Sentences with phrase «because of the defendant»

In this case, because of the Defendants» collusion, consumers paid millions more than they would otherwise have had to pay for ebooks.

Therefore, if you can demonstrate the first three, but can not convince a jury that you suffered damages because of the defendant's negligence, you will not be able to receive compensation for your injuries.

A plaintiff must prove that his or her injury happened and that it happened because of the defendant's negligence.

3) The plaintiff suffered harm or injury because of the defendant's breach.

Because of this some defendants or their attorneys, if aware that -LSB-...]

But, under the law, it is your obligation as a plaintiff to prove the harms and losses incurred because of the defendant's action.

In some cases, a defrauded person may also be able to recover money for mental anguish suffered because of the defendant's conduct.

The allegations were brought by the owners of the local daily newspaper in Charlottesville because of the defendants» involvement in the planning of a REALTOR ® association newspaper, the Charlottesville Area Real Estate Weekly, containing real estate advertising.

Not exact matches

Microsoft lawyer Jeff Fisher said defendants could not use this maneuver because they can not voluntarily dismiss a lawsuit if they want to get an automatic appeal of a decision granting class certification.

Defense attorneys have already said the 21 - year - old defendant committed all the crimes he is accused of, but they also contend Tsarnaev did so in an act of subservience to his older brother, not because of a personal passion.

If the plaintiff can prove that had the defendant not taken the music, if that was an infringement, then the plaintiff is going to argue that all those sales of the «Stairway» song should have been their sales, because it's the same song, it's their music.

If both sides, through their eyes and their people's eyes, have concluded that the plaintiff is absolutely going to win this case, and the plaintiff is going to get a lot of money because they're totally on board with everything that has been presented, then that might be a good reason for the defendant to agree to a settlement with the plaintiff for less money than the potential exposure if the jury comes back and finds willful infringement.

This Court has subject matter jurisdiction under 28 U.S.C. § 1332 because there is complete diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds $ 75,000, exclusive of costs and interests.

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

Because of an exception that tends to swallow the rule, however, corporate defendants are often disappointed when they attempt to invoke this principle to defeat securities fraud claims.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company was engaged in predatory lending practices that saddled subprime borrowers and / or those with poor or limited credit histories with high - interest rate debt that they could not repay; (ii) many of the Company's customers were using Qudian - provided loans to repay their existing loans, thereby inflating the Company's revenues and active borrower numbers and increasing the likelihood of defaults; (iii) the Company was providing online loans to college students despite a governmental ban on the practice; (iv) the Company was engaged overly aggressive and improper collection practices; (v) the Company had understated the number of its non-performing loans in the Registration Statement and Prospectus; (vi) because of the Company's improper lending, underwriting and collection practices it was subject to a heightened risk of adverse actions by Chinese regulators; (vii) the Company's largest sales platform and strategic partner, Alipay, and Ant Financial, could unilaterally cap the APR for loans provided by Qudian; (viii) the Company had failed to implement necessary safeguards to protect customer data; (ix) data for nearly one million Company customers had been leaked for sale to the black market, including names, addresses, phone numbers, loan information, accounts and, in some cases, passwords to CHIS, the state - backed higher - education qualification verification institution in China, subjecting the Company to undisclosed risks of penalties and financial and reputational harm; and (x) as a result of the foregoing, Qudian's public statements were materially false and misleading at all relevant times.

On their motion for summary judgment, defendants argued that plaintiffs had not satisfied the loss causation requirement of Section 10 (b) because plaintiffs» losses were not caused by the revelation that First Solar had committed fraud.

I was an expert witness for the plaintiff and we were able to show that the anonymous site was in all likelihood linked to another site known to be run by the defendant because of an under - the - hood WordPress config variable he probably wasn't aware existed (X-Pingback-Url FTW).

When it came time for the trial, all the judges of the Amherst County Circuit Court had to disqualify themselves because the commonwealth attorney, J. Barney Wyckoff, was not only a member of the church but one of the defendants.

Think of my ideas, Chad, as a defendant that a lawyer reserves the right to recall later — because rest assured, Chad — once you start to try to defend the validity of the god of israel that man made in his own image, I will be recalling these ideas.

The charity, which advocates for believers facing pressure because of their faith, urged Christians to pray for Ayoub Talian Tutu, Ali Al Hakiem Alam, Imperator Hammad and Habeil Ibrahim, as well as a fifth defendant.

And we get angry because we know several of the defendants have already been prosecuted and served time for similar crimes.

In rejecting the defendant's contention that the court's ruling was «tantamount to... find [ing] that a recall alone demonstrates defect in the recalled products,» the court stated that the products were defective not because of the recall, but because they were considered unfit for human consumption by Costco.

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.

