Sentences with phrase «assessment of the plaintiff»

With respect to the latter, if the insurer is simply not prepared to make a settlement offer, the value of mediation will lie in trying to narrow and / or resolve some of the issues, better understand the parties» respective positions, and most importantly, allow the claims examiner to make their own assessment of the plaintiff regarding presentation and credibility in order to evaluate how the plaintiff will be perceived at trial.

In light of the time, resources and stress that can accompany being sued, the defendants may be encouraged to simply stop expressing their views and critical assessments of the plaintiff (s).

That said, I would venture that trial fairness should operate as the guiding principle in this area, so if the plaintiff has decided that expert evidence from one specialty based on an examination of the plaintiff is relevant to the adjudication of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based on an assessment of the plaintiff.

A request may be legitimate where there is evidence that (i) the party's condition has changed or deteriorated since the date of a previous examination, (ii) a more current assessment of the plaintiff's condition is required for trial, (iii) the plaintiff served specialist reports from new assessors after the defendants had conducted their medical assessments, or (iv) some of the party's injuries fall outside the expertise of the first examining health practitioner;

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, dismissing a defence request for an independent medical assessment of a Plaintiff in part due to the use of a «cut and paste affidavit».

The court rejected this doctor's evidence finding that «it was obvious to me that he had not spent as much time, nor was he as objective in his assessment of the Plaintiff (as her own physicians were).

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.

Not exact matches

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 data.

«This assessment is an example of what federal scientists can and should be doing when they are freed from political interference and allowed to actually do their jobs,» said Kassie Siegel, climate program director for the Center for Biological Diversity, the lead plaintiff in the lawsuit.

Paragraphs 4.1 to 4.8 decide upon the admissibility of the civil organisation plaintiffs, before Section 5 engages in the substantive assessment of the claims.

ECA assessments conducted, as part of a defense medical examination will likely focus heavily on the individual's residual earning capacity or exaggerate the plaintiff's vocational options and retraining potential.

The Court of Appeal held that Warkentin, J., in granting summary judgment to the second lawyer, erred in failing to consider whether he had owed the plaintiffs a duty to advise them about the limitation period for suing the first lawyer, even though the written retainer between the plaintiffs and the second lawyer was restricted to an assessment of the first lawyer's account.

In short, the court wants the plaintiff to take a good assessment of the landscape around the path.

In the wake of litigation over harm sustained via a traffic accident, the plaintiffs hired a new lawyer to assist them in an assessment of the fees charged by the first lawyer.

Research also suggests that plaintiffs» damage requests influence juries» assessments of appropriate awards.

As experienced plaintiff personal injury lawyers, we will assist you in putting your best foot forward, by gathering the appropriate evidence and guiding you towards a realistic assessment of your likely damage award.

The Trial Judge agreed with Mr. Abraham's assessment of the damages under all headings and awarded the Plaintiffs at the exact amounts requested.

With respect to the size of the fee award, the appellate court was «not unmindful» of this factor, but gave credence to the trial judge's assessment that plaintiff used a classic «shotgun» litigation strategy, so he bore substantial responsibility and should have expected Bank would incur substantial fees.

The brief detailed the defendant's assessment of the merits of the plaintiff's claim and the reasons why it didn't think the claim would be successful.

Despite the Plaintiff's assessment of damages being unopposed the Plaintiff was only awarded a fraction of his claimed damages and he received nothing for future loss.

I work with both plaintiffs and defendants, so my in - depth reviews and case evaluations include assessments from a variety of closely considered angles.

In subsequent cases, plaintiffs evolved three techniques of avoiding Chadha: (a) combining direct and indirect purchasers into one class; (b) relying on causes of action that may not require proof of loss, in order to invoke aggregate assessment of damages; and (c) leading economic evidence regarding pass on.

Sometimes it will be measured by reference to the actual earnings the plaintiff would have received; sometimes by a replacement cost evaluation of tasks which the plaintiff will now be unable to perform; sometimes by an assessment of reduced company profits; and sometimes by the amount of secondary income lost, such as shared family income.

