Sentences with phrase «defendant in a case where»

It is much easier to secure interim payments from the Defendant in cases where liability has been admitted.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) allows for an additional amount to be paid to a claimant by a defendant in cases where the defendant has refused the claimant's offer to settle and the court has given judgment for the claimant which is at least as advantageous to the claimant as the claimant's offer.

Represented an individual defendant in case where he was accused of violating his covenant not to compete.

Represented a corporate defendant in a case where it was accused of defaming a manufacturer through advertisements.

Not exact matches

If jurors favor the death penalty in some cases, then it shouldn't be shocking that they'd vote for it in a case where the defendant terrorized an entire city and killed and maimed innocent civilians.

The first line of cases began with In re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practiceIn re Daou Sys., where the Ninth Circuit reversed a district court's decision dismissing a Section 10 (b) action on the ground that the plaintiffs had not alleged any disclosures that defendants were engaging in improper accounting practicein improper accounting practices.

In recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauIn recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauin Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauin the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed frauin any case where losses were sustained prior to the market learning the fact that defendants had committed fraud.

The fool on the other hand has rushed in where the angels feared to tread, and the case for Christianity is being lost by the default of the defendants.»

We've seen cases where defendants were either deceased years before the incident or in prison when it happened.»

In Bradford, the local press reported that judges were expressing concern over two serious cases where no legal representation was available for the defendant.

«The defendant who was the target in this case, George Maziarz, plead to a penal law charge where the penalty was $ 1,000,» Assistant Attorney General Christopher Baynes said in court.

Instead of convictions, cases with white defendants more often end in adjournment in contemplation of dismissal, where the case is adjourned for a period of time and later dismissed if the defendant isn't arrested again..

Oliverio's statements on behalf LPCiminelli are part of the defendants» legal strategy to move the court case from the Southern District of New York in Manhattan, where Bharara is based, to the Western District in Buffalo.

Since that announcement, we have passed secondary legislation to enable the police to prosecute an extra 150,000 cases through to completion by giving them the power to continue to prosecute where a defendant does not turn up in court or pleads exceptional hardship.

With the defendants indicted, the action in Clean Sweep moved to the Ulster County Courthouse where the sudden influx of drug cases strained the resources of the district attorney's and the public defender's offices.

They cited three previous cases where courts ruled such questions are «relevant and probative» when they concern a defendant's actions in the context of a securities fraud prosecution, including that of pharmaceutical executive Martin Shkreli, whom Agnifilo represented.

All THAT being said, name a case in New York, preferably high profile and not 50 years ago, where someone LGBT got killed and the defendant got acquitted using a gay / trans panic defense.

This gene already has figured in a court case in Italy, Hyman said, where a defendant's sentence was reduced based on testimony that he had the gene and was predisposed to violence.

The prosecutor in Padua, where the case against a different group of defendants resides, has asked to dismiss all charges as well.

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 both cases, the defendants argued that this exposure was slight compared to the exposure to asbestos in the general atmosphere where the two women liveIn both cases, the defendants argued that this exposure was slight compared to the exposure to asbestos in the general atmosphere where the two women livein the general atmosphere where the two women lived.

If none of those motions finds traction in the court, then four to six months from now, the cases move to the discovery phase, where the defendants will have to start producing documents and providing evidence.

Mike Cernovich comments that city defendants are the «frequent flyers» of verdicts in civil rights actions, in part because rulings like Kozinski's are rare: Cernovich can't recall a case where an appellant was assessed double costs for filing a civil appeal.

In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.

Lawyer - clients come up frequently with institutional clients where in - house counsel is the client contact and in legal ethics cases where lawyers are respondents or defendants; they can also be the client in any other matter where an individual is the client, as lawyers do have lives too.

But perhaps in a case where the defendant is acquitted, or proven innocent, a takings argument could be run by analogy with the cases dealing with innocent people who suffered loss as a result of police execution of search warrants.

[34] In Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injurIn Resurfice, this Court summarized the cases as holding that a material contribution approach may be appropriate where it is «impossible» for the plaintiff to prove causation on the «but for» test and where it is clear that the defendant breached its duty of care (acted negligently) in a way that exposed the plaintiff to an unreasonable risk of injurin a way that exposed the plaintiff to an unreasonable risk of injury.

As will become clearer when we discuss the cases, «material contribution» as a substitute for the usual requirement of «but for» causation only applies where it is impossible to say that a particular defendant's negligent act in fact caused the injury.

