Sentences with phrase «by defendants»

'' [Carrie Malec] will be thrust into the public spotlight without her consent after being beaten and humiliated by defendants.»

In addition to the return of profits made by the defendants, interest and the application of penalties, the SEC also sought to permanently bar Lacroix from serving as an officer or director of any public company and prohibiting both Lacroix and Paradis - Royer from participating in an offering of digital securities.

I firmly believe if he was to spend some time with us, or indeed, any claimant clinical negligence practice, going through some of the cases we deal with; taking a proper look at the investigation that is often necessary; taking on board the hurdles we have to overcome in order to bring a successful action and was briefed on the defendants» behaviour, that he would gain an understanding of the negligence encountered by patients, the tactics employed by defendants and on a more positive note, witness the direct changes to NHS procedures and improved outcomes as a result of litigation.

He had immense power handed to him by the Defendants.

Plaintiff takes issue with the presiding justice allowing the scandalous non-compliance to the rules of court by defendants and their counsel as per notices served on the defendants counsel.

Delays caused by the defendants and NHSLA can be unrelenting and are hugely distressing to clients.

[2] The primary argument put forward by the Defendants is that the Plaintiff's claim is res judicata, the crucial issue having already been decided in prior regulatory and criminal proceedings.

The judiciary can have some effect on cost recovery and payments made by defendants but determining how the industry shares its costs is a much harder nut to crack.

We await the delivery of Affidavit of Documents by the Defendants.

Mr. Buttar accepted the offer put forth by the defendants, including the offer regarding costs, without reservation.

Plaintiff contends Justice J. FOLEY abandoned his role as the administrator of a fair and impartial tribunal in accepting case law introduced by the defendants counsel or injected on his own accord.

The plaintiff's evidence, as to the reactions to him by other people, is testament to the breadth of the damage caused to his reputation by the publication, by the defendants, of the article... [emphasis added]

Should a settlement offer be made by the defendants, our attorneys will help you to understand all of your options.

Though a judge might reach a reasoned conclusion not to reduce a sentence based on these factors under § 3553 (a), Rita stresses that, even when giving a guideline sentence, a judge should «explain why he has rejected those arguments» put forward by defendants for a different sentence.

Plaintiff insurance company sought a declaratory judgment that a personal excess liability policy did not cover the injuries sustained by the defendants in an auto accident where their adult son was the driver.

Stinson J. was not swayed by the defendants» reliance on the words «practising in association» on the firm letterhead, because he was not convinced that the clients understood this to mean the lawyers were not partners.

This is a very common tactic used by defendants to reduce the amount of damages they are required to pay.

Various options are proposed to tackle the issue: rehabilitation vouchers - these address the point of «phantom» attendance for rehabilitation, but may be complex to administer; all rehabilitation arranged and paid for by defendants - the MoJ notes that this would help speed up access to treatment and increase independence and transparency; no compensation payment towards rehabilitation in low value claims - the claimant would need to fund this and primary legislation would be needed to achieve this as at present there is no intention to restrict recovery of special damages; expand MedCo to include rehabilitation providers; and introducing fixed recoverable damages for rehabilitation treatment - the MoJ notes that this could be difficult and invites comment as to whether this would be achieved via a fixed cost per session or by fixing an upper value limit that can not be exceeded.

The plaintiff, Ms. Brown, had undergone several dental implantation surgeries performed by the defendants, Dr. Wahl and Dr. Casciato, from May 2009 to September 2010.

In Pena v. U-Pak Disposals Limited, Ontario Superior Court Justice Benjamin Glustein dismissed a mistrial motion brought by the defendants» lawyers concerning information in a Toronto Sun article published on the second day of trial.

Abbott and Haliburton Co. Ltd. et al. v. WBLI Chartered Accountants 2015 SCC 23 Evidence — Practice Summary: The plaintiffs sued for negligent misrepresentation alleging that the audited financial statements of AWARD Wholesale and Retail Distributors Ltd. were prepared negligently by the defendants, contained incorrect and misleading information, were not performed in accordance with General Assurance and Auditing Standards, and contained material deviations from Generally Accepted Accounting Principles.

