Sentences with phrase «between plaintiffs and defendants»

The class action is a tool that alters the balance of power between plaintiffs and defendants.

The B.C.C.A. (in a decision written by Justice Groberman) dismissed the appeal, holding that territorial competence over the action between the plaintiffs and defendants was sufficient to establish territorial competence over the injunction application.

Pain and Suffering: This concept is easy to understand though it can be a point of serious contention between plaintiffs and defendants.

An extension of liability to rescuers and helpers would be a modest incremental development in the common law tradition and, as between these plaintiffs and these defendants, produce a just result.

They include the notion that the method to stop such lawsuits should be cheap and fast; put the onus on plaintiffs to prove the litigation wasn't improper; balance the financial inequality between plaintiffs and defendants; and deter people from launching them in the first place.

I am proud to call many of the largest banks, collection agencies, debt buyers and insurance companies our clients and have roughly a 50/50 case distribution between Plaintiffs and Defendants.

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.

If they don't know the difference between a plaintiff and a defendant, they may not be the right fit for your firm.

As Hardcastle notes, many of these cases are decided at the duty stage, and courts have been unwilling to find the requisite proximity between the plaintiffs and the defendant governments or hospitals which is necessary to base a duty of care.

A defendant in an existing case may file a third - party claim against someone other than the plaintiff because the outcome of the case between the plaintiff and the defendant will affect the rights or responsibilities of that third party.

The motion judge dismissed the motion, finding, among other reasons, that the dispute was connected to Ontario because the agreements between the Plaintiff and Defendant were made in Ontario.

Negligence can sometimes be apportioned between a Plaintiff and a Defendant, or between a Plaintiff and more than one Defendant.

FACTS This matter arises out of a motor vehicle accident between Plaintiff and Defendant on March 28, 2011.

An issue arose regarding the admissibility of two communications between the Plaintiffs and the Defendant Landlord's solicitor (Ms. Jackson).

Now it tries to bridge the chasm between Plaintiffs and Defendant's expert witness reports.

Florida premises liability lawsuits often hinge on the relationship between the plaintiff and the defendants.

The particular circumstances of the case, which include the relative ages of the plaintiff and defendant, the relationship between the plaintiff and defendant, and the repetitive nature of the abuse, will be considered in relationship to the establishment of the egregiousness of the defendant's conduct and the severity of the plaintiff's resulting emotional distress.

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self - interest while working in the plaintiff's employ... [more]

In Schetky v. Cochrane and the Union Funding Co. [1918] 1 W.W.R. 821 the Court of Appeal in British Columbia ordered oral discovery to be given to a defendant of negotiations between the plaintiff and another defendant in the action but held that on the trial there would be no higher right to use the statements or admissions than that which a party to the negotiations would have who sought to introduce them in evidence.

While Florida's law is different from that applied in the case, the case is still instructive to Florida personal injury plaintiffs because the division of fault between the plaintiff and the defendant is an issue for the jury to determine.

In order to figure out whether punitive damages are awardable, an attorney must look at all of the facts including the history of the relationship between the plaintiff and defendant.

By the end of October 2012, the relationship between the plaintiff and the defendant had deteriorated.

It is axiomatic that this subsection is not determinative of the dispute between the plaintiff and the defendants in this case.

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self - interest while working in the plaintiff's employ.

A Mary Carter agreement is a settlement agreement between a plaintiff and defendant in which the defendant remains an active party to the litigation and the claim also -LSB-...]

While Livent affirms that when undertaking a full proximity analysis the court must examine all relevant factors arising out of the relationship between the plaintiff and the defendant, two factors are determinative in the case of negligent misrepresentation — the defendant's undertaking and the plaintiff's reliance.

In response to written questions by the trial court, the jury found that there was an agency agreement between plaintiffs and defendant, and Nestle» had breached it to plaintiff's detriment.

«How then, does one justify what this judge did, when he split the damages 50 / 50 between the plaintiff and the defendant?»

It says that the relationship between the plaintiff and the defendant is of such a nature that the defendant is under an obligation to be mindful of the plaintiff's legitimate interest.