The trade - mark had been cancelled, first, on the ground that it could not be denominated a technical trade - mark, because it was a geographical name, and, second, on the ground that it was fraudulently obtained, the application falsely stating it had been «in the actual and exclusive use of defendants since 1868.»

There are thousands of defendants across the country in jail right now because they can't make even minimal bail amounts.

The City of Crystal Lake and the Village of Lakewood are also defendants because they own property on the lake.

Lawyers for the defendants contend that the patent issued for the Luvs diaper is invalid because it was not the result of any breakthroughs, but was rather an imitation of previous attempts to design the best diaper.

The witness told Justice Adeniyi Ademola that some money was found in Dasuki's house but that he would not know whether the defendant committed money laundering offence or not because he does not know the definition of money laundering under the law.

I share the view expressed by objective and reasonable members of the public that because the government was the 1st defendant / respondent against whom the Supreme Court made declarations of unconstitutional conduct in paying the judgment debt to Alfred Agbesi Woyome, the government has been pretending for purely political reasons at each turn to take steps to enforce the judgment and orders of the court only to deliberately abort them.

«Even the most generous interpretation of the evidence of the defendants» sexual orientation as relevant — that because he dresses like a woman he likely stole the woman's hair products and shoes — is such an incredible leap of logic as to astound this court.»

This aspect of the legislation is considered particularly controversial, because of concerns about how fair a trail is when the defendant doesn't know who is speaking against him.

Arguing a motion he filed to challenge the court's summons, the lawyer said he would not be able to testify in the matter because of the existing relationship between his chambers and the third defendant in the case (Slok Nigeria Limited).

«I am not a compellable witness because it could lead to a breach of professional communication between our law firm and the third defendant.

Judges are expected to disqualify themselves from cases in which their impartiality «might reasonably be questioned» because of social, familial or other ties to a defendant, according to New York state court rules.

«The defendants will likely attempt to argue that de Blasio was not charged because of some inferred concern about Singh, and attempt to use the failure to prosecute as an attack on Singh's credibility,» the motion said.

«Mr. Oke, I want to believe, stood in the stead of the 2nd defendant (Fani - Kayode), because all through the transaction he was the one I was speaking with,» the witness said.

Jack Straw, the Justice Secretary, is to admit that over a period of «many years» hundreds of cases never came to court because warrants were not issued for the arrests of defendants when they failed to show up at court.

Prosecutors with the Brooklyn District Attorney's office barred one of their employees from participating in a murder case because of her family relationship with a defendant, the Daily News has learned.

The state and Monroe County boards of election are named as defendants as well, because they are «certainly interested parties and may be determined to be necessary parties.»

A declaration that the statements that Plaintiff is «managerially and administratively inept» because Plaintiff has no respect for the organisational structure of the Electoral Commission, «has poor human relations not befitting of any leader in public space», has «unilaterally transferred District Electoral Officers perceived to be pro-NPP», ``... polarized the Commission along political lines» and disunited its members out at paragraphs 11, 12, 13, 20, 21 and 26 of the petition attached to Defendant's letter conveying the petition to his Excellency the President of the Republic of Ghana are defamatory of Plaintiff.

«The matter was adjourned until today for arraignment of the defendants, but up till now, we have not been able to secure the attendance of most of the defendants, because they are outside the country.

«In the case of the first defendant, he started committing this offence since 2012 because he obtained Nigerian Passport since 2012 but was not arrested.

The defendants were supposed to be processed after court at the state police barracks in Boston but all parties agreed to postpone because of the weather.

Prosecutors with the Brooklyn District Attorney's office barred one of their employees from participating in a murder case because of her family relationship with a defendant.

«The Camden Central School District, in discussing the circumstances of the case with law enforcement, decided to cancel school because the suspect had not been located prior to the start of school and at the time it was unknown whether or not the defendant had the means to carry out the attack,» state police said.

BAIL REFORM: Cuomo and lawmakers introduced different versions of proposals to eliminate cash bail in misdemeanors and non-violent cases to ensure criminal defendants aren't imprisoned simply because they are poor.

Because he has gripped the helm of the Assembly for more than 20 years, Speaker Sheldon Silver's new status as federal defendant jolts the Albany legislative process right at the start of a new term.

The Acting Chairman of the Commission, Hon. Abdullahi Bako, who made the presentation on behalf of the Commission explained that the amendment had become necessary given the fact that the Commission is restricted by its extant law to prosecute cases only in State High courts which has hampered its prosecutorial effectiveness because high profile defendants often wield substantial influence within a state.

Sen. Michael Nozzolio, the Seneca County Republican who co-chairs the panel with McEneny, said he couldn't discuss the matter because of LATFOR's status as a defendant in the suit.