Sentences with phrase «cases than defendants»

The report indicated that claimants more often won cases than defendants, 25 percent compared to 7 percent.

He / she will be able to spend more time on the case than the defendant who has chosen to fight for himself.

Not exact matches

Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.

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.

On April 12, 2018, in a telephone conference to discuss the letter he submitted the day before, defendant Patrick McDonnell requested that the court extend the deadline for answering the CFTC's complaint so that he may confer with the Federal Pro Bono Clinic, rather than simply letting the case go into default.

The courtroom was cleared for arraignments in a criminal drug and weapons case that featured a different Martin Shkreli — a Bedford, N.Y. man more than 20 years older than the 34 - year - old Pharma Bro — as one of the defendants.

Although the parmesan cheese cases were recently dismissed, the defendant companies were involved in contentious litigation for more than a year before the trial - level court dismissed the action.

Small claims court cases are much cheaper than superior court cases for both the plaintiff (the person doing the suing) and the defendant (the person being sued) because the parties are not allowed to have any attorneys represent them and other rules that simplify the lawsuit process, making the whole thing much cheaper, faster, and easier.

Bharara wants Silver, 72, to forfeit the $ 5.2 million he pocketed in the scheme and cough up «a substantial fine of at least $ 1 million is appropriate in this case, particularly in light of the defendant's significant remaining resources and his more than $ 70,000 - per - year pension, paid for by New York State taxpayers.»

«Given the serious nature of the allegations made last week, the campaign contributions given by the defendants will be set aside in a separate account to be made available for any forfeiture recoveries pursued by law enforcement upon case disposition, rather than returning the funds to the defendants,» said Basil Smikle, the executive director of the state Democratic Committee in an email statement.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

A little more than three months ago the defendant in question was a Democrat, Shelly Silver, accused of taking bribes and kickbacks of $ 4 million, some of the money being listed as «referral fees» for steering asbestos cases and real - estate developers to Silver - connected law firms.

«Given the serious nature of the allegations made last week, the campaign contributions given by the defendants will be set aside in a separate account to be made available for any forfeiture recoveries pursued by law enforcement upon case disposition, rather than returning the funds to the defendants,» Smikle said in the statement.

An expert on Freedom of Information Law is saying the City of Buffalo has more to gain in complying with a Freedom of Information Law request than a defendant has to lose in a federal civil rights case.

I said that the MET research is more consistent with the defendants» case than the plaintiffs».

Cote described how Apple struck agreements with each of the five publisher defendants — who settled the case before trial — in order to push e-book rates higher than Amazon's.

In this case, because of the Defendants» collusion, consumers paid millions more than they would otherwise have had to pay for ebooks.

In the Philadelphia area alone, more than 200 borrowers became defendants in federal cases.

To the extent that the Amgen defendants were arguing that the Supreme Court decision established new standards of liability to be considered, the 9th Circuit noted that it had already considered in its previous case that fiduciaries are not required to perform an act that would do more harm than good to retirement plan participants.

At the end of the day by his own admission, Mann is a «public figure» and the bar is set far too high with regards to comments about him for this case to end in anything other than a judgment for the defendant.

«This case is very simple: Defendants convince consumers to buy their «FIJI» brand of bottled water — and to pay more for FIJI than for competing brands — by advertising and labeling FIJI as «The World's Only CARBON NEGATIVE bottled water».

Returning her attention again to the specific rhetoric in defendants» brief, the judge offered a reminder to counsel that «I've been around awhile both in practice and on the bench, so I suspect I've seen a few more cases than you, and really, it's not all that staggering and it's not all that great a magnitude, so when your experience and mine differ, it just takes all of the punch out of those comments.»

Also, the court noted that the nuisance was ongoing, so the People did not unreasonably delay in bringing the action and there was no prejudice to the defendants: a greater prejudice, resulting from lost evidence, resulted to the People than the Defendants in defendants: a greater prejudice, resulting from lost evidence, resulted to the People than the Defendants in Defendants in this case.

