Sentences with phrase «claims in court where»

Others have fought out native title claims in court where quite precise details of cultural practice and descent are required.

A 2013 ruling in Wilson v. Solis Mexican Foods Ltd sets a new precedent, paving the way for employees to pursue human rights claims in court where the financial outcome can be largely unpredictable and... Read More

A 2013 ruling in Wilson v. Solis Mexican Foods Ltd sets a new precedent, paving the way for employees to pursue human rights claims in court where the financial outcome can be largely unpredictable and inconsistent — yet rewarding.

Not exact matches

So I look forward to reading this to opposing counsel at the next deposition where I can tell them that I'm not afraid of appearing in court and I'm not intimidated into frivolous claims in search of shake - down money.

«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 - rigCourt 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 - rigcourt 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.

He said their attempts to move the case from the state court in Los Angeles where Daniels filed her claim to a federal court is because it would increase the chances that the matter will be decided in private arbitration, «thus hiding the truth from the public.»

Mr. Trump formally joined his legal team's response to Ms. Clifford's suit in a motion, filed Friday, to move the case from state court in Los Angeles, where Ms. Clifford filed her claim, to federal court.

He said their attempts to move the case from the state court in Los Angeles where Daniels filed her claim to a federal court is because that would increase the chances the matter be decided in private arbitration, «thus hiding the truth from the public.»

While predatory pricing technically remains illegal, it is extremely difficult to win predatory pricing claims because courts now require proof that the alleged predator would be able to raise prices and recoup its losses.405 Revising predatory pricing doctrine to reflect the economics of platform markets, where firms can sink money for years given unlimited investor backing, would require abandoning the recoupment requirement in cases of below - cost pricing by dominant platforms.

Long before she embarked upon the journey that is now the Corporation for Social Security Claiming Strategies, Cheryl was an avid researcher and writer as Managing Editor of the Law Review and clerk in the appellate screening division of the Rhode Island Supreme Court where she had several successes.....

Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you.

The 30 - year - old appeared in court on Friday where he admitted punching an Everton fan but claimed he acted in self - defence.

(b) To press hard to sort out all tricky consular cases where injustice looks a factor — and tell the public that those who claim that FCO success in Case A entitles them to compensation in less successful Case B will be fought tooth and nail in the courts.

In January 2012, in a speech in Strasburg, Prime Minister David Cameron set out an agenda for reforming the ECtHR which would reduce the number of admissible cases, and thus the backlog, by ensuring that the Court did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not need tIn January 2012, in a speech in Strasburg, Prime Minister David Cameron set out an agenda for reforming the ECtHR which would reduce the number of admissible cases, and thus the backlog, by ensuring that the Court did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not need tin a speech in Strasburg, Prime Minister David Cameron set out an agenda for reforming the ECtHR which would reduce the number of admissible cases, and thus the backlog, by ensuring that the Court did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not need tin Strasburg, Prime Minister David Cameron set out an agenda for reforming the ECtHR which would reduce the number of admissible cases, and thus the backlog, by ensuring that the Court did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not neeCourt did not act as a small claims court or Court of Fourth Instance and did not go over national decisions where it did not neecourt or Court of Fourth Instance and did not go over national decisions where it did not neeCourt of Fourth Instance and did not go over national decisions where it did not need to.

Claims by the Secretary of State for Wales that the current devolution settlement does not need major changes are misguided and could help to entrench an unsatisfactory system in place where the courts become the final arbiter of laws rather than the electorate, the Welsh Liberal Democrats Assembly Member, Peter Black has said.

Now, that rivalry could lead to small claims court, which is where Spence says he may be going if he isn't reimbursed for more than $ 900 in expenses, including the cost of traveling to PEF meetings and events he attended in the last year.

FACE THE MUSIC: Kerry Kennedy appears yesterday in North Castle court, where she claims a seizure caused her car crash.

«Small Claims» are filed in local courts, such as the Town or City Court where you live.

