Sentences with phrase «claim at trial»

In a Memorandum of Judgment (2013 ABCA 417, written by Berger, Slatter and Veldhuis, JJA), the Court decided that punitive damages are indeed possible under the FAA and that in this case, on the facts pled, the plaintiff was duly entitled to pursue his claim at trial.

Typically, the insured, while knowing that he will not be held personally responsible, agrees to either settle the claim or to not legally oppose the tort victim's prosecution of the claim at trial.

That said, I would venture that trial fairness should operate as the guiding principle in this area, so if the plaintiff has decided that expert evidence from one specialty based on an examination of the plaintiff is relevant to the adjudication of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based on an assessment of the plaintiff.

When presenting a claim at trial dealing with future loss it is vital to have appropriate expert evidence to justify sought damages.

The court refused to consider the plaintiff's claim at trial for punitive damages under the guise of the claim for special costs.

Those hypothetical facts included core claims at the trial — whether Venditto lied to town attorneys, whether he accepted bribes, whether he knew if the town backing loans for Singh violated the state constitution.

The defense's request, which was previously denied by the trial court, was made to allow the defense to present the most credible responses to the plaintiff's claims at trial.

It awarded Davis Malm's clients over $ 220,000 in attorneys fees and costs incurred in defending themselves against the minority shareholders claims at trial.

Russell had claimed at trial that his right to instruct counsel without delay was violated such that the evidence of refusal to comply should be excluded from evidence.

We have a proven track record for robustly defending unmeritorious claims at trial.

In addition to helping to defeat future attempts at class certification, the opinion is expected to be significant in supporting (or defeating) dispositive motions or claims at trial that fail to take causation seriously in evaluating liability.

He has handled a variety of major commercial cases in courts and before arbitrators throughout the country, defending and prosecuting RICO, securities fraud and common law fraud claims at trial and on appeal.

Obtained summary judgment on all claims at trial court level.

Not exact matches

In recent years, more than 50 women — recall that striking New York Magazine cover — have made remarkably similar claims against the 80 - year - old, but only Constand's were adjudicated at the criminal trial.

«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.

Ulbricht may have been able to obtain a lighter sentence had he pled guilty, but he instead went with a far - fetched defense strategy at trial that claimed that he had started the site, but that someone else was the real Dread Pirate Roberts.

«At no time has the ESOP community ever claimed that an employee - owned company was immune to economic trials and tribulations, or the risks of ownership in a free enterprise economy.

Catalyst # 2: De-risking: Continual reduction in structured finance exposures, declining claim payments on second - lien RMBS Catalyst # 3: Reimbursement for claims paid: Fairholme expects MBIA to recover at least half of the gross claims paid to date in a 2012 settlement or all in a 2013 trial.

Following the review's publication, Bishop Peter Hancock, the Church of England's lead safeguarding bishop, said: «At the heart of this case was a judgment, on the balance of probabilities, as to whether, in the event that her claim for compensation reached trial, a court would have concluded that Carol was abused by Bishop Bell.

Capital punishment's lack of demonstrated superiority as a deterrent (the evidence for its effectiveness being at best mixed), the capacity of society to protect itself equally well by permanently imprisoning those who are currently being executed (which is possible at limited marginal cost, especially when one takes into account the cost of the extended trial procedures and interminable appeals and reviews which usually accompany capital punishment)-- all these points are important, but their utility is chiefly as rebuttal arguments in response to the empirically weak but emotionally strong claims made on behalf of capital punishment.

At the end of the Second World War the Nuremberg trials for those guilty of war crimes highlighted the point that it was not acceptable to justify one's actions by claiming you were following orders or laws.

By account of book of hindu Mithra ism, bible factious figure Jesus was arrested by Romans for pesictution at his last supper by information given by Judas, but as they claim, factious Jesus kissed Judas with smile and Judas smile in return, BUT JESUS TRANSFIGURED IN TO JUDAS AND JUDAS TURNED IN TO FORM OF JESUS, IF THEIR CLAIM OF TRANSFIGURATION IS TRUE, ONE ON TRIAL AND HINDU, RACIST CROSS WAS NOT FACTIOUS JESUS, THEY CLAIM BY THEIR HINDU FABRICATED BOOK BIBLE BUT JUDAS, AND THEY PRAY TO JUDAS AS THEIR GOD, AND JUDAS AS THEIR MITHRA, SAclaim, factious Jesus kissed Judas with smile and Judas smile in return, BUT JESUS TRANSFIGURED IN TO JUDAS AND JUDAS TURNED IN TO FORM OF JESUS, IF THEIR CLAIM OF TRANSFIGURATION IS TRUE, ONE ON TRIAL AND HINDU, RACIST CROSS WAS NOT FACTIOUS JESUS, THEY CLAIM BY THEIR HINDU FABRICATED BOOK BIBLE BUT JUDAS, AND THEY PRAY TO JUDAS AS THEIR GOD, AND JUDAS AS THEIR MITHRA, SACLAIM OF TRANSFIGURATION IS TRUE, ONE ON TRIAL AND HINDU, RACIST CROSS WAS NOT FACTIOUS JESUS, THEY CLAIM BY THEIR HINDU FABRICATED BOOK BIBLE BUT JUDAS, AND THEY PRAY TO JUDAS AS THEIR GOD, AND JUDAS AS THEIR MITHRA, SACLAIM BY THEIR HINDU FABRICATED BOOK BIBLE BUT JUDAS, AND THEY PRAY TO JUDAS AS THEIR GOD, AND JUDAS AS THEIR MITHRA, SAVIOR.

