Sentences with phrase «claim against the plaintiff»

The defendant's response must include what portions of the complaint, if any, the defendant admits to, what specifically the defendant contests, what defenses the defendant may have to any of the allegations made in the complaint, and whether the defendant has claims against the plaintiff or any other party.

We believed her claim was worth more than said amount, so we pursued an underinsured motorist claim against the plaintiff's own insurance carrier.

In the first case, the Court of Appeal set aside a motions judge's decision that a claim against the plaintiff's ex-solicitor was statute - barred (2016 ONCA 223, allowing appeal from 2015 ONSC 1162).

Not exact matches

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

AMD also had several lawsuits lodged against it after its initial statements on the Spectre / Meltdown vulnerabilities, which the Plaintiffs claim were misleading, so the company is obviously (and wisely) exercising some caution.

The allegations by Kent and the others center on what the plaintiffs claim was an unfair attack on them by Spence and his allies regarding charges that a Rockland County council leader, Stephanie Lee, had misused a PEF bank card, making numerous personal purchases, which led to a court judgment of $ 64,104.88 against her.

«However, at this stage of the litigation, accepting plaintiffs» allegations as true, plaintiffs have, albeit barely, stated a plausible equal protection claim against defendant Antonacci.»

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

YOU AND HBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The parties agree that either party may bring claims against the other only in his / her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

«Hereby stipulate that the claims within this adversary proceeding against ECMC may and shall be dismissed without prejudice, pursuant to Bankruptcy Rule 7041, to permit Plaintiff to enter into a repayment program with the Department of Education.»

Plaintiff's claims against DOE are hereby dismissed, with prejudice, and without costs or attorney's fees to Plaintiff or the DOE;

«These unsubstantiated allegations stem from a single lawsuit filed against us by a single plaintiff who claims that levels of lead were found in three of our products that could be dangerous to pet health.

«The Infinity Ward Employee Group», 38 plaintiffs either current or former employees at the developer, filed a claim in the Los Angeles Superior Court against Activision.

In April 2013, two plaintiffs attempted to bring a class action lawsuit against Sega and Gearbox, which they claim used «bait and switch» tactics with the game's marketing.

Plaintiffs allege that ExxonMobil hired these troops knowing they would likely engage in massive human rights violations against the local population, and that all of the claims date from 2001, well after ExxonMobil had specific knowledge of massive human rights violations and could have changed their practices.

Franchisee claims licence was rejected because he is the lead plaintiff in a class action lawsuit against the company, and a member of a dissident franchisee group

In what may be an unprecedented move, 23 Texans who host wind turbines on their property have filed suit against two different wind farm developers, claiming that companies «carelessly and negligently failed to adequately disclose the true nature and effects that the wind turbines would have on the community, including the plaintiffs» homes.»

AU further anticipates that plaintiffs who have experienced an unwanted pregnancy may bring claims against Qualitest for «wrongful pregnancy,» although such plaintiffs may face issues of comparative negligence for failing to notice that the placebo pills are a different color than the hormone - producing pills.

According to a New Jersey Law Journal article on lawsuits against L'Oreal over the marketing of its anti-wrinkle creams — now consolidated in federal court in Newark, N.J. — the plaintiffs» claims include allegations «that Lancome ads use airbrushed or «Photoshopped» images of celebrities and models, which do not reflect the true effectiveness of its products,» and the complaint includes a comparison of a Lancome ad featuring actress Kate Winslet and a photo of Winslet from People magazine.

[61] As I see it, the plaintiff's claim against the manufacturer should be dealt with in accordance with the following rationale.

He falsely represented that the tenant had filed a claim for personal injury against the plaintiffs and then took $ 130,000 from the plaintiffs to settle the non-existent claim.

My summary of the case is: A trial judge — he wasn't named in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim against the defendant bank and a solicitor for breach of fiduciary duty and negligence.

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.

In this case, the plaintiff brought a lawsuit against a physician and pharmacy, claiming that they overprescribed medication.