«If the case goes bad, rather than risking that information coming to light, the government can often, in effect, bribe defendants through advantageous plea deals,» Natapoff says.

in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, during final instructions, a jury charge on the cross-race effect, instructing (1) that the jury should consider whether there is a difference in race between the defendant and the witness who identified the defendant, and (2) that, if so, the jury should consider (a) that some people have greater difficulty in accurately identifying members of different race than in accurately identifying members of their own race and (b) whether the difference in race affected the accuracy of the witness's identification.

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.

When I was a public defender lawyer in the early 1990's, I heard that more indigent defendants were willing to pay a private lawyer to defend for drunk driving cases than for plenty of other types of cases, in order...

The group, which also includes professionals in the firm's Washington, Chicago and Phoenix offices, has handled litigation in more than 30 states in cases ranging from putative nationwide class actions and mass actions for personal injury and property damage to complex environmental investigation and / or remediation issues and matters involving multiple defendants and hundreds of products.

It is unlikely the defendant would invest capital in that line of defence for this case, but it is reasonable to say the plaintiff's burden on causation would be somewhat heavier than in a case where the force of the accident is not really in issue, which weigh in favour of a trial in this court.

With more than 30 years of experience representing defendants in civil litigation cases, DeAno brings a lot to the table.

The defendant in this case apparently had a better understanding of his Constitutional rights than the judge did.

Making representations to the DPP to discontinue on evidential grounds is a potentially advantageous route for the defendant, and will usually prove more effective than applying to the Court to dismiss the case.

However, in this case the defense team was betting on the 50 % rule, which works like this: if the defense team could convince the jury that the plaintiff (my client, the injured motorcyclist) is more than 50 % at fault for the crash, the defendant (the negligent minivan driver) would not have to pay for non-economic damages, which include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and other long - term problems as a result of the crash.

If there is more than one defendant in a case, each defendant and his attorney has the opportunity to present a case, and each must «rest» when it is finished.

In a non-PAP case, before proceedings the claimant should send a letter before claim and the defendant give a full written response within a reasonable period (for example, 14 days for a straightforward matter, 30 days if complex or third party involvement of say an insurer with longer than 90 days only being reasonable in exceptional circumstances).

The study also showed that, during a 16 - year span from 1988 to 2004, less than 9 percent of the 2,042 cases lost at trial and appealed to the U.S. Court of Appeals were reversed for plaintiffs in employment discrimination cases, compared with a 41 percent reversal rate for defendants who lost at trial.

FWIW, this is much more generous than under U.S. law in which no compensation of any kind is payable to an acquitted criminal defendant in the vast majority of cases either by the government or by an accuser.

Since the prosecutor did not present any evidence other than the defendant's constitutionally - protected speech in his case - in - chief for hindering a police officer, the conviction could not stand...»

In pre — CMCHA 2007 cases defendant companies, who have decided to disclose details of their financial resources, have focussed on the company's profits rather than turnover.

In criminal cases, many defendants rarely make any statements other than those required as part of an appearance or plea.

Put simply, these trial courts are faced with lengthy dockets with the pressure of trying to complete them in a sitting, often litigated by unrepresented defendants with little experience or knowledge of the substantive and procedural law, some quite upset about the perceived injustice in their case, in a crowded courtroom with perhaps less than ideal staffing or facilities.

And indeed, because firms often use pro bono as training, Skadden may have double - or triple - staffed the case where fewer attorneys might have been necessary (in fact, defendants challenged Skadden's bill for three attorneys at trial, rather than just two, the same number that the defense had).

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.

In a personal injury case in Colorado, the burden of proof that a plaintiff carries to prove causation is proof by preponderance of the evidence, which essentially means that the plaintiff must prove that it is more likely than not that their injuries were caused by the actions of the defendant.

2 Case law supports a special instruction that jurors must not apply a different standard of proof to lawyer defendants than other defendants.

The burden for proving that a defendant's negligence was the legal cause of a plaintiff's injuries is lower, however, than it is in a standard personal injury case.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

Therefore, defendants and their insurers often feel pressure to provide an appropriate settlement for a case rather than taking it to trial.

Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash.

Meanwhile, the defendant will also know its exact liability rather than rolling the dice with the jury, will avoid further attorney fees, and can put this case behind it for good..