Sentences with phrase «because of the plaintiff»

... While on the evidence by Dr. Wooden seeking to offer an opinion about the plaintiff's injuries such as the inferences to be drawn from the observations in the x-rays or with respect to the cause or mechanism of the injury would be prohibited because of the plaintiff's failure to comply with Rule 40A.

Any evidence by Dr. Wooden seeking to offer an opinion about the plaintiff's injuries, such as the inferences to be drawn from the observations in the x-rays or with respect to the cause or mechanism of the injury, would be prohibited because of the plaintiff's failure to comply with Rule 40A.

The defendant also submitted that the notice period should be reduced because of the plaintiff's failure to take reasonable steps to mitigate her damages.

In the his view, however, relevance alone did not justify production because of the plaintiff's competing privacy interest and because the images would not clearly be admissible at trial.

No apportionment was necessary because each of Plaintiffs» claims were within the ambit of one of the statutes.

Not exact matches

Additionally, courts have dismissed cases arising out of the recall because the plaintiff could not establish that she purchased a defective package.

Rich Palma, president of Golden Pear Funding, said plaintiffs who take out advances receive better protection than borrowers may in other lending situations, because their own lawyers typically review, and often sign, advance agreements.

«The court rejected (the plaintiff's) theory that the newspaper's publication violated her right to privacy because her post to MySpace was made virtually to everyone with an internet connection,» Zaller wrote in a blog post two years ago, asserting the case could apply to situations of employees posting on social media.

In fact, in December 2017 a Virginia district court judge ruled against a female plaintiff in a lawsuit alleging sex discrimination, sexual harassment, and retaliation against defense contractor BAE Systems, in part, because she «did not take advantage of BAE's harassment reporting procedures of which she was well aware.»

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.

The move struck observers as odd because most plaintiffs seeking damages usually hope to settle the case by leveraging the deep pockets of an insurer.

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.

Kuykendall explained to Miller that, because of his intimate relationship with Brown, he would not protect plaintiffs.

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.

Plaintiffs are seeking the return of money given during the company's fundraiser, in part because they never received the digital tokens (known as Tezzies) that they believe their investments entitle them to.

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).

I thought the judge said that the plaintiff didn't make his case... it was lack of evidence, officially, not because of religion.

The Court conceded there was a compelling state interest in providing contraception; however, because the ACA has a number of exemptions and accommodations, most notably excusing non-profit religious organizations from the contraception mandate, forcing the plaintiffs to provide contraception coverage was not the least restrictive means to further the compelling interest, i.e. the HHS could have allowed the plaintiffs the same accommodations available for non-profit religious organizations.

The court ruled that, for purposes of summary judgment, the plaintiff class established a defect not because their individually purchased products contained biological contaminants, but rather because the act of recalling potentially contaminated food provided evidence of a product defect.

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.

«My client is innocent of medical malpractice, your honor, because she brought joy to the process and cheered on the plaintiff throughout her pregnancy.

If medical malpractice were required for midwives, it would pretty much be the end of homebirths, because homebirths are more or less way outside the scope of standard medical practice, so every time it goes bad, all the plaintiff has to do is to put any doctor on the stand and say, «Doctor, can you indicate whether the homebirth was warranted?»

Hall of Fame quarterback Dan Marino yesterday said he will withdraw from a lawsuit that accuses the National Football League of hiding the effects of concussions because he was inadvertently listed as a plaintiff in the case.

On the threats of a legal action against the EC, O. B Amoah held the view that, the plaintiffs may hit a snag because the EC appears to have acted within the ambit of the law as it clearly spelled out the criteria for the candidates.

«Because the record demonstrates that the furlough and the temporary withholding of the 4 percent raises serves a legitimate state purpose and because the means chosen are both reasonable and necessary, plaintiffs» motion for preliminary relief must be denied,» it conBecause the record demonstrates that the furlough and the temporary withholding of the 4 percent raises serves a legitimate state purpose and because the means chosen are both reasonable and necessary, plaintiffs» motion for preliminary relief must be denied,» it conbecause the means chosen are both reasonable and necessary, plaintiffs» motion for preliminary relief must be denied,» it continues.

The plaintiffs» attorney, George Carpinello of Boies, Schiller & Flexner, said Tuesday evening he would «absolutely» appeal to the Second Circuit Court of Appeals — the same venue where he previously won a suit that blocked the State Liquor Authority from blocking the sale and marketing of Bad Frog Beer because its label depicted an amphibian giving the middle - finger salute.