The plaintiff filed a personal injury lawsuit against the school, claiming that it was negligent in allowing the students to play floor hockey and in using the wrong equipment.

The plaintiff had filed a survival and wrongful death lawsuit against a hospital, claiming it was negligent and grossly negligent in treating the plaintiff in 2014.

The Plaintiff claims as against the Defendant, Cassels Brock & Blackwell LLP («Cassels Brock»), for conspiracy, defamation, breach of fiduciary duty, breach of duty of good faith, breach of confidence, and negligence...

As a result of his fall, the plaintiff sustained serious injuries and filed a personal injury claim against the ski resort.

What happened here is that plaintiffs won a total of $ 588,000 on intentional and negligent misrepresentation claims and then also obtained fee awards of about $ 270,000 against a couple of the tortfeasors.

Approximately two years following the accident, the plaintiff filed a claim against the driver of the truck that rear - ended them — in addition to several parties associated with that driver.

They will have their own legal representatives fighting back against the claims of the Louisville accident lawyer the plaintiff works with.

If a plaintiff is contemplating purchasing first pay insurance it is important that they reach an understanding with their lawyer as to whether or not the unpaid disbursements will be a first claim against the policy limits in the event of an adverse cost award.

A defendant is entitled to expect that a claim of liability brought against it will be decided by the same rules of evidence and substantive law whether the plaintiff is represented by counsel or self - represented.»

Founding partner Henry Fenton successfully defended a psychoanalyst against claims made by a plaintiff alleging the psychoanalyst violated the California...

For better or for worse, our system is set up as an adversarial one where persons claiming damages for harm suffered (called «plaintiffs») assert these claims against the persons who caused the harm (called «defendants»).

In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuit.

The plaintiff filed a premises liability lawsuit against the realtor, claiming that the realtor was negligent in the maintenance of the diving board.

In Bristol - Myers Squibb Co. v. Superior Court of California, No. 16 - 466 (June 19, 2017), the U.S. Supreme Court held that a state court does not generally have specific personal jurisdiction to entertain class - action claims by non-resident plaintiffs against a company headquartered outside of the forum state (here Bristol - Myers Squibb was not based in California).

In 2010, the plaintiff filed a claim against the city for «personal injuries, including left hip pain, right leg pain, lower back pain and herniation of her lumbar discs at L4 - 5.»

The most common reasons include: The amount of damages that the plaintiff will recover are not enough to justify the cost of pursuing the claim, especially if litigation is necessary; whether or not the healthcare professional breached the standard of care owed to the plaintiff is questionable, and there are strong defenses to this allegation; or / and causation is unclear, and the defense has a strong argument against a plaintiff's claim of causation.

The plaintiff asserted numerous claims against GEICO.

Obtained judgment for plaintiff on Texas Deceptive Trade Practices Act claims against HVAC company for misrepresentations concerning company's goods and services

«Without congressional action, plaintiffs» lawyers will continue to file «double dip» claims against the trusts and in the courts.»

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

Bill of Costs Bill of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice of change of solicitor Form 146A1 Affidavit of service Form 146A2 Affidavit of service — Personal Service Form 146B Solicitor's Certificate of Service Form 149 Tender of Payment into Court Form 171A Statement of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Wiclaim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert WiClaim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert WiClaim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Witness

Instead, they were only sued under the PAGA claim, and here is the kicker — plaintiffs never sought fee entitlement in the notice of motion and motion under the PAGA fee - shifting provision much less attempted to segregate fee recovery against individual defendants solely against the PAGA claim.

Initially, the plaintiff filed a claim against the driver who struck her friend's car.

Plaintiff claims to have suffered injuries in said accident and seeks to recover a judgment against Defendant for the same.

Mr. McShane successfully defended International Paper Company against over $ 200 million in claims asserted by a plaintiff who claimed International Paper had breached an obligation to provide financial and technical support to a joint venture for the development and marketing of children's clothing products.