Sentences with phrase «by a representative plaintiff»

[1] If the settlement is in the best interests of the class and the retainer agreement provided for, say, a one - third contingency fee, and was fully understood and agreed to by the representative plaintiff, why should the court be concerned about the time that was actually docketed?

A class action is a legal proceeding commenced by a representative plaintiff on behalf of themselves and a group or class of people who fall under the same definition of a proposed class.

Not exact matches

Dr. Tracy Chan, another plaintiff, told the court a Yelp sales representative promised to improve her ratings by burying negative reviews if she agreed to buy advertising.

The plaintiff is seeking: A declaration that upon a true and proper interpretation of the provisions of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whatsoever;

One of the plaintiffs part of a lawsuit challenging Governor Cuomo for not holding a special election after Rep. Louise Slaughter's death says he was recruited to join the suit by a representative for the Republican candidate...

The suit was filed on May 2, 2012 by 20 plaintiffs, led by Vincent Agu, who had sued for themselves and as representatives of the victims of the war, «including the 493 victims pre-enumerated by the Ministry of Defence through RSB Holdings.»

In the Originating Summons marked FHC / ABJ / CS / 232/2018, the plaintiff 8 issues for determination by the court, including: Having regards to the combined provisions of sections 79,116,118,132,153,160 (1) and 178 of the 1999 constitution as amended, the constitution read together with paragraph 15 (a) of the third schedule to the same constitution, whether the 3rd defendant (Independent National Electoral Commission) is not the only institution or body constitutionally vested with the powers and vires to organized, undertake and supervised elections to the offices of the president, the vice president of the federal republic of Nigeria, the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation, including fixing the sequence and dates of the elections to the said offices?

An Ontario Superior Court justice has found that the class action lawsuit brought against Deloitte LLP by lawyers who had reviewed documents for the firm constituted a success for the plaintiff class, and he has granted the representative plaintiff for the class a cost award.

Deloitte had asked for a cost award to the plaintiff class of $ 90,000 and that that award be further reduced to around $ 72,000 to reflect Deloitte's cost of cross-examining the first representative plaintiff, who was rejected by the court.

The Statement of Claim filed by the proposed representative Plaintiff alleges, among other things, that Goodlife violated employment standards legislation and its contracts of employment with Class Members by requiring, permitting and / or suffering Class Members to work hours above those scheduled, including hours both above and below the overtime threshold, but failing to appropriately compensate Class Members as required for all hours worked.

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.

In this case, the plaintiffs, joined by the Puerto Rican government, were seeking a declaration that they had the right to elect a member of the House of Representatives.

«It's like there's no consequence to the representative plaintiff and yet the costs incurred by the defendant are high — it doesn't matter how poorly the claim is handled on the plaintiff side,» she says.

Plaintiff was required by statute to have the vehicle inspected by a representative of the insurer within seven days after the effective date of the coverage or the policy would be terminated.

1) Affidavit of Documents to be completed by April 15th, 2002; 2) Examinations for Discovery of the Defendants shall be for two weeks commencing June 18th to June28th, 2002; 3) Examinations for Discovery of the representative Plaintiffs shall be held during the month of July 2002.

Bosworth endorsed and applied the existing law that for the section 41 (a) bar to apply, the plaintiff for both proceedings must be the same person — it is not sufficient if the same action can be brought on a representative basis by someone other than the proposed class plaintiff.

In addition to the Lead Plaintiff, the Iowa Public Employees» Retirement System, Orange County Employees» Retirement System («OCERS»), the State of Oregon, by and through the Oregon State Treasurer and the Oregon Public Employee Retirement Board on behalf of the Oregon Public Employee Retirement Fund («Oregon») and the General Board of Pension and Health Benefits of the United Methodist Church («the General Board»), all were appointed class representatives and Cohen Milstein was appointed Class Counsel in the litigation in October 2011.

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.

The plaintiff in the case of Maree v. Willow Park Health Care Center is the personal representative of the estate of a woman who died while she was a patient at a long - term nursing facility operated by the defendants.

TORONTO, Aug. 13 / CNW / — This is to announce that today the law firms of Stevenson LLP and Bogoroch & Associates have been instructed to commence a class action on behalf of the representative plaintiffs, Giuseppina Santoro and Gianfrano (John) Santoro for damages sustained by the residents, homeowners and business persons as a result of the explosions which took place on Sunday, August 10, 2008 at the premises of Sunrise Propane Energy Group Inc..

At our press conference in Vancouver, West Coast LEAF and BCPIAC were joined by Debbie Henry, a representative of organizational plaintiff Single Mothers» Alliance of BC, as well as by individual plaintiff Nicole Bell.

120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff's personal representative of any claim that the plaintiff or the plaintiff's personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act may have against the defendant.

Presumably, such a withdrawal could wield considerable influence by cutting off litigation funding and re-exposing the representative plaintiff and / or class counsel to an adverse cost award.

The large group is represented by «representative plaintiffs» who give instructions to the lawyers and act in the best interest of the group.

Two years later, the court in Dugal et al. vs. Manulife Financial Corporation et al., 2011 ONSC 1785 (Dugal) went a step further by requiring the funder to insert a provision stating that litigation control remained with the representative plaintiff.

In this successful class action, the representative plaintiffs, represented by Landy Marr Kats LLP, sued Bell Mobility for charging a 911 service fee while not providing live operator 911 services in the Northwest Territories.

Now, a plaintiff can testify that a written vehicle repair estimate, prepared by an insurer or its authorized representative is admissible, without the testimony of the preparer of the estimate, as evidence of the authenticity and the fairness and reasonableness of the estimate that you would otherwise need.

The proposed representative plaintiffs in the class action are identified in the statement of claim by the pseudonyms «John Doe» and «Suzie Jones».

Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12 Administrative Law — Constitutional Law — Courts — Indians, Inuit and Métis Summary: The plaintiffs sought declarations (a) that Métis and Non-status Indians were «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s. 91 (24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a fiduciary duty to Métis and Non-status Indians; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

Thankfully, CBC also reports that brave Ottawa resident Eliot Shore has stepped forward as the representative plaintiff in a class - action suit led by Charney Lawyers and Sutts, Strosberg.

Finally, in determining whether a representative plaintiff will «adequately» represent the interests of the class, recent caselaw has indicated the court will be influenced by the ability of the representative plaintiff to bear the costs associated with a class action: See Pearson v. Inco and 1176560 Ontario Limited v.Great Atlantic and Pacific Co. of Canada.

However, the issue has been somewhat muddied by Lupsor Estate v. Middlesex Mutual Insurance Co., [2003] O.J. No. 1038, in which the defendant was sued both as an insurer of the plaintiff and as a proposed representative of the defendant class.

[52] Finally, I am not convinced that the plaintiffs relied to their detriment on any assurances made by Ms. Johal or any other representative of ICBC.

the representative plaintiff, and not some other members of the class, must demonstrate a private law duty of care owed by AG Canada

However, these types of facts around a representative plaintiff are rather rare in class proceedings, and the plaintiffs were provided an opportunity for a replacement plaintiff, which was reviewed by the judgment released this year.

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