Authors Theodore Eisenberg and Michael Heise of Cornell University Law School conclude that two findings dominate: first, appeals courts are more likely to disrupt jury verdicts than bench decisions, and second, trial defendants fare
better than plaintiffs on appeal.
Not exact matches
«We will continue working on behalf of our courageous
plaintiffs to show that Arizona can do
better than this disgraceful law,» she said in a statement.
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.
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.
In his study of court decisions on teacher terminations for competency, Zirkel found that «defendant districts prevailed over
plaintiff teachers by
better than a 3 - to - 1 ratio.»
«
Plaintiffs failed to show that the statutes themselves make any certain group of students more likely to be taught by ineffective teachers
than any other group of students... The court's job is merely to determine whether the statutes are constitutional, not if they are «a
good idea.
The first bone of contention the
plaintiffs have is that the company offered the «microscopically low - yielding» Vanguard Prime Money Market Fund, rather
than a stable value fund that would have provided
better returns while preserving capital and liquidity without any greater increase in risk compared to money market investments.
The
plaintiffs seek more
than $ 20 million for fraud, breach of the franchise agreement, and negligence as
well as punitive damages and attorney's fees.
«Rather
than seeing the Avvo ratings for what they are — «that and $ 1.50 will get you a ride on Seattle's new South Lake Union Streetcar» —
plaintiffs Browne and Wenokur want to make a federal case out of the number assigned to them because (a) it could harm their reputation, (b) it could cost them customers / fees, or (c) it could mislead the lawyer - hiring public into retaining poor lawyers or bypassing
better lawyers.
So if you happen to be the
plaintiff in a lawsuit alleging that the defendant's product has caused you to suffer severe social alienation, who
better to call as an expert witness on alienation
than the selfsame Martin Gore?
Instead of helping
plaintiffs get justice, litigation financing may result in
plaintiffs getting less
than what they truly deserve as
well as defendants paying more
than they should.
The
plaintiffs in the matter, who were terminated and subsequently filed suit for age discrimination, sought information stored within the application, hoping it would prove their performance was equal to or
better than other sales professionals within the organization.
Essentially, the Court of Appeal recognized that Reeb would be
better off accepting the
plaintiff's settlement offer under the $ 1 million limit of his mother's home owner's policy,
than continuing to pursue the application to determine if there was any coverage in excess of the limit, under the two additional insurance policies.
Lady Justice may be blind, but she's not deaf, conclude the authors of a recent study sponsored by Texas Tech University showing that English - speaking Hispanic
plaintiffs fare
better at trial
than their non-English-speaking counterparts.
The fact that the OQLF had granted or renewed «certificates of francization» for over a decade knowing full
well that these
plaintiffs were using their trademarks in a language other
than French without the support of a French generic, illustrated that their use was in accordance with the text of the Charter and Regulations.
If someone is being sued, I think it would be
better that a search of cases finds that the
plaintiff may be a delusional litigant
than not.
The injunction sought here also effectively prevented the defendants from transferring the allegedly defamatory material to another server or domain, a broader approach
than what has historically been used in online defamation cases, but one which arguably
better protects the
plaintiff's rights.
So, when a case walks in the door, the defense lawyer makes the same analysis that
plaintiffs lawyers make: what's the value of the case, can I do
better than that and how long will it take to get to a resolution.
At another point, he pokes at the irony in
plaintiff John Henry Browne's contention that his Avvo ranking of 5.5 must be inaccurate because he was designated a «Super Lawyer» by Washington Law & Politics magazine: «Why one should assume that the attorney rating system developed by Washington Law & Politics is any
better than that used by Avvo is not specified, and the Court is not inclined to make such an assumption.»
Plaintiffs» expert, however, failed to account for the actual value of the stock, thus giving the plaintiffs a better deal than they would have attained even if Morgan Stanley's representations had
Plaintiffs» expert, however, failed to account for the actual value of the stock, thus giving the
plaintiffs a better deal than they would have attained even if Morgan Stanley's representations had
plaintiffs a
better deal
than they would have attained even if Morgan Stanley's representations had been true.
The affidavits of Class Counsel and of the representative
plaintiff, Mr. Cannon, which set out why they have concluded that this settlement is fair and reasonable and in the
best interests of the class will also be posted below, by no later
than March 31, 2017.
Plaintiffs accused Boehringer Ingelheim of misrepresenting Pradaxa as a
better drug
than the blood thinner Warfarin.
The defendant need not put the
plaintiff in a position
better than his or her original position.
Hopefully Harold J. Bursztajn will do a
better job representing the
plaintiffs than his famed colleague Professor Charles Nesson did representing Joel Tennenbaum.
Based on findings that the «severe or pervasive» standard «unduly narrows the reach of the law,» the NYCHRL requires a
plaintiff claiming a hostile work environment to prove «that she has been treated less
well than other employees because of her gender.»
Plaintiffs attorneys would do
well to adopt
better typographical practices now rather
than later.
In such circumstances, the
well - heeled party may end up paying more
than its proportionate share to the
plaintiff if or when the impecunious party exhausts its ability to pay.
[48] Second, in medical malpractice cases, the defendant is often in a
better position
than the
plaintiff to determine the cause of the injury (p. 322).
[16] Finally, although the defendant suggests that the history of negotiations between the parties is such that the offer of $ 50,000 was reasonable in response to the
plaintiffs immediately preceding offer of $ 61,000, I am persuaded by the
plaintiff's response submissions that there were
good reasons for her increasing her offer beyond $ 61,000 «as her retraining exposed her to physical demands of what she could expect to encounter «on the ward» this showed her that her loss was likely to be more
than she had previously thought.»
Note that the province appears to occupy a
better position
than municipalities in that
plaintiffs must establish reasonable excuse.
While she laments the single -
plaintiff drug cases of her youth, she loves nothing
better than a
good mass tort.
The National Post is a big organization with, one hopes and expects, a sophisticated IT department likely
better situated
than a personal
plaintiff to know the ropes of the internet and to be able to pull the right ones.
However, the
plaintiff is not to be placed in a position
better than his or her original one.
As to Harvard's plans,
well... a recent study has shown that more of the top 100 of the US wealthier practitioners (read
plaintiffs» - bar practitioners) graduated from «second - tier» law schools
than from the self - described «elite» US law schools.
In fact, it was probably even less
than this amount since the
plaintiff was prepared to have the defendants» costs assessed, meaning the
plaintiff was probably prepared to pay the assessed amount (which very
well could have ended up being the full amount).
«It's a
good example of the insurer defendant trying to bully the
plaintiff into walking away from her
good claim using the financial impact rather
than the merits of the case.»
«
Plaintiffs in a class action lawsuit brought over Subway's «footlong» sandwiches have decided to abandon efforts to pursue the litigation,» two months after a Seventh Circuit panel scorchingly criticized a proposed settlement («utterly worthless... no
better than a racket.»)
By the way. I checked the
Plaintiff (BidMyCrib.com) using Google. They have many
good reviews, and an «A» rating with the
Better Business Bureau. Since 2007
Plaintiff has only had 4 complaints. All 4 complaints appear to have occurred after their relationship with Defendant, so maybe there is a lot more to this story
than what you're reporting. I also checked to see if they have had any type of lawsuits against them; I found no lawsuits against
Plaintiff (BidMyCrib LLC or BidMyCrib.com).
But that explainer — which denied that Wi - Fi Assist was responsible for more
than negligible extra cellular use — was not
good enough for the
plaintiffs, William Scott Phillips and Suzanne Schmidt Phillips.