Sentences with phrase «defendants failing»

Many personal injury lawsuits involve defendants failing to take reasonable steps to prevent foreseeable injuries and our dedicated attorneys have the legal training and access to resources necessary to prove liability.

Although defendants failed to provide documents to participants disclosing the amount invested by the 401 (k) plan via Intel TDPs, the amount was estimated in June 2015 to be approximately $ 3.63 billion.

Azrack said the cases were different for three reasons: The de Blasio case involved only «campaign contributions» and not personal gifts, a fact that would increase the government's burden of proof for bribery; the defendants failed to demonstrate they are «similarly situated» to de Blasio; and, critically, the de Blasio matter was already reviewed by a different set of federal prosecutors, who declined to move forward with a case against him.

A writ filed by Endurance Oti Boateng against Noble Dream Microfinance and one Samuel Tuffuor to lay claim to the property was dismissed by the court after the defendant failed to show up in court.

The defendant failed various sobriety tests and his blood alcohol content was.21 %.

Mr Justice Akrowia warned that should the defendants fail to take advantage of that leeway offered by the court, the injunction would then become permanent and the whole gas project would be brought to a resounding standstill.

As attempts to reach a deal with a high profile defendant fail, Chuck's office faces the uncertainty of jury selection.

Assembly Speaker Robin Vos, R - Rochester, said a study shows Wisconsin defendants fail to show up in court more often than defendants in states that have private bail bonds.

If the defendant fails to appear in court, the bonding company is liable for the full amount.

The complaint says this pattern of failing to leverage the assets and negotiating power of the Principal CITs to demand the lowest - cost vehicle and share class was not limited to the Diversified International Fund — for eleven of the thirteen investments held by the Principal CITs, Defendants failed to use the least expensive vehicle, failed to use the least expensive share class, or both.

Plaintiffs argue the sheer volume of three hundred total investment choices for retirement investors indicates that defendants failed properly to monitor and evaluate the historical performance and expense of each of these funds, compare that historical performance and expense to a peer group of funds and / or even compare the three segments against one another.

The discovery master denied the motion, finding that the defendant failed to establish the relevance of the Facebook pages to the question of whether Leduc's enjoyment of life had been diminished.

the defendants failed to provide competent and reliable scientific evidence that babies can learn to read using the Your Baby Can Read!

And according to the Court, the defendants failed to prove any such inequality.

The defendant was behind our client and in the same lane, also stuck in traffic, but the defendant failed to pay attention to the speed of traffic and rear - ended our client.

Second, Plaintiff must show that the Defendant failed to conform to said required standard.

A further 10 % increase in damages would be awarded if the defendant failed to beat the equivalent of a pursuer's Tender.

In most places, including the state of California, you will have to show the defendant failed to exercise an acceptable amount of care and that failure caused your injury.

The Defendant failed to raise an objection of the expert's qualifications under the timelines set out in Rule 11 - 6 (10).

The defendant failed to fulfill his / her legal duty that was owed to the plaintiff (driving safely)

After a two - day trial, the jury found that the defendant failed to take reasonable steps to prevent exactly the type of injury this man incurred and returned with a verdict of nearly $ 170,000.00.

More specifically, the Court found that the defendants failed to properly investigate the allegations made against the plaintiff, and published them knowing them to be false.

The defendant failed to respond to the claim, and default judgment was sought.

To prevail, the plaintiff's attorney must show that the defendant failed to operate his or her vehicle according to a specific standard of care at the time of the accident and that this failure caused the victim's death.

You and your attorney must provide evidence that the defendant failed to act reasonably, causing the defect that ultimately led to your injuries.

Once your attorney has established that the defendant failed to use due care, they will show that this failure was the cause of your injuries.

The plaintiff must prove that the defendant failed to behave with the level of care that a reasonable person in the same circumstances would have exercised, or violated a law or statute (negligence per se).

