishAmerica to pay restitution to the defendants and the class, and grant «further relief as may be determined to be just,» including punitive damages.

Finally, the suit also claims that «various persons, who are known and unknown to Plaintiff, and not named as defendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiradefendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiraDefendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiraDefendants in the offense alleged and have performed acts and made statements in furtherance of the conspiracy.»

For a general audience, author's commentary plus the highlight of evidence are equally qualified as news analysis to predict what will happen to the plaintiff and defendant.

As with an ordinary lawsuit, an adversary proceeding begins when a plaintiff serves a summons and complain on a defendant.

Specifically, and without limitation, Plaintiff will show that the private loans held by Defendant were not incurred «solely to pay qualified higher education expenses,» per 26 U.S.C. § 221 (d)(1), and were not «attributable to education furnished during a period during which the recipient was an eligible student,» as defined by 26 U.S.C. § 221 (d)(1)(C).

Plaintiff has further reason to believe that the private loans held by Defendant were not «school certified loans» and as such did not satisfy the requirements of a «qualified educational loan» as defined by 11 U.S.C. § 523 (a)(8)(B).

«IT IS ORDERED, ADJUDGED, AND DECREED that the student loan debt owed by plaintiff to the defendant U.S. Department of Education as identified in the complaint is hereby discharged.»