The trial, which is set to begin on Nov. 17, centres around whether or not the plaintiffs, a pair of lawyers who practised together but were not partners, are owed legal fees by the defendants, their former clients.

At the Workplace Prof Blog, Charles Sullivan writes that he can't recall a single case where his clients, who were suing a present or former employer, were not promptly labeled «disgruntled employees» by the defendants.

Liability for the rail crash meanwhile was admitted by the defendants, who also accepted that the PTSD had been caused by their negligence.

[The researchers] estimate that for New York City, their algorithm's advice could cut crime by defendants awaiting trial by as much as 25 percent without changing the numbers of people waiting in jail.

The judge found that, first, there was foreseeability of damage and that, second, there existed a sufficient degree of proximity between McKie and the college, despite the number of years that had gone by: «It is undoubtedly true that six years had elapsed, effectively, since the claimant had been employed by the defendants.

Alternatively, it could be used to reduce the jail population awaiting trial by more than 40 percent, while leaving the crime rate by defendants unchanged.

I think the lack of compassion by the defendants in my cases can really wear on me.

The first witness gave evidence in chief and was cross-examined by the defendants.

As Wilson notes, the claim does not substantiate where promises of exposure were made by the Defendants.

The claim by the defendants to Adams» own claim in a separate action for the consent order to be set aside on duty, estoppel, mistake and unconscionable conduct was dismissed.

A claim of privilege can still be asserted by the defendants if and when the plaintiff seeks to introduce the minutes into evidence and it will be for the trial judge to determine whether any kind of privilege does indeed attach.

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.

First, I'm assuming the issue was preserved by the Defendants in the district court.

The Court agreed that because the contracts signed by the Defendants were emailed back to Ontario, acceptance was received in Ontario.

The plaintiff has failed to comply with court orders on several occasions, has failed to produce relevant documentation upon numerous and repeated requests by the defendants, has failed to participate in examinations for discovery in good faith, and has failed to attend court appearances, such as the recent trial management conference.

The Supreme Court of Canada in Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8, recently summarized the elements of the tort of civil fraud as follows: (1) a false representation made by the defendants; (2) some level of knowledge of the falsehood of the... Read More

In this regard, I have also considered the time spent by Defendants» counsel on this matter, and the award of costs is less than 50 % of the time spent.

Our client had become involved in a fight on the grounds of his complex when the resident manager, employed by the defendants, came in to break up the fight.

That cost is borne by taxpayers, council tax payers, insurance premium payers and by those defendants who have the misfortune to be neither insured nor a large and well resourced organisation.».

He found that the claims against the UK subsidiaries were properly constituted, and that the attempts by the Defendants to obtain summary judgment were misguided.

The same arguments advanced by the Defendants on these applications could be advanced in every country in the world.

One of the criticisms made by the Defendants was that the Court would be determining royalties on patents which may be found to be invalid by non-UK Courts.

Doty is the director of the Smell and Taste Center at the University of Pennsylvania School of Medicine, and he was retained by the defendants as a smell expert.

This had been installed many years previously, not by the defendants but by the National Health Service.

In an order filed 13 February, US District Judge Consuelo Marshall in Los Angeles granted a motion brought by defendants Tate & Lyle and Ingredion to have Squire Patton Boggs removed from representing the Sugar Association, because of legacy Patton Boggs» longstanding relationship with both companies.

If there is no legally recognized duty of care to the family owed by the defendants, there is no legal justification for a protracted and expensive trial.

His house, worth an eight - figure sum, was adjacent to a property owned by the defendants.

The National Petrochemical Plaintiffs explain that there is no dispute that application of the «two factors» identified by Defendants results in the following: (1) California's HCICO is assigned a CI [carbon intensity] value with less than half of the GHG emissions associated with its production and transport; (2) California's HCICO is the only HCICO to qualify for this favorable treatment; and (3) All HCICOs from outside of California are required to account for all of the GHG emissions associated with their production and transportation.

Kelsey is harmed by Defendants» actions and inactions regarding carbon pollution and the resulting climate destabilization and ocean acidification....