But the most fundamental reason advanced by the Plaintiffs was that the EC was incapable of determining those who registered with NHIS cards for the 2012 general elections because the registration forms did not have any column or portion for recording those who used the NHIS card to register.

The plaintiffs said because the governor has not issued a Proclamation of Election in a «reasonably timely manner,» they have been denied their constitutionally - protected rights to vote and to representation.

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.

Effectively, the Plaintiffs sought from the Supreme Court a declaration that the current voters» register (the Register) is unconstitutional, null and void, and of no effect because it contains the names of persons not qualified to vote and persons who are deceased.

The judge in granting the plaintiff's ex parte motion on Tuesday, held that ordinarily, a part - heard suit could not be heard during vacation without the consent of all parties, but he decided to give room for the hearing because of its urgency.

Falana said during the hearing of the suit, «The prayer being sought by the plaintiffs will create a dangerous precedent if granted because it will mean that a terrorism suspect can go to court and say I can not be investigated.

They contend the plaintiffs» media interviews were tainting the potential jury pool, while they were unable to respond because of federal health privacy laws.

Officials for the campaigns of four other Democratic candidates for the job — State Senator Eric T. Schneiderman; Assemblyman Richard L. Brodsky; Eric R. Dinallo, a former state insurance superintendent; and Sean Coffey, a plaintiffs» lawyer and a former prosecutor — said they were not yet ready to reveal the fund - raising figures they would be submitting to the Board of Elections by Thursday, the formal deadline, in part because they were still processing donations and paperwork.

The plaintiffs, which claimed that they belong to a body known as Inter Party Advisory Council (IPAC), want the court to determine «whether INEC can deregister a party which has fulfilled and satisfied all requirements of registration simply because it fails to win a seat in the Presidential, Governorship, National or State Assembly without considering other elections like the Local Government Chairmanship and Councillors Elections.

In today's lawsuit, the plaintiffs invoke a section of FOIA that requires agencies to make publicly available electronically all records that it has released under FOIA which «because of the nature of the subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records.»

She noted that plaintiffs have invested tens of thousands of their own dollars into the campaign because it is of deep personal importance to them.

But Merck won most of the trials to reach juries, because plaintiffs» lawyers had a hard time linking any particular problem with the drug itself.

The plaintiffs also allege that they have been injured because some of their children attend public schools, and because when a student uses a private scholarship to switch from public to private school it reduces district funding.

Arizona passed a scholarship program funded by tax credits and subsequently found itself sued by the ACLU (and nominal plaintiffs that it rounded up) because many of the scholarship organizations were religious and sent recipients to religious schools.

Many of the original plaintiffs have backed out of the lawsuit because of legal bills that have added up over the history of the case.

Plaintiffs failed to establish that the challenged statutes violate equal protection, primarily because they did not show that the statutes inevitably cause a certain group of students to receive an education inferior to the education received by other students.

The plaintiffs argued that the schools — and their students — suffered disproportionately because many of their teachers lacked seniority, a problem particularly acute in impoverished areas where turnover is high.

But plaintiffs maintain that acquiring a teaching credential doesn't ensure a teacher will be effective, especially because the induction period runs beyond the March 15 date in a probationary teacher's second year of teaching when school officials have to decide whether to offer tenure.

The matter was delayed because the temporary restraining order only applied to the School Board employees, sending the plaintiff's attorney scrambling to quickly sue dozens of independent charter boards, even though he wasn't convinced it was necessary.

A positive aspect of the judge's order for the plaintiffs was that it allowed the State to provide more funding for schools if schools wished to provide these opportunities, but it was not required to spend any more because it was already funding the bare minimum it needed.

In 2014, the plaintiffs in the Vergara trial claimed that several California education statutes — all of which are on the books at the behest of the teachers unions — cause greater harm to minority and economically disadvantaged populations because their schools «have a disproportionate share of grossly ineffective teachers.»

Like plaintiffs, thousands of other aspiring authors who signed up with PublishAmerica have become demoralized because the publishing contract appears to be little more than a pretext for selling dubious services... These authors also feel trapped because PublishAmerica owns the rights to their books for seven to ten years.

This past month, an Ohio district court ruled that several online self - publishing services were not liable for right of publicity or privacy claims for distributing an erotic (and so - called «less than tasteful») book whose cover contained an unauthorized copy of the plaintiffs» engagement photo because such services are not publishers.