Sentences with phrase «conduct of the defendants»

Looking at the conduct of the defendant might it not have been argued that indemnity costs were justified?

As a result, the conduct of the defendant would had to have acted recklessly, or intentionally, and have caused severe emotional distress.

Damages awards are meant to reflect the conduct of the defendant and the extent of reputational harm to the plaintiff.

(d) Was the outrageous conduct of the defendants the actual and proximate cause of the emotional distress?

Further, if the conduct of the defendant is high - handed and careless, exceeding the legitimate purpose of the occasion, the privilege may be lost even if not published maliciously: Hill, at para. 156.

Ultimately, this was a substantial and serious breach, without any real excuse and the conduct of the defendant has already «undermined the conduct of litigation».

If the conduct of the defendant was «motivated solely by unreasonable financial gain,» then the punitive damages will be capped at four times the compensatory damages or $ 2 million, whichever is greater.

The Ontario Superior Court of Justice awarded Alan Gordon («Alan») $ 100,000 in punitive damages due to the outrageous conduct of the defendant employer, Altus Group Limited («Altus»), when they fired him.

Punitive Damages — Punitive damages are available in cases in which the conduct of the defendant is established to have been particularly egregious.

Thus, where a plaintiff suffers a single injury as a result of the tortious acts of multiple defendants, the burden of proof is upon the plaintiff to demonstrate that the conduct of each defendant was a substantial factor in the harm.

Other «reasonable conditions... desirable to secure the good conduct of the defendant» can be added to the recognizance, and under subsection (3.2), the justice or summary conviction court «shall consider whether it is desirable, in the interests of the safety» of the defendant's spouse, common - law partner or child, to add to the recognizance either or both of these conditions:

damage, therefore, is to be contrasted with the element necessary to complete the cause of action; it includes all the detriment, physical, financial and social which the plaintiff suffers as a result of the tortious conduct of the defendant» (p 482).

They're only recoverable under certain circumstances, where the conduct of the defendant who caused the death was particularly egregious.

Knowing that the firm will take such cases to trial is often the most effective way to obtain fair compensation and to insure that the wrongful conduct of the defendant does not continue.

[39] The conduct of the Defendant corporation is outrageous because Altus got mean and cheap in trying to get rid of an employee as they approached arbitration for the determination of any adjustment in the asset purchase agreement price.

In such actions against a professional, the plaintiff must file an affidavit of an expert witness which specifies at least one negligent act or omission and the factual bases for each claim, unless the basis of the claim does not require specialized knowledge or experience to evaluate the conduct of the defendant.

But in his opinion the conduct of the Defendant in this case also warranted full - indemnity costs as well because,

Further, it is appropriate for a jury to consider the conduct of the defendant at the time of the publication of the libel.

I therefore find that there is a substantial connection between the tortious conduct of the defendants and the damages and injuries from which Ms. Kim suffers.

In the case at hand, the conduct of the defendants was outrageous, premeditated, and deliberate.

It is at least arguable that such an action may be grounded in the wrongful conduct of the defendants without any need to prove all the elements of an actionable tort.

Justice Charbonneau writes a concise summary of the case issues and their severity, provides some insight into the conduct of the defendant and his supporters in court, and serves as a good tutorial on the guiding principles on costs, the nature of submissions vs. pleadings, and the principle of indemnity in Ontario civil proceedings.

[164] I conclude that whether the alleged wrongful conduct of the defendants in this case engages the doctrine of waiver of tort, whether the defendants are liable to account to any of the class members, and what restitution, if any, is payable by the defendants to the class members, are appropriate common issues.

Although the conduct of the defendant is relevant, the quantum of the aggravated damages should reflect the plaintiff's non-pecuniary loss.

In the instant case, the conduct of the defendants occurred in 1995.

The appellants further submitted that it was incorrect to ask the jury to determine whether the conduct of each defendant was necessary to bring about the plaintiff's injuries.

As such, the maximum statutory damage amount is necessitated to deter the future conduct of Defendant Allen and others.»

Not exact matches

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) BRF employees paid bribes to regulators and politicians to subvert inspections in order to conceal unsanitary practices at the Company's meatpacking plants; (ii) the foregoing conduct, when it came to light, would foreseeably subject the Company and its officers to heightened regulatory enforcement and / or prosecution; and (iii) as a result of the foregoing, BRF's public statements were materially false and misleading at all relevant times.

Xapo itself is not named, but LifeLock is asking the court to force Casares, et al to disgorge «the value of the Xapo product attributable to Defendants» misrepresentations, omissions, breaches of duty, and other wrongful conduct.»

Although he has ruled in several cases in favor of police accused of conducting illegal searches, he is best known for his opinions siding with defendants.

Gorsuch's commitments to interpreting the law as «the words on the paper say» and not over-criminalizing innocent conduct were on full display in a 2015 decision in which he used «plain old grade school grammar» to determine the legal penalties imposed on defendants accused of using a firearm «during and in relation to any crime of violence of drug trafficking crime.»

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company conspired with other dental supply companies to violate federal antitrust laws; (ii) discovery of the foregoing conduct would subject the Company to heightened regulatory scrutiny and potential criminal sanctions; and (iii) that as a result of the foregoing, Henry Schein's public statements were materially false and misleading at all relevant times.

