Sentences with phrase «defendant in the civil claim»

When a commercial tractor - trailer or semi-truck is involved in an accident, there may be more than one defendant in the civil claim.

Before you can name the government as a defendant in a civil claim you must first file an administrative claim with the government itself.

Not exact matches

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

A friend contacted me to indicate that «Mr. Driscoll has been named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

Well, soon it could be official as Mark Driscoll, fallen megachurch pastor, found himself named as a defendant in a civil lawsuit, which includes civil claims under the RICO statute.

A seventh alleged victim, whose case is being handled by a different law firm from the other six defendants, planned to sue in U.S. District court, claiming civil rights violations, according to people familiar with that case.

If at the time information or documents are furnished by a Settling Defendant to the United States, the Settling Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure, and the Settling Defendant marks each pertinent page of such material, «Subject to claim of protection under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceeCivil Procedure, and the Settling Defendant marks each pertinent page of such material, «Subject to claim of protection under Rule 26 (c)(1)(G) of the Federal Rules of Civil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceeCivil Procedure,» then the United States shall give the Settling Defendant ten calendar days notice prior to divulging such material in any civil or administrative proceecivil or administrative proceeding.

Another concern, the company is operated by Ashley Ezell who the BBB claims has been a defendant in two civil cases over failing to repay student loans.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

In such cases, defendants can't defend themselves by claiming there was no proof that what they were doing would cause harm, they must be careful if great harm is possible even if unproven under civil law.

We have a statewide civil trial practice [in Oregon] focusing on representation of plaintiffs and defendants in complex personal injury claims.

In order for a civil claim to succeed, with payments made, fault in full or part must be established against the defendanIn order for a civil claim to succeed, with payments made, fault in full or part must be established against the defendanin full or part must be established against the defendant.

She has represented both plaintiffs and defendants in cases on a wide variety of claims, including breach of contract, fraud, defamation, and civil liability for cyberstalking.

[71] Plaintiff's counsel submits also that in this case, the defendant denied liability for the accident in the Response to Civil Claim.

A solicitor may attend the hearing to offer advice to the bereaved family on what is happening in the criminal process, and to also take a note of the evidence to support any later civil compensation claim against the defendant.

2205 (2011)[U.S. Supreme Ct.]; author — Justice Kagan: «But for» test applies when determining whether a prevailing defendant should recover fees in a plaintiff's civil rights suit involving both frivolous and nonfrivolous claims, rejecting the district court's use of a «focus» test.

Notwithstanding the liberal «relation back» principles of the Federal Rules of Civil Procedure, and despite the plaintiffs» claim of «fraudulent concealment,» the Appellate Practice Group secured an award of summary judgment in favor of all additional defendants based on the statute of limitations defense.

In a pre-trial hearing, Keighley allowed the defendants to make a number of amendments to their response to the civil claim.

Hill, which I think of as the execution method case, produced an unanimous ruling in favor of a death row defendant's right to challenge a lethal injection protocol through a 1983 civil rights claim.

It is defined differently in different states and jurisdictions, however, most jurisdiction, including California define the civil lawsuit proof standard as «by a preponderance of the evidence» for most types of claims and, the slightly higher standard of «clear and convincing evidence» for claims for punitive damages (damages meant to punish the defendant rather than just compensate the victim).

To the extent an assessment prepared under a contract of insurance or in relation to a claim for Part VII benefits puts a defendant on an equal footing, the need for an assessment under Rule 30 (1) now Supreme Court Civil Rule 7 - 6 (1) will be mitigated.

There are many parties — beginning with the defendant named in the civil claim or lawsuit — who must be convinced that the injured plaintiff's cause is just and that he or she is owed compensation.

On the other hand, defendants in a civil litigation matter want to aggressively protect their rights in opposing the plaintiff's claim.

However, there is a provision in our Rules of Civil Procedure that permits a plaintiff to unilaterally discontinue its lawsuit against a defendant, provided the lawsuit has not advanced past the stage of exchanging the claim and the defences (known more technically as the «close of pleadings»).

Sophia Purkis of Fladgate LLP advises claimants and defendants in relation to large - scale civil fraud claims, often in conjunction with parallel criminal proceedings.

We have represented both plaintiffs and defendants in civil antitrust cases involving monopolization, price - fixing, and other claims.

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioIn order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

The ruling illustrates both that a sitting President is not immune to civil liability even in state court, and that a defendant's public response to an accusation of sexual misconduct may give rise to a defamation claim.

Later, the plaintiff filed a civil negligence claim against the defendant, claiming that the defendant's negligence resulted in his injuries.

According to the Texas Supreme Court, the net worth of a defendant in an injury claim or civil litigation procedure is both directly related to an exemplary damage award and discoverable.

If the defendant was already convicted in a criminal case, a plaintiff likely may have a lower burden of proof in a civil claim.

A prevailing alter ego defendant was awarded $ 134,469.36 out of a requested $ 353,047.50 in attorney's fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim in a multi-phased trial.

In many civil cases involving negligence, a defendant will have insurance coverage that will pay out any claims.

The opposite side appealed, claiming that defendant had to bring a notice of motion for fees under CCP § 527.6 (r)'s fee - shifting statute in the civil harassment context.

The «Civil Matters: What to Do in Court» video provides tips and information on how to prepare for a Civil Claims trial if you are a Plaintiff, Defendant or Witness, including what documents you may need, how to present evidence, and how to address the judge.

It was noted that the circumstances of the case were «exceptional» and so it was considered there would not be a floodgate of civil claims where the claimant argued that the reason for the delay in issuing proceedings was the defendant's impecuniosity.

Another useful tool in civil cases is that the 5th Amendment privilege against self - incrimination does not apply, so if the defendant refused to testify (perhaps claiming the 5th Amendment for fear of criminal consequences of truthful testimony) that refusal to testify can be used to infer that his testimony would have hurt him and to find civil liability.

A copy of that filed Civil Claim must be delivered to («served») on the defendant (s), along with a blank form called a Dispute Note that the defendant can fill in and file in the same courthouse.

Something To Prove: The Impact of the Burden of Proof in Property Damage Claims - WP - Establishing whether the plaintiff or defendant has the burden of proof in a civil action can mean the difference between winning and losing a case.

Practice Areas Mr. Ouellette concentrates his practice on representing municipal defendants in all aspects of civil litigation, especially cases involving civil rights claims and employment related matters.

Representing one of two defendants in the White River (Indiana) fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $ 50 million and federal criminal prosecution under the Clean Water Act.

The lower court, based on Civil Code section 3426.4 (allowing fee - shifting to a prevailing party if a trade secret claim of misappropriation is made in bad faith), awarded $ 735,781.27 in fees to defendants — comprised of a $ 535,215 lodestar augmented by a 1.3 positive enhancement for excellent defense work.

On the other hand, if the defendant wins an acquittal, you can still proceed with your civil suit in small claims court.

The defence can be used by a defendant in a civil action to argue a claimant has forfeited their normal rights because they behaved illegally in a way that is connected to their claim.

The civil courts do, however, have the equivalent of s 31, in that if appropriate action is not taken before bringing a claim, to give the defendant an opportunity to resolve the matter without litigation, this is likely to have adverse costs consequences under the Civil Procedure Rcivil courts do, however, have the equivalent of s 31, in that if appropriate action is not taken before bringing a claim, to give the defendant an opportunity to resolve the matter without litigation, this is likely to have adverse costs consequences under the Civil Procedure RCivil Procedure Rules.