Mourinho was in the stands at his new home ground, and The Sun journalist Dan Wootton claims that the Special One has offered the former TOWIE personality a two - week trial with United in July.

«I am positive she has never taken anything illegal,» said Kirt Myers, who claimed that either 1) birth control pills caused a mistaken reading or 2) drinks Angel was given at the trials were spiked.

The Sun claim that the 17 - year - old recently impressed during a trial at Rangers, but suggest that the Glasgow club's hopes of signing him permanently were dealt a blow in the form of United's interest.

WOMEN Joanna Rowsell defeated Lizzie Armitstead to claim the women's title at the British Time Trial Championships in Stewarton.

Harry meanwhile, having triumphantly routed the prosecution at his trial, inexplicably failing to substitute the struggling centre back William Gallas against Chelsea at Wembley seeing Spurs slip away in the concluding games of the season, architect of those superb displays against Milan in the European Cup, he remains as a supreme wheeler dealer, much though he hates the description, immensely wiser, shrewder and more worldly wise than he ever claimed to be in court, I feel he would always be happier at club level.

Recent Spanish media reports claiming Real Madrid star Cristiano Ronaldo has been negotiating a deal to avoid prison due to his tax arrears are «just noise and smoke» rising now as the judge may be about to move the case forward to trial, a source at the Spanish tax authority has told ESPN FC.

Citing disagreements on the law that have emerged in different federal appeals courts, Silver claims that at trial, U.S. District Judge Valerie Caproni applied the wrong standards to money laundering, bribery and extortion charges.

A crooked restaurateur who claims to have bribed Mayor de Blasio boosted his own ego by showering Hizzoner with campaign cash, a defense lawyer told jurors at a Long Island corruption trial on Wednesday.

Joe Percoco, the former top aide to Gov. Andrew Cuomo who is facing trial on federal corruption charges, «threatened» at least four top state government officials who were considering getting jobs in the private sector, prosecutors claim.

But Bohrer said the claims of misconduct on outside employment «is of minimal probative value at best and yet poses a serious risk of unfair prejudice and undue delay at trial.»

At every point during the trial, Chris Uche, SAN, adroitly punctured the alibi of the defence which included the inability of the accused to meet his bail terms, a claim that was false; that he would interfere with investigations, a position the judge found curious or that, he would influence another person of interest whose whereabouts were then not known.

The US Probation Department had recommended 6 1/2 to 8 years of prison for Halloran, who tried to claim insanity as a defense at trial and is a «prince» in a pagan order that includes public floggings.

The complaint stemmed from a Yonkers corruption trial of city Councilwoman Sandy Annabi and Zehy Jereis in 2012 that featured disbarred attorney Anthony Mangone claiming Libous had made the effort for his son to be hired at his firm.

Late last year, federal prosecutors said they may introduce evidence at trial to show that Percoco «threatened at least four New York State employees... who were considering leaving their current jobs or State service entirely, by claiming that [he] would use his extensive influence... prevent them from finding future employment.»

Schneiderman shot down Greenberg's claims, saying, «As we will demonstrate at trial, Mr. Greenberg and Mr. Smith knowingly orchestrated two major frauds beginning in 2000.»

Veteran Rep. Charlie Rangel defeated five primary rivals Tuesday night to lay claim to a history - making 21st term in his Harlem seat, even amid the specter of an upcoming House ethics trial and a snubbing by a national Democratic establishment that held him at arm's length.

AbTech, the company at the center of Dean and Adam Skelos» corruption trial, claims its insurance company refuses to pay legal bills associated with federal investigations — in violation of an agreement, a new federal lawsuit alleges.

At the trial, a donor claimed Astorino received his help to buy a Rolex watch.

The alleged misconduct described in the government's letter, which also claims Percoco flouted guidance from executive chamber counsel concerning outside employment, «is of minimal probative value at best and yet poses a serious risk of unfair prejudice and undue delay at trial,» Bohrer wrote.

According to testimony at a recent Federal corruption trial in which Jay Savino was a testifying witness, Savino claimed he was employed «cleaning bathrooms and filling icetrays» at a restaurant in Rockland County.

The MP, who was due to stand trial at Southwark crown court, today changed his plea to guilty, admitting three charges of false accounting relating to claims for repairs, utility bills, council tax and house maintenance between 2005 and 2008.

«This is at least the third time that the de Blasio administration or NYPD has claimed a different month, with no specific date, of when Officer Haste's trial would start, so they have no credibility with the family or community on this,» said Colon.

The suit claims that at least one malformed baby was born to a trial participant in 1958.

«The findings provide good support for the general safety of phase I trials,» said lead author Ezekiel J. Emanuel, MD, PhD, chair of the department of Medical Ethics and Health Policy at Penn. «Some have claimed that these trials pose high risks of harm to participants.

«It will be at least a decade before such an offering could be rolled out nationally, if it were ever to become economic to operate,» claims Viewcall, estimating that it is costing BT # 6500 for every home where it is on trial.

Although the case never went to trial because of Ivins's suicide on 29 July 2008, FBI officials have claimed that the evidence against him is indisputable and that he carried out the mailings using anthrax stolen from a flask at USAMRIID.

The trials will wrap up in mid-August when the researchers will shake the unoccupied structure with forces comparable to those at the epicenter of the catastrophic 1994 Northridge earthquake in Los Angeles, which claimed dozens of lives and caused billions of dollars in damage.

But in a clinical trial reported Dec. 17 in the Journal of the American Medical Association, researchers at the Johns Hopkins University School of Medicine and Harvard Medical School found little evidence to support these claims.