In two recent high profile US cases, one jury found for the plaintiff where the two songs had almost nothing in common (Got ta Give it Up and Blurred Lines) whereas in the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff's composition (Taurus and Stairway to HeavenIn two recent high profile US cases, one jury found for the plaintiff where the two songs had almost nothing in common (Got ta Give it Up and Blurred Lines) whereas in the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff's composition (Taurus and Stairway to Heavenin common (Got ta Give it Up and Blurred Lines) whereas in the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff's composition (Taurus and Stairway to Heavenin the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff's composition (Taurus and Stairway to Heaven).

[As regards the fourth submission Mr Nathan relies on another dictum of Potter LJ in Downing where he said: «The burden of proving that any of the grounds in s. 9 (4) has been made out lies upon the claimant and, if the defendant can raise an arguable case in favour of validity, a stay should be granted: Hume v AA Mutual International Insurance Co Ltd [1996] LRLR 19.»]

The SJC for the first time ruled that a judicial error of law does not bar recovery in a legal malpractice case where a defendant law firm was negligent for failing to prevent or mitigate the legal error.

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

We also act in cases where innocent third parties are affected by orders made in criminal cases against defendants.

We represent foreign countries sometimes, we sue where one country sues another country and we'll take the defendant in some of these cases.

The dismissal of an action where there has been an admission of liability, as in in this case, would be a particularly draconian remedy for the contempt that has delayed the defendants acquisition of evidence to which they are entitled.

In Merchantbridge, Mackie QC HHJ said that «This is not a case where the [costs] defendants attract moral blame, but they took a decision to fund the defence of an action where they had, amongst other things, an interest of their own to protect.»

Torts cover a defendant's actions that were accidental such as negligence in a car accident case as well as wrongs where the defendant intended to hurt an individual, group or business.

In mesothelioma cases the most important factors in this determination are where you were exposed to the asbestos, where you live, and the identity and location of the defendant (sIn mesothelioma cases the most important factors in this determination are where you were exposed to the asbestos, where you live, and the identity and location of the defendant (sin this determination are where you were exposed to the asbestos, where you live, and the identity and location of the defendant (s).

Mr. Chamberlin moved from Steamboat Springs, Colorado to Phoenix, Arizona in 1985, where his practice primarily focused on insurance defense while with the firm of Black, Robertshaw & Copple, P.C.. On behalf of defendants, Mr. Chamberlin tried numerous commercial, construction, homeowner's association, fire loss and commercial trucking defense cases to defense verdicts.

It is unlikely the defendant would invest capital in that line of defence for this case, but it is reasonable to say the plaintiff's burden on causation would be somewhat heavier than in a case where the force of the accident is not really in issue, which weigh in favour of a trial in this court.

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdictioIn a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdictioin the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdictioin England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

Many of fraud cases may be classified as federal crimes where the case is heard in the state and federal courts which subject the defendant to more penalties upon conviction.

Under the Lagos High Court Civil Procedure Rules 2012, once a case is filed in court, ADR is then used where there is a response showing some kind of admission on the part of the defendant.

In other words, let's say you have a Maryland accident case where the defendant has a $ 100,000 liability policy and the injury victim has a $ 300,000 uninsured / underinsured motorist policy.

Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside an ICC arbitration award for serious irregularity under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with issues which were put to it.

In that case, where the defendants had been convicted on two counts of conspiracy to corrupt public morals and conspiracy to outrage public decency in respect of the publication of a magazine which contained advertisements inviting readers to engage in homosexual acts, the House of Lords was split about whether a common law offence of conspiracy to outrage public decency existeIn that case, where the defendants had been convicted on two counts of conspiracy to corrupt public morals and conspiracy to outrage public decency in respect of the publication of a magazine which contained advertisements inviting readers to engage in homosexual acts, the House of Lords was split about whether a common law offence of conspiracy to outrage public decency existein respect of the publication of a magazine which contained advertisements inviting readers to engage in homosexual acts, the House of Lords was split about whether a common law offence of conspiracy to outrage public decency existein homosexual acts, the House of Lords was split about whether a common law offence of conspiracy to outrage public decency existed.

decided in a copyright case that one had to look at a real and substantial connection between the defendants and the jurisdiction of the court — or administrative tribunal — but not at where the server happened to be.

Thus in Sedley's case (1675) Strange 168, 1 Sid 168, the defendant pleaded guilty to outraging public decency where he had appeared naked on the balcony of a house and had urinated on several people present.

Melissa has also served as an Assistant Public Defender in Broward County where she represented indigent criminal defendants charged in a variety of cases ranging from misdemeanors to first degree felonies.

The Religion Clause blog has a blurb about a case decided by a Montana trial court back in May where the court refused to suppress testimony about the defendant's confession to a pastor of his involvement in a homicide.