Sentences with phrase «benefit plaintiffs in this case»

When mass tort litigation is initiated, the attorneys work together to achieve justice for all the plaintiffs by pooling resources, sharing information and planning strategies that benefit all plaintiffs in every case.

Not exact matches

The plaintiffs in this case are proud union members who are grateful for their union benefits.

I don't wish to anticipate the stories as they are told in Climate Cover - Up, but it may be said that in two of the three cases the plaintiff was able to derive considerable benefit from their suits.

In this case, however, the plaintiffs are receiving lease payments and tax benefits that will exceed $ 50 million over the life of the projects.

In some cases, plaintiffs may need to pursue uninsured motorist benefits from their own auto insurance company for such actions.

Both the trial judge and the Court of Appeal held that the case was adversarial, and was not being brought for the benefit of or in the interests of the plan as a whole, but for the particular class of plan members representative by the plaintiffs.

This decision establishes that in order to secure the benefits of the tolling statute, plaintiffs in medical malpractice cases have an affirmative duty to establish compliance with the explicit terms of the statute, 18 Del..

In almost all cases, the plaintiff will need the ongoing support of various means - tested government benefit programs, including Supplemental Security Income (SSI) and Medicaid.

Earlier this morning, the good professor applied case law to the plaintiffs» allegations (that the ad libeled them, placed them in a false light, used their likenesses for commercial benefit, invaded their privacy, intentionally inflicted of emotional distress), and finds them wanting.

In the result, the plaintiff was awarded 3 months pay in lieu of notice, as well as benefits for that same period, an amount on the low end of the spectrum awarded to plaintiffs in similar caseIn the result, the plaintiff was awarded 3 months pay in lieu of notice, as well as benefits for that same period, an amount on the low end of the spectrum awarded to plaintiffs in similar casein lieu of notice, as well as benefits for that same period, an amount on the low end of the spectrum awarded to plaintiffs in similar casein similar cases.

So likely what plaintiff attorneys are hoping for in this case is that jurors will find the 22 - year - old driver at - fault, in which case decedent's UM benefits will kick in.

In fact, Model Civil Jury Charge 2.33, which covers wrongful termination and discrimination cases, contains a subsection, 2.33 (8), that says that a back pay award «should be reduced by any actual earnings,» but a plaintiff should not be docked for unemployment benefits or «other unearned income.»

In this case, Plaintiff's lawsuit claims that Bayer improperly advertised and over-promoted Yaz for treating acne while knowing that the risks of using Yaz for this purpose outweighed any benefits Yaz could bring.

Its central requirements, a loss suffered by the plaintiff and corresponding benefit obtained by the defendant, are difficult to apply in such cases.

Our experience working for plaintiffs better enables us to analyze claims and decipher weaknesses in a plaintiff's case that may be exploited to the benefit of defendants.

In this case, however, the prospect or likelihood that Item 4.3 was created to address, at least in significant measure, the plaintiff's TTD benefits claim is not fanciful or speculativIn this case, however, the prospect or likelihood that Item 4.3 was created to address, at least in significant measure, the plaintiff's TTD benefits claim is not fanciful or speculativin significant measure, the plaintiff's TTD benefits claim is not fanciful or speculative.

In wrongful death cases, loss of society and companionship damages represent the positive benefits flowing from the love, comfort, companionship, and closeness that the plaintiff (s)(immediate family members) would have enjoyed had the decedent lived.

By leaving in place the Texas Supreme Court's ruling that the Obergefell decision does not, in fact, require such benefits to be extended, the decision to deny cert will return the case to the trial court, where plaintiffs will argue that the benefits violate Texas state law and seek an order forcing the city to rescind them.

In this case, which involved the hearing of four separate disputes at once, the plaintiffs were individuals who were denied certain accident benefits and applied to FSCO for a mediation of their disputes.

So we are not telling you, Mr. or Mrs. attorney, this is exactly how this case is going to turn out, and you certainly have the benefit of your experience, but no human can recall or read through the last thousand cases in the District of Delaware of this type and recall how many times the plaintiff was ruled for, how many times the defendant was ruled for, and then be able to mentally slice down and look at just end of cases, which is a subset of patent cases, or to look at a certain kind of damages or a certain timeframe.

With reference to the general rule that it will not be possible to determine professional negligence without the benefit of expert evidence as outlined in Krawchuk v. Scherbak, the plaintiff relied primarily on the first exception set out in that case.

The Plaintiff in this case sought to collect permanent partial disability benefits under the Maryland Workers» Compensation Act on behalf of his wife, who died of causes unrelated to her work injury.

As an employee and a plaintiff, providing proof of inconsistency can be a major benefit in terms of strengthening your case.

In the 2006 case, the plaintiff began collecting LTD benefits in 1991 at the age of 36 after developing chronic fatigue syndrome and fibromyalgiIn the 2006 case, the plaintiff began collecting LTD benefits in 1991 at the age of 36 after developing chronic fatigue syndrome and fibromyalgiin 1991 at the age of 36 after developing chronic fatigue syndrome and fibromyalgia.

[101] If pursuing such an approach or strategy were to have the effect of generally discouraging Plaintiffs from bringing and pursuing modest sized claims, [even in cases such as here where liability has been admitted] the benefits to insurers could be significant and wide - ranging.

«On the issue of whether someone has the right to have psychological impairment combined with physical it is clear cut just as it was prior to the Kusnierz trial decision,» says Neil Wheeler, a partner with Lerners LLP in Toronto who acted for plaintiffs Phillipe and Cecille Desbiens in 2004's Desbiens v. Mordini, which first established the definition for catastrophic impairment combining psychological and physical impairment, which had been adopted by the courts and Financial Services Commission (which regulates accident benefits) up until the Kusnierz case in late 2010.

However, home owners in other states could benefit from the ruling given that Judge Fallon said, «In the present cases, the Chinese - manufactured drywall has caused a «distinct, demonstrable, physical alteration» of the plaintiffs» homes (the covered properties) by corroding the silver and copper elements in the homes, often to the point of causing total or partial failure in electrical wiring and devices installed in the homes, as well as by emitting odorous gases.&raquin other states could benefit from the ruling given that Judge Fallon said, «In the present cases, the Chinese - manufactured drywall has caused a «distinct, demonstrable, physical alteration» of the plaintiffs» homes (the covered properties) by corroding the silver and copper elements in the homes, often to the point of causing total or partial failure in electrical wiring and devices installed in the homes, as well as by emitting odorous gases.&raquIn the present cases, the Chinese - manufactured drywall has caused a «distinct, demonstrable, physical alteration» of the plaintiffs» homes (the covered properties) by corroding the silver and copper elements in the homes, often to the point of causing total or partial failure in electrical wiring and devices installed in the homes, as well as by emitting odorous gases.&raquin the homes, often to the point of causing total or partial failure in electrical wiring and devices installed in the homes, as well as by emitting odorous gases.&raquin electrical wiring and devices installed in the homes, as well as by emitting odorous gases.&raquin the homes, as well as by emitting odorous gases.»

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized