Sentences with phrase «damages against the plaintiff»

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.

Also argues that even if the Court agrees the evidence of payment from a government insurer should be excluded, it should allow for an offset of the phantom damages against the plaintiff's compensatory damages aware, or otherwise allow the defendant to introduce evidence of the provider's willingness to discount charges for other patients.

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.

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

c. General damages against defendant for violating the sexual right of plaintiff by sexually abusing her without her consent.

v. General damages for libel against Defendant for publishing and or causing to be published the aforesaid words of and concurring in Plaintiff.

The Court, according to counsel to the plaintiff, Inibehe Effiong, a Lagos based human rights lawyer, was to established whether Luke and his security aides had fallen foul of the law, against his client and sought damages amounting to N100million as well as additional N400million as exemplary damages.

Appeal from judgment entered by the United States District Court for the Southern District of New York (Mark D. Fox, Magistrate Judge), which held that defendant Board of Education of the Newburgh Enlarged City School District intentionally discriminated against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and awarded damages to plaintiff.

In addition to covering the costs of a lawsuit against a renter and any damages they might be ordered to pay a plaintiff, renters insurance will also cover medical expenses of others.

In order for plaintiff to recover punitive damages against the defendant [s], the plaintiff must

On appeal, the plaintiffs» requested that the judgment dismissing the action against Mr. Vicentini and Ford Credit be set aside and liability be apportioned equally between those two defendants and Mr. Hoang and requested that the amount of damages be increased.

627.730 - 627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of: (a) Significant and permanent loss of an important bodily function.

Additionally, Plaintiff brought a negligence action against the defendant for damages associated with the accident that he caused.

Plaintiff jury verdict in CT Complex Litigation Court with damages awarded against business client of $ 0.00.

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»).

Plaintiffs awarded punitive damages by a jury against their insurers should expect to face an appeal, Toronto personal injury lawyer Gary Will tells AdvocateDaily.com.

In the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying action.

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.

After precluding certain testimony by Plaintiff's damages expert in January, the court now rules against the remainder of his damages opinion of $ 150 to $ 300 million «or more.»

In this case, Judge Albert J. Cepparulo rules against the defense's motion for full access to the plaintiff's postings and pictures online as a means to determining damages.

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

Sarosh Zaiwalla, senior partner at Zaiwalla & Co, who is acting for the bank, says it will be the first time an Iranian plaintiff against sanctions in Europe has reached the stage of claiming damages, and that Western governments are starting to ease sanctions against Iran following an interim deal reached in Geneva in November.

The goal of such a defense would be not to avoid a plaintiffs» verdict, but to keep damages to a minimum and steer clear of the fate that befell Jammie Thomas - Rasset in Minnesota, when a jury assessed damages against her of $ 80,000 per song, for a total of $ 1.92 million.

U.S. District Judge Royce Lamberth awarded damages to about 80 plaintiffs in the suit against the Iranian government, Law360 reports.

If someone genuinely defames someone, and there is a meritorious claim against them, would the claim would be struck out merely because the defamatory speech related to a matter of public interest and the plaintiff (respondent on the motion) couldn't prove that there was no possible defence, or they couldn't prove the damages they suffered were sufficiently serious?

The plaintiff filed suit against defendant boat company for damages suffered while working for a maritime industry defendant.

In fact, one of the plaintiffs in Attis took such steps by commencing an action (prior to the motion underlying the appeal) in negligence against plaintiffs» counsel for damages of $ 250,000 — a factor that was considered by the Court in allowing the appeal.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

In order for a jury to award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.

1 Oct. 17, 2016)(unpublished), plaintiff brought multiple FEHA / labor claims against the defense, asking a jury to award $ 322,551 in compensatory damages.

The judge then multiplies each parties» percentage of fault against the total damages and that is the amount they must pay, or the amount the plaintiff can not recover if found to be at fault.

In California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurer.

This is the third substantial talc verdict against J&J this year ---- other huge losses have taken place, with damages awarded to plaintiffs in two separate verdicts in the amount of $ 55 million and $ 72 million.

The plaintiffs were ordered to pay the attorney's fees for the defendant's appellate attorney, who had been hired to defend against the punitive damages claim.

An award of damages; the receiving of a favorable judgment; the winning of a lawsuit; a decree of a court granting the plaintiff part or all of his claim or claims against a defendant.

Tuck v. Supreme Holdings Ltd. et al. 2014 NLTD (G) 131 Evidence — Limitation of Actions — Practice Summary: The plaintiff commenced an action against the defendants on February 28, 2012, to recover damages allegedly sustained in a motor vehicle collision that occurred... [more]

In the first federal trial over Hurricane Katrina damage, a Louisiana jury ruled against State Farm insurance company Wednesday, finding that wind, not water, destroyed the New Orleans home of plaintiffs Michael and Judy Kodrin.

[6] The plaintiff claims against the defendant under all heads of damages for his personal injuries, in the total sum of $ 739,664.

Obtained a multi-million dollar jury verdict for actual and exemplary damages on behalf of a plaintiff manufacturing company against defendants that interfered with the company's proposed lending transactions.

The plaintiff will file a claim against the defendant, for the money they feel they are owed due to medical expenses, lost time at work, pain and suffering, and any other relevant damages the defendant may have incurred.

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

Should you elect to ignore this demand or refuse or fail to pay the amount noted above, I will seek specific instructions from the Plaintiff to commence legal proceeding against you before a civil court, for all damages incurred by the Plaintiff in this regard, including those estimated above and all additional legal costs, expenses and interest incurred in respect thereof.

Kirk (Guardian ad litem of) v Kirk estate 2012 BCSC 1346 The infant plaintiffs, through their father, were the granddaughters of the deceased, and claimed general damages against their grandfather for his assaults upon them.

When filing a lawsuit against a local government seeking unliquidated damages (damages that are not predefined by law — often pain and suffering), Maryland law requires that plaintiffs notify the local government of the claim 180 days after the injury.

But the judge allowed plaintiff artists to pursue claims against Wolkoff for damaging their work.

Although the two plaintiffs in these cases may have had legitimate claims and very real injuries, they were not compensated for any damages and were not able to hold any wrongdoers accountable because they did not comply with Maryland's strict law governing lawsuits against local government entities.

Successfully tried breach of contract lawsuit filed against telecom client in New Jersey state trial court, and reduced significantly plaintiff's damages claim.

The plaintiff subsequently issued an action against the University and a number of faculty members seeking damages on the basis of breach of contract, negligence, and breach of fiduciary duty.

In Combs v. Bergen, the Plaintiff was injured in a motor vehicle collision, and brought an ICBC claim against the Defendant for damages for pain and suffering, wage loss, diminished earning capacity, and cost of future.

Unlike compensatory damages, punitive damages are imposed against a plaintiff to punish them for particularly egregious conduct and to discourage others from engaging in similar conduct.