He's given this opinion in court on several occasions as an expert witness in cases where a lawyer of a defendant caught drink - driving has claimed that their client has undiagnosed auto - brewery syndrome.

In the event of a claim by Tubi against you, you agree to submit to the jurisdiction of the courts located where Tubi pursues its claim against you, which may include courts in the San Francisco County of the State of CaliforniIn the event of a claim by Tubi against you, you agree to submit to the jurisdiction of the courts located where Tubi pursues its claim against you, which may include courts in the San Francisco County of the State of Californiin the San Francisco County of the State of California.

The reaction of Frederick Hess, of the American Enterprise Institute and Education Next, is no less apocalyptic: «If courts decide that civil - rights claims can be stretched to dictate personnel management in education, it's hard to see where they would stop.»

With that out of the way, let's delve into the details of how to file bankruptcy in Ohio, what sort of exemptions you can claim so you can keep your property, and where the bankruptcy courts are located.

In California, where the lawsuits seek billions of dollars to pay for mitigation measures, such as sea walls to protect coastal property, the oil and gas companies responded by seeking to move the cases to federal courts, where nuisance claims are less likely to succeed.

Today's ruling marked the first time the Supreme Court has recognized aboriginal title to a specific piece of land, and is expected to have predominant application in resource - rich Pacific Coast province, where there are unresolved land claims.

Two years ago, Flintkote collapsed under the weight of more than 157,000 personal injury and wrongful death claims and wound up in bankruptcy court, where it remains.

«Courts continue to struggle with claims where the policyholder may not have provided notice as soon as one might have liked, and the coverage litigation typically centers on whether the dispositive argument is «no harm, no foul» — that is, policyholders will argue that coverage is not lost unless the insurer has been prejudiced in some fashion from the allegedly «late» notice.

This article appeared in the August 2017 issue of the ABA Journal with the headline «Making It Personal: Court limits where plaintiffs can bring claims in 3 rulings»

In Denton v Workers Compensation Board, the Court decided that the responsibility is on the litigant wanting to make a Charter claim to have made it where such an argument is first available — with the first decision - maker that touches their case.

These are three recent examples of cases where Ontario courts have ruled in favour of individuals who claim they had been defamed by unproven allegations of sexual assault.

[20] I accept that the narrow interpretation of the words «sufficient reason» advocated by the appellant would provide greater certainty to litigants in knowing the consequences of proceeding in Supreme Court where the matter falls within the Small Claims monetary limit.

All well and good, and I expect that when solicitors are dealing with a situation where one or other spouse is living in another country (France, the USA, the UAE...) they are well aware of the potential jurisdiction conflict and act accordingly by ensuring that they have raised proceedings in the English Courts and so claimed jurisdiction before alerting the other spouse to the imminent Court application.

Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, demonstrating that having a Plaintiff's claim dismissed for failing to discharge obligations under the BC Supreme Court Rules is a «draconian remedy «which will not lightly be granted in a personal injury action where liability is admitted.

Thus, in Gradek the Court accepted the trial judge's finding that Mr. Gradek, due to language difficulties, required the assistance of counsel and it would be unjust to require him to bring his claim in the Small Claims Court where he would be denied costs that would partially offset the expense of retaining counsel (para. 18).

In relation to trade union funding of cases the inadequacy of the Scottish regime is highlighted in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative fee agreements, in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors»In relation to trade union funding of cases the inadequacy of the Scottish regime is highlighted in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative fee agreements, in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors»in chapter 14 of the Scottish Courts Review at para 97 «it is understood that some trade unions have special arrangements that do not fit the normal model for speculative fee agreements, in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors»in that success fees are not charged where the claim is successful and neither the defenders nor the pursuer's legal costs are charged to the pursuer if he is unsuccessful, these being met either by the union itself or the solicitors».

The line between religious freedom and occupational heath and safety can be a blurry one, as evidenced in a recent Quebec Superior Court decision where three Sikh men (the employees) brought a claim against their employer who would not allow them to work without hard hats on.