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.

Again, I do not have evidence that suggests Dr. Hirsch did not or would not discuss the nature of the assessment prior to commencing the IME or prior to asking the plaintiff to complete the consent form.

[42] The third objection is that the plaintiff is asked to confirm in advance that she has received an explanation as to the nature of the assessment.

[13] Therefore, a plaintiff's evaluation of his or her claim, can also involve an assessment of these factors.

[54] Nonetheless, the fact that there are no records of medical assessment or treatment of the plaintiff for his injuries from the March 2013 accident until he obtained expert evidence for his trial is significant.

The Court cited previous case law for the proposition that the assessment of diminished earning capacity must be based on the totality of the evidence, rather than a purely mathematical calculation, and that the Plaintiff should be put in the position he or she would have been without the injuries caused by the negligence of the Defendant.

[253] In my assessment for the loss to date of trial, I have considered the initial period of recovery when the plaintiff could not perform any household tasks.

[110] I reject the defendant's suggestion of a one - time award of $ 450, and while I appreciate that a relatively minor adjustment within a family does not justify an assessment under this head, I find that a compensable loss that will continue has been established and I award the plaintiff $ 2,500 for loss of housekeeping capacity.

Regarding the feeder driver position, the majority notes that Blood's tentative notation that Faidley was capable of performing the job was only «a preliminary subjective opinion, unsupported by objective evidence, not materially different than the employee's subjective assessment that was insufficient to create a material dispute with his physician's restrictions...,» and unable to overcome the substantial objective evidence of the plaintiff's medical restrictions.

Plaintiff LLC has stated claims that defendants fraudulently induced it to perform a real estate purchase agreement by false representations regarding the nature and amount of real estate taxes and special assessments, and acted to divert plaintiff's attention frPlaintiff LLC has stated claims that defendants fraudulently induced it to perform a real estate purchase agreement by false representations regarding the nature and amount of real estate taxes and special assessments, and acted to divert plaintiff's attention frplaintiff's attention from the...

[19] Turning to the factors relevant to the assessment of non-pecuniary loss, it is apparent that the injuries suffered by the plaintiff were of a minor nature.

The motion judge had determined that the subject retainer was only with respect to assessment of the accounts of their earlier former lawyer, Mr. Good, and not any possible negligence action against Mr. Good, and thus there was no genuine issue whether Mr. Cardill owed the plaintiffs a duty of care to advise them about the limitation period in relation to a possible negligence action against Mr. Good.

«(I) t would deprive Chevron of the ability to make its own assessment and arguments regarding the funding agreement and its impact, if any, on plaintiff's ability to adequately represent the class,» Illston wrote in her order.

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.

Successfully brought a motion to compel a vocational assessment of a brain injured minor plaintiff pursuant to the inherent jurisdiction of the Ontario Superior Court of Justice.

In my view, the proceeding was not appropriate, and the plaintiff's underlying claim was not discovered, until May 2011, when the CRA responded to the appellant's Notice of Objection and advised that it intended to confirm its initial assessments.

[4] The Plaintiffs are suing the federal government for damages for negligent misrepresentation arising from the government's failure to advise them of the significant, identifiable risks they were facing by resigning from the public service to join Loba — risks that related to the government's assessment of the legitimacy of the Loba arrangements...

[93] The assessment of non-pecuniary damages depends on the particular circumstances of the plaintiff in each case.

According to Lofchik's decision, the plaintiff then failed to comply with undertakings given at the examination, which resulted in a motion to compel their fulfilment and the cancellation of an independent medical assessment.

[36] Here, the credibility of the plaintiff was a critical factor in the trial judge's assessment of quantum, and the evidence of the observers was intended to directly address the plaintiff's credibility.

The plaintiffs, a condominium association and 254 unit owners, sought to have their units assessed based on the results of a market auction, held one month after assessment, at which several other Society Hill units were sold.