Real Estate, Inc. (299 A.D. 2d 201)-- summary judgment dismissing complaint for breach of contract granted where agreement between plaintiff and defendant plainly provided that plaintiff is not entitled to 10 % of defendant's commission until defendant actually receives the commission and defendant presented undisputed evidence that it had not received a commission.

Not exact matches

The Court announced that «[t] o prove loss causation, plaintiffs need only show a causal connection between the fraud and the loss by tracing the loss back to the very facts about which the defendant lied.»

According to Athenian law, the jury had to choose between the alternatives proposed by the plaintiff and those of the defendant.

Where defendant, manufacturer of a sauce similar to plaintiff's, copied the printed matter on plaintiff's bottle and carton and adopted a bottle and carton of the same size and shape as plaintiff's, he was guilty of unfair competition, although certain differences between the bottles could be discovered when the two were placed side by side.

These facts and circumstances lead to the conclusion that defendant's effort was to so imitate the bottling and packaging of plaintiff's sauce as to readily deceive the unobservant consumer, while yet preserving a sufficient distinction between the two.

Defendants (Catherine and Seth Afeku) in their pleadings, however, denied all the allegations saying the averments of the plaintiffs were a total and complete distortion of the dealings and transaction that transpired between the parties.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

Lazarus, meanwhile, is calling on the Supreme Court bar and on the Court to take steps to reduce the imbalance in advocacy between the well - paid pro-business veterans and those representing other parties, such as criminal defendants and employment discrimination, tort and environmental plaintiffs, Mauro writes.

In Chester, if one takes the majority and dissent speeches (reasons for judgment) at face value — the split was 3 - 2 — the plaintiff succeeded on the normative basis that the duty of care in issue was so important that that justified dispensing completely with any requirement for a causal connection between the defendant's negligence and the plaintiff's injury.

In representing both plaintiffs and defendants, has successfully negotiated fair, reasonable, and cost - effective settlements between competing businesses, between businesses and clients, as well as between employers and employees.

On appeal, the plaintiffs» requested that the judgment dismissing the action against Mr. Vicentini and Ford Credit be set aside and liability be apportioned equally between those two defendants and Mr. Hoang and requested that the amount of damages be increased.

Plaintiff (or a co-defendant) might argue that the relationship between the negligent driver defendant (or his employer) and the contracting entity (either a «private carrier» or a customer) was such as to create an agency relationship, rendering that entity liable for the acts of the negligent driver, as its agent.

Upholding the judge's finding of liability on the 93A clam, the Appeals Court held that the former employer - employee relationship between the plaintiff and the individual defendant «does not stand as a bar» to the chapter 93A claim and that his conduct was «actionable independent of his contractual obligations.»

[127] The plaintiff need only establish a «substantial connection between the injury and the defendant's conduct» in order to establish causation: Sam v. Wilson, 2007 BCCA 622 at para. 107.

Whether others involved in the hauling transaction (besides the negligent driver and his employer) may be viable defendants in a Plaintiff's personal injury action generally depends on the licenses held by, and the particular business relationship between, the various entities.

He splits his practice evenly between representing plaintiffs and defendants in high - stakes matters.

The chart illustrates the significant effect that the cost of capital differential between the defendant and the plaintiff can have on settlement optimization.

The operating principle therein being a balance between the deterrence and denouncement of the conduct by the defendants and the corresponding enrichment of the plaintiff.

The plaintiff took the position that the reasonable notice period was between 18 and 24 months; the defendant did not suggest a period or range of notice to which he says the plaintiff ought to be entitled.

Moving the chart control button (just below the chart) from left to right alters the cost of capital differential between the defendant and plaintiff from -30 % to +30 %.

While I accept there was a situation of peril created by the driver of the tractor trailer, the proximate cause of the collision between the defendant's vehicle and that of the plaintiff was the inattention of the defendant by travelling too close to the rear of the plaintiff's vehicle or, alternatively, the condition of the brakes on his vehicle which did not allow him to slow his vehicle in time to avoid hitting the plaintiff's vehicle.