Sentences with phrase «because defendants»

In summary: no stay because no Alice motion (because the defendants followed the court's rules and filed a letter asking permission instead of a formal motion) but now there's going to be an Alice motion but no stay.

«Just because the defendants set up their entity under Swiss law does not mean U.S. securities laws do not apply.

While it's common for a lawsuit to include anyone who might be even remotely connected with the incident, because defendants can be removed later, that's fine.

The main reason why many of these headline - grabbing claims do not make it into court is because defendants see the writing on the wall and settle at an early stage.

The criminal case may help advance settlement negotiations in the civil matter because the defendants recognize the likelihood that the civil case will provide additional public scrutiny of their actions (if their reputation is valuable to them) or will support a civil award because of strong evidence compiled by law enforcement during the criminal investigation.

Josh Marshall agrees in this post at Talking Points Memo, opining that as a matter of policy, courts do not like to grant plea withdrawals because defendants who get stiff sentences will always try to withdraw their plea.

«I can only infer that the proper questions were not asked because the defendants would not have liked the answers,» Harrington wrote.

Secondly, the minority held that a court order was unnecessary at all because the defendants» consent to the disclosure of the Statement can be implied.

Now, a patent owner who wants to assert an infringement claim against multiple defendants may have to file multiple suits across multiple jurisdictions because defendants may not all be subject to venue in the same fora.

Because defendants have so much at stake in proving they're not primarily liable in an accident, they will often try to implicate you in hopes of getting off without owing you any compensation.

The plaintiff, however, claimed that because the defendants» insurance company confirmed her cause of action in April or May of 2010 the limitation period ran from then rather than from the date of the accident (Limitations Act, s. 16).

IMHO it should have declined to hear the case not because the server was not in England, but because the defendants were not.

I think the issue is under - litigated because both defendants and the government usually agree that the D.C. and 11th Circuits are correct.

[22] Because the defendants are not seeking production of the videos and photographs themselves (sensibly, in my view because I would not have ordered their production), secondary documents which refer to the nature of the images and the dates on which they were made are a reasonable substitute for those original documents.

Because Defendants have failed to establish that no alternative, nondiscriminatory means exist to address their legitimate purpose, this Court finds that the LCFS violates the dormant Commerce Clause.

«The only real finding in the judgment is that it didn't defame Dr. Weaver and it's a little puzzling because the defendants themselves admitted in their defence that they did defame him,» McConchie told the Times Colonist.

While it's common for a lawsuit to include anyone who might be even remotely connected with the incident, because defendants can be removed later, that's fine.

This, the attorney general's office contended, showed that the federal government was evenhanded — and, moreover, because the defendants were black and the plaintiffs white, here was a case it could win in the South.

Because defendants sold far more computing power than they owned and dedicated to virtual currency mining, they owed investors a daily return that was larger than any actual return they were making on their limited mining operations.»

The judge said the town board now maintains that it «does not matter because the defendant was only reviewing and making recommendations, not the final decisions.»

He prayed the panel to rule in his favour because the defendant did not even cross-examine their witnesses.

This Court has personal jurisdiction over each Defendant and venue is proper in the Southern District of New York under Section 12 of the Clayton Act, 15 U.S.C. 22, and 28 U.S.C. 1391, because each Defendant transacts business and is found within the Southern District of New York.

The insurance company's duty to defend prevents the company from paying for claims that aren't legitimate, but would be lost because the defendant just can't afford a lawyer.

I am convinced that the «Happy Gilmore» shot would have been less controllable than a normal tee shot, both because it involved a run - up to the ball (rather than an aimed shot from a stationary position) and because the defendant had been drinking throughout the day...

However it is slightly different in judicial review cases because the defendant, as a public body, may well suffer no financial loss if the decision is reversed.

In simpler terms, just because a defendant is not found guilty of a criminal act, it does not preclude that defendant from going before a civil jury in a civil trial.

However, it ruled that the occasion was exceeded because the defendant's comments went beyond what was «germane and reasonably appropriate» (p. 286).

The idea is to leave the jury with the thought that the discrepancy is because the defendant is a chronic drinker who can hold his or her liquor and not because the chemical test results are wrong.

A solicitor will need to identify all of those who are a potential dependent because the defendant's insurance company is only required to make a single payment for dependency that is then apportioned between those who are «qualifying» dependents.

Courts have determined that the police may record the numbers dialed on a telephone because the defendant had «voluntarily» turned the information over to a third party (the phone company).10 According to the Court, information which an individual makes available to a third party no longer contains a reasonable expectation of privacy.11

The plaintiff argued that the lower court's ruling was proper because the defendant admitted that she'd violated the county ordinance, that she hadn't kept the dog under control, and that if she had, the dog wouldn't have bitten.

Such costs are often awarded, but Myers instead awarded costs against the defendant because the defendant had not provided information and documents, as he had been directed to do by the court, in a timely manner.

Likewise, if the court sets a later trial date (perhaps because the defendant successfully requested a continuance), you can request a continuance relative to that, but you can't force them to go with the date you originally scheduled.

The plaintiff was successful at trial and was awarded substantial damages, however, the trial judge declined to award additional costs because the defendant put forward a «genuinely available position» to deny liability.

For Slatter J.A., just because a defendant is «immune from liability» on the original claim does not mean the proceeding is void or beyond amendment.

The county court made a possession order but suspended it because the defendant had ceased cultivating cannabis.

When there is no direct evidence of a motor vehicle accident itself, either because the defendant denies being involved in the vehicle and there are no other witnesses, then circumstantial evidence becomes important in leading the jury to believe that the accident did in fact occur and the defendant is liable for the accident.

There have been cases where the injured party has won a lawsuit, but been unable to collect damages because a defendant is incapable of paying.

Because the defendant was a fourth - generation resident of the small, conservative community, the defense offered a settlement of less than $ 1 million.

The Plaintiff also argued that because the Defendant corporation «carried on business in Ontario» because its hotel operations catered to temporary workers who may have been from outside of Alberta.

In an injured seaman's suit against the owner of a commercial fishing vessel, a Gloucester County Circuit Court excludes plaintiff's expert because defendant had no duty under maritime law to perform a «job hazard analysis» on vessel - to - vessel ingress and egress,...

One reason why she may have been acquitted of the criminal charges was because the defendant's criminal defense attorney claimed that the woman was not in good physical or mental health at the time of the incident.

Because the defendant condominium corporation had «become the legal owner of the common areas of the townhouse complex» prior to the issuance of the City of Mississauga's orders to comply, the defendant condominium corporation assumed the legal responsibility for the actions of the builder - developer.

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

It is important to have an attorney because the defendant will almost certainly have an attorney to protect them.

The question is whether a UK court can or should try the particular dispute because the defendant is not a UK national.

Punitive damages may not be increased simply because a defendant has significant financial resources.

In Munoz v. Sierra Systems Group Inc. 19 the trial judge increased the notice period because the defendant had placed a non-solicitation clause that restricted the plaintiff from soliciting the clients of the defendant for the 6 months after the termination of his employment.

But from a practical standpoint, the Court's ruling will likely not make life any easier for plaintiffs, because a defendant will only need to hodge - podge some good faith belief of non-infringement — as opposed to a good faith belief of invalidity.

The plaintiff also claimed a longer notice period because the defendant, allegedly, had induced the plaintiff to leave secure employment by making fraudulent or negligent misrepresentations about the job security that the plaintiff would enjoy.