Sentences with phrase «defendants appealed the judgment»

These defendants appealed the judgment, arguing that the plaintiff failed to provide sufficient evidence from which a reasonable jury could establish that the garbage truck driver's conduct caused the death at hand.

In Hospadales v. McCoy, the defendants appealed a judgment in a truck accident case that awarded the plaintiff damages in the amount of $ 292,000 for past pain and suffering, past medical expenses, and past lost earning capacity.

Not exact matches

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.

Defendants had appealed this Court's decision denying summary judgment as to the Government's claim for disgorgement under 18 U.S.C. 1964 (a).

In Kalinchuk v. JP Sanchez Construction Co., a Texas plaintiff appealed summary judgment in favor of the defendant, a construction company.

After a series of lower court decisions resulted in conflicting conclusions, the Appeals Court vacated a Superior Court judgment allowing the defendant's motion for summary judgment, concluding that the plaintiff was entitled to the benefit of the three - year limitation period of G.L. c. 84, § 15.

When the defendant files an appeal, he or she can post a financial bond to stop collection of the judgment.

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.

AND the appeals court making the claim that the defendant must show by a preponderance of the evidence that he / she was damaged then «changing» that level of proof to what appears to be a higher standard by saying, «On review, we will not reverse the judgment unless the evidence as a whole unerringly and unmistakably leads to a conclusion opposite that reached by the post-conviction court.»

The court of appeals reversed summary judgment for defendant, holding that 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

In reasons for judgment released today, the BC Court of Appeal overturned the order of a Master denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an adjournment of an impending trial.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

On appeal, the plaintiffs argued that it was an error for the court to dismiss their defect and negligence claims because the only grounds to grant the motion for summary judgment relied on the trial court granting the defendant's request to exclude the expert's testimony.

This is a writ of error to the County Court of Oneida County, in the State of New York (to which court the record had been remitted), to review the judgment of the Court of Appeal of that State affirming the judgment of the Supreme Court, which itself affirmed the judgment of the County Court, convicting the defendant of a misdemeanor on an indictment under a statute of that State, known, by its short title, as the labor

The Court of Appeal will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong, or discretion to exclude under s 101 (3) has been exercised unreasonably in the Wednesbury sense.

But the defendant later had reason to smile when an appeals court vacated the judgment in his case and ordered a new trial after Wilson's actions came to light.

The application of the «real and substantial connection» test for enforcement of foreign judgments was further clarified by the Ontario Court of Appeal in a recent decision, part of a bitter and protracted legal battle over nearly $ 10 billion in environmental damages caused by the operations of Texaco (later acquired by the defendant Chevron) in Ecuador.

The parties, after the trial judge made his order for judgment, stipulated that the defendants (without waiving their rights of appeal) would accept the third alternative but would reduce to ten the number of shares of Sales Leadership to be transferred to O'Hara.

For example, a defendant may lodge an appeal against the judgment given by a trial judge.

Trial court verdicts or judgments that found for plaintiffs were reversed or modified on appeal at higher rates compared with trial court outcomes favoring defendants (42 percent versus 21 percent).

Gaber v. Gaber, No. 98 - CV -0483-MA; A106861 (Oregon Court of Appeals, September 26, 2001): Plaintiff wife appealed from a summary judgment for defendant husband in an action for battery and intentional infliction of emotional distress.

In Ferrara v. Lorenzetti, Wolfe6, the majority judgment of the Court of Appeal (Laskin and Sharpe, J.J.A.) held the plaintiff's claim against the defendant solicitor was NOT statute barred.

The appellant submits that he has three grounds of appeal: that the chambers judge erred in concluding that the damages could not be quantified; that the judge erred in dismissing the claim when the appellant already had two default judgments against the defendants; and that the judge erred by dismissing the claim on his own motion without notice to the appellant...

Stapleton v Howard Kennedy: Chris was instructed on behalf of the Defendant solicitors in this claim which came on for trial after the Claimant's appeal against summary judgment entered for the Defendants was allowed.

In response, some of the defendant insurers brought summary judgment motions seeking to relitigate this question of law and challenge the correctness of the Court of Appeal's decision in McNaughton.

Hawksford Trustees Jersey Limited — v - Halliwells: Chris is instructed on behalf of the Defendant solicitors in relation to appeals and cross appeals to be heard against the first instance judgment which allowed some heads of claim but not others.

On appeal, the court agreed with the lower court's decision to grant judgment to the defendants, finding two separate reasons why the plaintiff's complaint failed.

The Indiana Court of Appeals recently reversed a trial court summary judgment favoring the defendant in a claim that originated as a premises liability lawsuit stemming from a trip - and - fall that seriously injured an 85 - year - old woman.

