Sentences with phrase «defendant using»

Defendant using his influence, wealth and power lured plaintiff into a relationship and tried spoiling, debase and corrupting the mind of plaintiff by sending plaintiff nude pictures, sex video and masturbating video through Skype, Whatsapp and asked plaintiff to do same.

«Defendants used the lure of quick riches from a twenty - first century payment system known as virtual currency to defraud investors.

«The defendant used two publicly funded Bronx organizations like his personal piggy bank, diverting more than a half million dollars earmarked for services for needy New Yorkers in little over eight years,» the AG said.

for whom the defendant used his official position to recommend for job with a State....

On the charge that the defendant used his office as minister to allocate 15 houses to his associates, the defence told the court that there was a committee set up by the government.

EFCC alleged that the defendants used some companies and diverted over N1.9 billion from the national treasury under the guise that the funds were used for biometric data capture project.

The researchers found that more than one - third of defendants used the victimization and appeals to good character techniques between one and 12 times per day of testimony.

And if the defendant uses the defense of intoxication, then he is more likely to be convicted of manslaughter, a basic intent offence in this situation right?

If the defendant uses the defense of intoxication and it is believed that the defendant lacks the required mens rea, is the doctrine of transferred malice is still relevant?

But a student with poor analytical skills might begin by stating the issue as «whether the defendant used a deadly weapon» or even more obtuse, «whether defendant committed aggravated battery.»

Justice Brown wrote, at paragraph 36, «By resorting to rule 20 to compel the self - represented appellant to deliver an expert report, without meeting their own evidentiary obligations as moving parties under the rule, the defendants used the rules in a procedurally inappropriate manner.»

Bainbridge has also brought a trade mark infringement and passing off claim against Navigate Travel on behalf of Sail Week Croatia, which alleges that the defendant used the brand Sail Week in a sector that competed with its brand.

One of the conditions for using non-deadly force is that the Commonwealth must prove that «the defendant did not reasonably believe he (she) was being attacked or immediately about to be attacked, and that his (her) safety was in immediate danger»; they must also prove that you «did not do everything reasonable in the circumstances to avoid physical combat before resorting to force»; and «that the defendant used more force to defend himself (herself) than was reasonably necessary in the circumstances».

According to the complaint, not only are the defendants using the trademark without a license, but they're using it on items like $ 2,300 purses that aren't even big enough to hold the keys to your chopper and $ 1,600 dresses that look like slightly artsier versions of those skeleton t - shirts lazy people wear on Halloween.

The Defendant used the slur as a proxy for an attack on every aspect of my professional being.

There is also a «proportionality» requirement for the defense of others defense: «The defendant used no more force than was reasonably necessary to defend against that danger» (CalCrim instruction 3470).

In the next example, the defendant used plaintiff's cited case as a sword to prove that the Copyright Act preempted the conversion claim.

For damages, which focused on the harm suffered by the plaintiff, hypothetical scenarios where the defendant used non-infringing alternatives are not to be considered.

seem more or less likely than an innocent explanation of why a defendant uses a secret whisper machine?

Establishing a causal link between this careless conduct and your loved one's death requires showing that they would likely not have been hurt had the defendant used the appropriate care.

This Restatement provision states that» [o] ne who appropriates the commercial value of a person's identity by using without consent the person's name, likeness, or other indicia of identity for purposes of trade is subject to liability...» Relying on the Restatement, the Missouri Supreme Court held in TCI, 110 S.W. 3d at 369, that «the elements of a right of publicity action include: (1) That defendant used plaintiff's name as a symbol of his identity (2) without consent (3) and with the intent to obtain a commercial advantage.»

Defendant used Google's Blogger service to write a post — about plaintiffs» business practices — that plaintiffs found objectionable.

Defendants used «Binder and Binder» as adwords linked to their web site.

Defendants used the lure of quick riches from a twenty - first century payment system known as virtual currency to defraud investors.

Not exact matches

Microsoft lawyer Jeff Fisher said defendants could not use this maneuver because they can not voluntarily dismiss a lawsuit if they want to get an automatic appeal of a decision granting class certification.

If a prosecutor wants to convict a man of assault, he is (without a doubt) going to paint a picture for the audience of the suffering of the defendant, and will likely use expressive language to evoke a feeling of sympathy from the jury, who (as they listen) visualize the potential suffering of the man / woman in front of them.

On as little as five days notice to the defendant, it says, a nonprofit may be entitled to a permanent injunction if it can simply show that a for - profit company is using its name or «a name so nearly resembling it as to be calculated to deceive the public.»

Using a barrage of Freedom of Information Act lawsuits, TRAC has been able to gather data buried in the Justice Department's own computer files (minus the individual case numbers that might be used to identify defendants).

One reason, says Eisinger, is that court rulings have taken away tactics that prosecutors had used to pressure defendants, such as restricting attorney - client privilege and preventing their companies from bankrolling sky - high legal bills.

«Defendants and their co-conspirators also obtained, and attempted to obtain, false identification documents to use as proof of identity in connection with maintaining accounts and purchasing advertisements on social media sites,» the indictment says.

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.»