«There is enough grey in grey marketing law and the lack of federal government enforcement of labelling and packaging laws to prevent the characterization of the defendants» conduct as sufficiently egregious to attract further condemnation from the court,» Myers wrote.

Claim: The defendants accuse Bhakta of smoking marijuana on company premises while conducting business.

I share the view expressed by objective and reasonable members of the public that because the government was the 1st defendant / respondent against whom the Supreme Court made declarations of unconstitutional conduct in paying the judgment debt to Alfred Agbesi Woyome, the government has been pretending for purely political reasons at each turn to take steps to enforce the judgment and orders of the court only to deliberately abort them.

Plaintiff says that as at the 1st day of September, 2016, she had completed in electing a Presidential candidate with a vice presidential candidate and also prepared 275 parliamentary candidates ready to sponsor them to the public office of the Presidency and Parliament of the Republic of Ghana through the 2016 Ghanaian Presidential and Parliamentary Elections being conducted by the 1st Defendant.

1st Defendant is the Ghanaian constitutional body mandated under Article 45 of the 1992 Constitution of the Republic of Ghana and the section 2 of the Electoral Commission Act, 1993 (Act 451) with the mandate of conducting all public elections including Presidential and Parliamentary elections inter alia.

The defendant, from in or around March 2008 to in or around October 2013, in the County of Monroe, acting in concert with others known and unknown to the Grand Jury, knowingly and intentionally entered into and engaged in and continued to engage in a contract, agreement, arrangement, and combination in unreasonable restraint of combination and the free exercise of activity in the conduct of business, trade, and commerce, specifically, to restrain competition in the bidding process of Monroe County for the Public Safety Contract, by means of bid rigging.

An order directed at the Defendants to desist from collecting the said deposit or fees for the conduct of the 2016 Presidential and Parliamentary Elections until the appropriate statutory instruments have been passed in accordance with appropriate legal regime.

The defendant was arrested by the Rockland County Special Investigations Unit following a probe conducted jointly with the Rockland County Department of Social Services.

A declaration that the conduct of the 1st Defendant acting through its Chief Executive Officer and Acting Editor of the Crusading Guide newspaper, Anas Aremeyaw Anas, in releasing the contents of the petition, through publications in the Crusading Guide newspaper, his personal facebook page, public screening of the audio — visual recordings in support of the petition at the Accra International Conference Centre on the 22nd September, 2015, containing the evidence in support of the petition, is in violation of Article 146 (8) of the 1992 Constitution and therefore unconstitutional...»

«Both the complaint and the indictment are wholly silent with respect to any specific acts, overt acts, facts, criminal conduct or non-criminal conduct by the Buffalo defendants having occurred in the Southern District of New York,» one of the court filings state.

They prayed the court for «an order nullifying the conduct of the congresses of the Ogun State chapter of the 1st defendant (PDP) held on October 27, 2017, October 28, 2017, and November 4, 2017, electing and or constituting another Executive Committee of the 1st defendant in Ogun State when the tenure of the plaintiffs have not expired.

«Contrary to the defendant's argument that his crime was victimless,» the U.S. attorney's office added, «the people of the State of New York are victims whenever, as here, an elected official abuses the trust the public placed in him by accepting secret payoffs from lobbyists and by covering up his conduct.»

The arrest of the defendant resulted from an investigation conducted by the Rockland County District Attorney's Office Special Investigations Unit.

«An order nullifying the conduct of the convention of the 1st defendant at the Eagle Square, Abuja, on December 9, 2017, as it relates to the office of the Deputy National Chairman (South) of the 1st defendant.»

By article 46, the first defendant is endowed with independence in the performance of its functions including the initiation, regulation and conduct of elections in the country... In our opinion and as part of our function to declare what the law is, the above words which are unambiguous insulate the Electoral Commission from any external direction and or control in the performance of the functions conferred on it under article 45... A fair consideration of the functions of the first defendant reveals that the demand which was made on it by the plaintiffs regarding the presence of ineligible and deceased persons and the latter's refusal to acquiesce in the said demands which provoked the action herein relates to its mandate under article 45 (a) «to compile the register of voters and revise it at such periods as may be determined by law».

«An order directed at the defendants to desist from collecting and or receiving the said deposit or fees for the conduct of the 2016 presidential and parliamentary elections until the appropriate statutory instruments have been passed in accordance with appropriate legal rights.»

Bharara, she wrote, «while castigating politicians in Albany for playing fast and loose with the ethical rules that govern their conduct, strayed so close to the edge of the rules governing his own conduct that Defendant Sheldon Silver has a non-frivolous argument that he fell over the edge to the Defendant's prejudice.»

«Today we have unsealed a nine - count indictment that outlines a pattern of self - dealing and corruption that spans decades and covers several events, including the defendant's failed bid to become the Brooklyn District Attorney,» U.S. Attorney for the Eastern District of New York Loretta Lynch said during a press conference announcing the charges, where she described Mr. Sampson's alleged conduct as «one of the most extreme examples of political hubris that we have yet seen.»