When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service, under the provisions of this Regulation, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled:

Successfully obtained affirmation by U.S. Court of Appeals, Fifth Circuit, of a summary judgment rendered by the trial court in favor of defendant real estate partnership.

In a recent Texas auto accident decision, a woman appealed from a take nothing judgment after a jury trial in her personal injury lawsuit against a defendant, claiming injuries when the defendant's vehicle hit hers from behind.

San Bernardino Partner Art Cunningham and San Diego Appellate Partners Jeffry Miller, Ernest Slome, and Brittany Bartold Sutton recently prevailed in an appeal from the judgment entered following a trial court's grant of summary judgment in favor of the defendant in a negligence suit.

The magistrate gave judgment for the plaintiffs, and the defendant appealed to the Court of Common Pleas.

Los Angeles Partners David Shapiro and Christopher Greenleaf and Los Angeles Appellate Partner Caroline Chan recently prevailed in an appeal from a summary judgment ruling in favor of the defendants in a wrongful death premises liability lawsuit.

San Francisco Partner Florence McClain, along with San Diego Appellate Practice Partners Jeffry Miller, Lann McIntyre, and Brittany Bartold Sutton, recently prevailed in an appeal from the judgment entered following a trial court's grant of summary judgment in favor of the defendant in an asbestos suit.

The court granted judgment for the plaintiff after a bench trial for the full amount of its claim (about $ 22,000) and the defendant appealed.

Take - aways: A defendant that doesn't appeal a judgment can still benefit from a co-defendant's successful appeal where there is an interdependence of rights between the two defendants.

The judgment confirmed that the DIFC Court has jurisdiction to enforce foreign court judgments, following the decision of the DIFC Court of Appeal decision in the DNB Bank ASA v Gulf Eyadah Corporation & another [2015] DIFC CA 007 which «dealt authoritatively» with the question of the DIFC Courts» jurisdiction in this area and unanimously rejecting arguments raised by the Defendant to the contrary.

After years of wrangling, the Second Circuit Court of Appeals laid the case to rest in late 2013, with a firm judgment that: «It is simply incompatible with common sense and experience to hold that defendants were required to design and construct a building that would survive the events of September 11, 2001.»

Attorney Michael Bogdanow argued the appeal before the SJC in December 2014 and on April 17, 2015, the SJC upheld the judgment for the plaintiff and rejected the defendants» arguments.

APPEAL from, and certiorari (309 U.S. 626) to review, a judgment which sustained the conviction of all the defendants on one count of an information and the conviction of one of the defendants on another count.

The defendant's appeal to the Court of Appeal was allowed on a majority judgment on the basis that: l The question was whether or not a joint intention could properly be inferred from the parties» conduct since separation that, over time, the 50/50 split would be varied so that the property was currently held 90 % by the claimant and 10 % by the defeappeal to the Court of Appeal was allowed on a majority judgment on the basis that: l The question was whether or not a joint intention could properly be inferred from the parties» conduct since separation that, over time, the 50/50 split would be varied so that the property was currently held 90 % by the claimant and 10 % by the defeAppeal was allowed on a majority judgment on the basis that: l The question was whether or not a joint intention could properly be inferred from the parties» conduct since separation that, over time, the 50/50 split would be varied so that the property was currently held 90 % by the claimant and 10 % by the defendant.

As insurers continue to face ostensibly stale claims for noise induced hearing loss and other occupational diseases the Court of Appeal judgment in Pratt v BRB (Residuary) Ltd [2014] EWCA 1401 will an important tool in a defendant's locker for some time to come.

In Rowe v. Gibson, a divided panel of the federal Court of Appeals for the 7th Circuit dismissed the defendants» motion for summary judgment in their favour.

An Indiana bicycle accident claim will go no further after the Indiana Court of Appeals ruled the trial court was wrong to deny summary judgment favoring the defendant city.

The plaintiff Saleh Mizyed appealed from the trial judge's order granting summary judgment, which dismissed his medical malpractice complaint against the defendant Palos Community Hospital.

The Indiana Court of Appeals reversed a trial court's order granting summary judgment for the plaintiffs, and denying summary judgment for the defendants, in a dispute over insurance coverage.

The defendants lost their challenge to the court's jurisdiction in the Ontario Court of Appeal judgment released yesterday — Friday the 13th, as it happens.

● The Court of Appeal gave judgment in favour of the defendant to a personal injury claim in two cases where the key issue was the standard of care owed by one individual to another; and

The Court of Appeal's judgment means that a defendant's complaints about prejudicial reporting are likely to fall on deaf ears.