Judge William Pauley on Tuesday ruled that defendant Raymond Lambis» rights were violated when DEA agents used a Stingray without a warrant to locate and search his Washington Heights apartment in Manhattan during a drug - trafficking investigation.

A proven model — proven, that is, by billionaire Peter Thiel — for bankrupting news companies and driving them out of business by using the court system and jury trials, which can leverage public disgust for The Media (see no. 6 above) into jury awards that defendants can not possibly pay.

«To place defendants» argument in a real world context,» she wrote, «they assert that for the payment of approximately $ 100 a year to the Copyright Office (the payment for a Section 111 compulsory license) and without compliance with the strictures of the Communications Act or plaintiffs» consent, that they are entitled to use and profit from the plaintiffs» copyrighted works.»

It also names Cambridge Analytica and its business partners as defendants, alleging they committed fraud by using the social network to obtain personal data on at least 80 million Facebook users without their knowledge and consent.

In a filing in the U.S. District Court for the Eastern District of Michigan, Winterkorn was one of six defendants charged in an alleged scheme where they knew VW vehicles did not meet U.S. emissions standards and used software to cheat the U.S. testing process.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company was engaged in predatory lending practices that saddled subprime borrowers and / or those with poor or limited credit histories with high - interest rate debt that they could not repay; (ii) many of the Company's customers were using Qudian - provided loans to repay their existing loans, thereby inflating the Company's revenues and active borrower numbers and increasing the likelihood of defaults; (iii) the Company was providing online loans to college students despite a governmental ban on the practice; (iv) the Company was engaged overly aggressive and improper collection practices; (v) the Company had understated the number of its non-performing loans in the Registration Statement and Prospectus; (vi) because of the Company's improper lending, underwriting and collection practices it was subject to a heightened risk of adverse actions by Chinese regulators; (vii) the Company's largest sales platform and strategic partner, Alipay, and Ant Financial, could unilaterally cap the APR for loans provided by Qudian; (viii) the Company had failed to implement necessary safeguards to protect customer data; (ix) data for nearly one million Company customers had been leaked for sale to the black market, including names, addresses, phone numbers, loan information, accounts and, in some cases, passwords to CHIS, the state - backed higher - education qualification verification institution in China, subjecting the Company to undisclosed risks of penalties and financial and reputational harm; and (x) as a result of the foregoing, Qudian's public statements were materially false and misleading at all relevant times.

According to Alsup, Uber's claims that Waymo used all sorts of tricks to avoid arbitration by not listing Levandowski as a defendant were groundless.

Filing a trademark violation case for using the world «Fortune» which they knew was owned by Time Magazine, and not them, was just a way to take advantage of the system by someone with more money that the poor defendant had.

So, to use an example from criminal law: evidence that blood from the dead victim and the was found in the defendant's home, along with the murder weapon, is evidence that the defendant killed the victim.

«Defendant Long has a pattern and practice of singling out a select group of young male church members and using his authority as Bishop over them to ultimately bring them to a point of engaging in a sexual relationship,» the suits allege.

«Some was used for the proper project but the majority was transferred into the defendant's personal account and used by him for everyday living expenses.»

Thus it was in the celebrated case of Rylands v. Fletcher (1868) in the law of tort, in which water from the defendant's reservoir had flooded the mines of the plaintiff and put them out of use.

Judge Santiarto said: «As part of a religious society, the defendant should be careful to not use words with negative connotations regarding the symbols of religions including the religion of the defendant himself.»

Those are words Assistant District Attorney Patrick Blessington used in court Thursday to describe the behavior of Monsignor William Lynn, the highest - ranking cleric to be charged with child endangerment in the landmark child sexual abuse and conspiracy trial in which he and another Philadelphia priest are defendants.

I didn't say there was no inequality in the justice system, I said the media inflames when they use 1 case as a litmus test, especially when the system is stacked in favor of defendants.

There's something uncanny about a lawsuit in which Woody Allen pillories the defendant as «sleazy» and «infantile,» prompting said defendant to argue «that it can't have damaged his reputation by using his image because the film director has already ruined....

The defendant, in answer, denies that plaintiff or its predecessors now use, or have ever used, the word «Tabasco» as a trade - mark or identifying name for sauce, and specially avers that the word «Tabasco» could not and can not be appropriated as a trade - mark, because it is geographical and descriptive; that plaintiff continually acquiesced in the descriptive use of the word «Tabasco,» and never made a bona fide attempt to establish the trade - mark it now asserts; and that any rights that plaintiff may have had in the name as a trade - mark were lost by the patenting of the process and the expiration of such patent.

It appears from defendant's own statement, that the McIlhenny bottle and carton were used as a guide in the manufacture of his own, and the inference must follow that his intention then was to make it appear to the casual observer that his sauce and that of plaintiff were one and the same, and thus secure the advantage of the extensive advertisement and wide demand for plaintiff's product, which the stipulation shows is sold in every State of the Union and many foreign countries and is handled by a large maj ority of the jobbers in the United States.

Even had McIlhenny not abandoned his patent but continued to use the patented process, it does not necessarily follow that the defendant, on the expiration of the patent, would have had the right to give to a sauce manufactured by him by the patented process, the name «Tabasco.»