If your injury attorney can show that the driver who caused the fatal crash ran a red light or violated a crosswalk rule at the time that the accident occurred, they can use this as evidence to help show that the defendant failed to operate the vehicle with due care.

In respect of a passing off claim the Court examined the elements of the action and found that the defendants failed to establish that they had a reputation or goodwill with the average HD motorcycle rider, or owner in Canada — «that the average HD motorcycle owner knows of their existence and more importantly of the existence of their trademark and associate it with the defendants and no one else».

«It was clear to us from the outset that the defendants failed to live up to their preservation duty, but as an attorney you only have so many chances to seek sanctions, so you have to do it right.»

Further, each defendant failed to act with the care necessary to avoid potentially causing the plaintiff's loss, and each may well have in fact caused the plaintiff's loss.

At trial, the defendant failed to have the confession evidence excluded under s78 PACE but succeeded at the European Court of Human Rights, on the basis that the informer had conducted a quasi-interrogation on behalf of the state.

The fact that an answer brief is not filed in an appeal does not mean that the party filing the appeal automatically wins (as would be the case in a civil action in the trial court where the defendant failed to file an answer), but gives rise to a more lenient standard of review than in a contested appeal.

It could also be destroyed if the defendant failed to file a motion for DNA testing after being informed that the biological evidence could be destroyed.

What really shocks my clients though is how badly a lawsuit can become stalled when a defendant fails to comply with simple procedural steps.

According to the plaintiff, during the latter part of the pregnancy and on the day the baby was born, the defendants failed to respond properly to obvious signs of fetal distress which caused serious hypoxia; this resulted in the infant suffering permanent brain damage.

To recover compensation, the plaintiff must show that the product was designed or manufactured in an unreasonably dangerous manner or that the defendant failed to include appropriate warnings and instructions with the product.

In order to recover damages in a negligence case, the person filing the claim (the plaintiff) must prove: 1) the defendant had a duty to act a certain way; 2) the defendant failed to act according to that duty; 3) the plaintiff was injured as a result; and 4) the plaintiff suffered losses and expenses due to that injury.Attorney J. Todd Tenge has been handling personal injury claims for Boulder, Denver, and Fort Collins residents for 20 years, and has a consistent track record of very successful outcomes.

However, the defendants failed to submit proper evidence of damages sustained as a result of their detrimental reliance on the franchisor's allowing them to continue developing the store, the court concluded.

The defendant failed to yield the right of way, and pulled away from a stop sign into the path of the client's car.

In other words, the defendant failed to exercise reasonable care in fulfilling that duty.

$ 70,000 — Motor vehicle accident results in multiple injuries (March 2011) Defendant failed to yield at a stop sign and crashed into the Plaintiff.

To recover compensation following a crash, a victim must show that the defendant failed to use the appropriate care behind the wheel.

If you are able to establish that the defendant failed to exercise due care in operating their watercraft, you will be entitled to receive compensation for any expenses or losses arising from the accident.

A Madison Circuit Court will likely hear arguments alleging that the defendants failed to pay property taxes and insurance premiums for properties advertised and instead used the money for groceries, restaurants, personal expenses for the realty husband - wife team.

In this action, you will need to show that the defendant failed to use appropriate and prudent care when operating their vehicle.

To establish this, the plaintiff must present expert testimony about the appropriate standard of care that should have been used when treating the plaintiff, and that the defendant failed to meet the standard.

Justice Dley ultimately found the evidence only supported one breach — the defendant failed to ride her bike «as near as practicable to right side of the road,» as required by the B.C. Motor Vehicle Act.

Another potential issue on which a circuit split is developing is some circuits» (in my view inexplicable) insistence on applying some sort of plain - error review when a defendant fails to lodge a formal objection to the district court's misapplication of the 3553 (a) factors.

We alleged to the insurance company that the defendant failed to keep a proper lookout, failed to yield the right of way when entering the roadway from a private driveway in violation of 625 ILCS 5/11-906, and failed to exercise due care for the safety of those in the area.