In the Court's view, the decision to consolidate the claims was within the tribunal's discretion, and this decision was reached after a careful interpretation of the parties» contract.906 In another decision, a United States court held that there was no deviation from the rules of the American Arbitration Association agreed to by the parties where the tribunal had considered a belatedly submitted technical report, adding that «[a] rbitration proceedings are not constrained by formal rules of procedure or evidence.&rCourt's view, the decision to consolidate the claims was within the tribunal's discretion, and this decision was reached after a careful interpretation of the parties» contract.906 In another decision, a United States court held that there was no deviation from the rules of the American Arbitration Association agreed to by the parties where the tribunal had considered a belatedly submitted technical report, adding that «[a] rbitration proceedings are not constrained by formal rules of procedure or evidence.&rcourt held that there was no deviation from the rules of the American Arbitration Association agreed to by the parties where the tribunal had considered a belatedly submitted technical report, adding that «[a] rbitration proceedings are not constrained by formal rules of procedure or evidence.»

The BC Appeal Court in Cowper - Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful the claim brought for proprietary estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances and a reliance thereon with respect to her future intentions based on the assumption she would inherit from her mother the owner., when she might not.

«Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage».

65), and a hearing in State Superior Court where the judge rejected the plaintiff's argument that an age discrimination claim constituted a continuing violation (17 Mass..

There have also been several recent cases in California where courts have upheld personal injury claims against landlords who have allowed a tenant to have a dangerous dog on premises.

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 lawsuiIn 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 lawCourt 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 lawsuiin each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuiin a single state court lawcourt lawsuit.

Given that the Court expressed its opinion that damages for a breach of the new tort not exceed $ 20,000 in most circumstances, employers will most likely see employees adding an alleged breach of privacy in applicable wrongful dismissal claims where litigation costs are already being expended.

Small claims court in North Carolina is designed to help people settle disputes where the monetary claim for damages amounts to less than $ 5,000.

This case is worth reading for anyone advancing an ICBC claim where the issue of causation of a disc bulge is at issue to see the types of competing positions that can be advanced by the doctors at trial along with the analysis that a court can engage in to navigate the waters of expert opinions.

Indiana Federal Court Dismisses Products Liability Claim by Worker Whose Shirt Caught Fire, Allows Negligence Claim to Proceed: Hathaway v. Cintas Corporate Services, Inc., Indiana Injury Lawyer Blog, November 30, 2012 Appellate Court Overturns Worker's $ 30 Million Verdict in Claim for Chemical Exposure: Solis v. BASF Corporation, Indiana Injury Lawyer Blog, November 9, 2012 More Than Forty People in Indiana Sickened in Fungal Meningitis Outbreak; State Seeks to Revoke License of Pharmacy Where Outbreak Allegedly Originated, Indiana Injury Lawyer Blog, October 31, 2012 Photo credit: «energizing drink» by lusi on stock.xchng.

In cases where there are wills variation claims, executors are meant to be a neutral party and assist the Courts with any information regarding assets and administration of the Estate.

The Wall Street Journal - February 11, 1998 The Wall Street Journal reported on this case in which I successfully represented a shipping company, which defeated the narrow interests of insurance defense attorneys, in a lawsuit where attorneys for U.S. insurance companies were seeking to compel all foreign shipping companies to litigate claims, regarding damages to goods shipped by sea, in U.S. Courts, regardless of where the damage occurred, or the home country of the ship involved or of its owners.

However, if it is just more of an issue on principle, these cases can always be fought in small claims court where the award of damages would be a lot lower.

2014) is a situation where a Massachusetts appellate court held that trial judges have discretion to award attorney fees for work performed by in - house counsel for claims brought under the state's unfair trade practices law.

The Supreme Court has unanimously allowed an appeal, in a case that required the court to consider whether a claim to damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured driver while on holiday in GrCourt has unanimously allowed an appeal, in a case that required the court to consider whether a claim to damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured driver while on holiday in Grcourt to consider whether a claim to damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured driver while on holiday in Greece.