Sentences with phrase «decision against the plaintiff»

For example, in Parents Against Testing Before Teaching v. Orleans Parish School Board (2001), the Fifth Circuit Court of Appeals summarily affirmed a decision against the plaintiff parents.

Not exact matches

In a July 3 decision, the judge described the lawsuit as a Strategic Lawsuit Against Public Participation — or SLAPP suit — noting that the plaintiff did not offer enough evidence that the statements were said in a fraudulent manner.

The plaintiff also sought an order of mandamus compelling President Muhammadu Buhari to immediately sack both ministers in public interest and public morality based on the allegations of attempts to influence court decisions recently levelled against them by two Justices of the Supreme Court.

Kealoha Pisciotta, a Hawaiian cultural practitioner and a plaintiff in the case against the TMT permit, said she believed the board had rubber - stamped the permit, and the decision seemed like a foregone conclusion.

In a decision that stunned many observers, Judge Harry Hammer of the state superior court in Hartford sided squarely against the plaintiffs challenging the racial isolation of students in that city and its suburbs.

«NRA appeals judge's decision against pseudonyms in Parkland lawsuit» via Jim Rosica of Florida Politics — The National Rifle Association is appealing a federal judge's ruling against shielding a plaintiff's name in its litigation against the state's new school safety and mental health law.

Most important to the plaintiffs is their built - in protection against having settlement funds dissipate too quickly based on bad financial decisions.

In May federal judge Laura Taylor Swain, in deciding against the Warhol Foundation's motion to dismiss Simon - Whelan's case, gave the plaintiffs the all - important right of «discovery» so that the authentication board's long - suppressed methods of reaching its decisions can now be brought to light.

In the last two months, February and March 2018, multiple climate change accountability lawsuits moved forward: the New York Attorney General's argument against Exxon was bolstered by the Second Circuit Citizen's United decision, the Federal Government's writ of mandamus was rejected in favor of the children plaintiffs in the Juliana case, and in The People...

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaintiff.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

In another decision (2014 ONCA 608, dismissing appeal from 2014 ONSC 1300), the Court of Appeal agreed that the plaintiff's action against a criminal lawyer should be struck out as an abuse of process.

The plaintiff launched an appeal of the decision seeking to overturn the dismissal as against the driver and owner.

The plaintiff was appealing a Superior Court decision that declined leave in a proposed action against the National Bank of Canada.

Michael Cernovich just blogged a decision by the 8th U.S. Circuit Court of Appeals upholding (part of) a district court's decision in Carhart v. Gonzales, in which the plaintiffs sought an injunction against the enforcement of the so - called Partial - Birth Abortion Act of 2003.

In a split decision, the Kentucky Supreme Court has allowed a medical malpractice lawsuit to proceed against the defendant, a surgeon, who was alleged to have chosen not to inform a patient, the plaintiff, of a risk associated with a device implantation procedure.

In the Judicial Review decision, the Court made a number of strong findings against the Faculty, including that it had acted in a biased and «grossly unfair» manner toward the plaintiff.

In another decision involving a claim against criminal counsel, Stevenson J. held that the plaintiff's malpractice action against his former criminal defence counsel was an abuse of process.

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).

Two recent decisions suggest that Canadian courts are ever more inclined to assume jurisdiction over civil claims brought by foreign plaintiffs against Canadian multinationals operating abroad.

Sometimes, plaintiffs - side tort litigator Max Kennerly takes readers on fun trips through high - profile civil cases — the Trump University case and Hulk Hogan's lawsuit against Gawker, for instance — writing about the actual law involved or bad decisions made by participating lawyers.

This decision cuts against plaintiffs» attempts to make premises owners the effective «insurers» for on - premises work, the nature of which subcontractors may be more or equally aware.

In a case decided in February 2016, Wolinsky v. Assiniboine Credit Union, Stuart Blake and Andrew Loewen convinced the Manitoba Court of Appeal to overturn a decision granting the plaintiffs leave to commence an action against the defendant which was otherwise commenced out of time, on the basis that the lower court committed several errors.

Series of decisions regarding expropriation of property by defendant, a.k.a. TransLink including, for example, 2010 BCCA 284 which confirmed a plaintiff can allege and seek damages for bad faith or of excessive expropriation against an expropriating authority

Chalfin v Jerkins Michigan Court of Appeals Docket No 274168 (March 25, 2008)(affirming decision by trial court to award sanctions against plaintiff's counsel and in favor of client under MCR 2.114 and MCL 600.2591)

The reason was the California Supreme Court's decision in Williams v. Chino Valley Independent Fire Dist., 61 Cal.4 th 97 (2015), which mandated a different analysis on FEHA costs recovery against a losing plaintiff.

The first trial decision was appealed on the grounds that the trial judge showed a reasonable apprehension of bias against the plaintiffs, and as a result, a second trial was ordered.

The court below, the Circuit Court of the United States for Missouri, in which this suit was afterwards brought, followed the decision of the State court, and rendered a like judgment against the plaintiff.

In the first appellate decision interpreting and applying Pennsylvania Rule of Civil Procedure 1006 (a. 1), Pennsylvania's tort reform measure involving venue, the Pennsylvania Superior Court affirmed the ruling of the trial court and held that the plaintiff's medical malpractice action against John's client, a physician, must be transferred out of Philadelphia County.

The decision removes one of the tools in a patent plaintiff's shed to bring additional pressure against alleged infringers, and plaintiffs will have to refrain from filing lawsuit in state's that have a tangential relationship to the defendant's home jurisdictions.

On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.

Since the appellate court upheld the trial court's decision, the plaintiff will be able to have her day in court, and her claims against the defendant will proceed toward a possible settlement or trial.

Until very recently, the only state high court decisions (from VA and DE) on our ediscovery for defendants cheat sheet involved sanctions against plaintiffs for destroying social media evidence.

However, in Douez v. Facebook, the Supreme Court of Canada has recently held, in a 4 - 3 decision, that Facebook could not enforce that clause against the plaintiff, a British Columbia woman complaining that their use of her photo and name in advertising breached her rights under British Columbia's Privacy Act.

As a result of the most recent decision, the plaintiff's case will not be permitted to proceed against the insurance company.

Though there is a presumption against costs on the motion to dismiss to a successful plaintiff (i.e. one whose suit is allowed to continue), I expect that courts will not be sympathetic to expression that goes beyond what judicial decisions come to define as acceptable under the new law.

On April 21, 2015, the Superior Court of Quebec made a decision in favour of the plaintiff and ruled against the government of Quebec.

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

The alleged conflict in McKercher arose from the McKercher firm's decision to represent the plaintiffs in a $ 1.75 B class action suit against Canadian National Railway (CNR).

The decision on whether one will be granted to the complaint and if the three plaintiffs will even be allowed to pursue litigation against the firm is expected to be made later this spring.