Not exact matches
Along
similar lines,
in this most recent Citi
case, Rakoff has asked the SEC to explain why the court should «impose a judgment
in a
case in which the SEC alleges a serious securities fraud but the
defendant neither admits nor denies wrongdoing.»
The firm has been an innovator
in organizing and prosecuting individual class
cases across many states involving the same
defendants and
similar factual and legal issues.
Further, he said he believes other
defendants charged on the same day last year could be making
similar requests to get their criminal
cases tossed out or re-assigned to courts
in upstate.
All of us involved
in the
case — recall that Jesse Rothstein and I served as the expert witnesses on behalf of the plaintiffs, and Thomas Kane of the Measures of Effective Teaching (MET) Project and John Friedman of the infamous Chetty et al. studies (see here and here) served as the expert witnesses on behalf of the
defendants — knew that all of the plaintiffs» claims would be tough to win given all of the constitutional legal standards would be difficult for plaintiffs to satisfy (e.g., that evaluating teachers using their value - added scores was not «unreasonable» was difficult to prove, as it was
in the Tennessee
case we also fought and was then dismissed on
similar grounds (see here)-RRB-.
While there is precedent for filing the suit against all of the
defendants together, other
similar cases have resulted
in a judge ordering that there be separate trials for each
defendant, making the plaintiff much less likely to sue each offender.
replete with such language: it disdains the district court's «abrupt handling» of Appellant's first
case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for
defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion
in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief
in the absurd that is
similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»
For example,
in a motor vehicle accident
case, a
defendant driver owes all other drivers on the road to act as a reasonably prudent and careful driver would act under the same or
similar circumstances.
This tells you whether
cases referencing
similar arguments as your brief generally rule for plaintiffs or
defendants, whether the
cases you've cited are vulnerable to attack, and the ratio
in your brief of
defendant - winning to plaintiff - winning
cases.
Aaron Street: Yeah I mean I think this can be taken too far, so if you had an example like Brad where he only represents criminal
defendants and therefore there's no risk of him having a conflict come through the site when he's getting actual information about actual
cases, but you could see
in a litigation, let's say a family law lawyer, if their website were trying to collect information to provide tools as both an intake and access to justice solution that you potentially run into tremendous conflicts of interest problems there and I think obviously any lawyer considering pursuing this for their firm should think through the implications of their particular situation, but I think what Brad's doing is awesome
in the context of his criminal law practice and I think there are versions of a
similar model that could be used
in something like your debt collection defense practice or a small business startup practice or an estate planning practice, but that doesn't mean that it's a model that should be replicated by every lawyer
in every practice.
Punitive damages are awarded
in especially serious
cases where a
defendant exhibited extreme negligence or recklessness and are meant to deter
similar behavior
in the future.
In civil medical negligence cases, the jury must determine whether the defendant acted as a reasonable person in the same or similar circumstances would ac
In civil medical negligence
cases, the jury must determine whether the
defendant acted as a reasonable person
in the same or similar circumstances would ac
in the same or
similar circumstances would act.
In many
cases, juries may also assess punitive damages as a means to punish the
defendant health care providers to prevent
similar future negligence.
However, Lord Mance (at paras 51 — 52) left the door wide open for a
defendant to argue contributory negligence
in a
similar case in the future:
Punitive damages are awarded as a punishment to the
defendant for malicious negligence
in the
case, and to deter
similar behaviors
in others.
He agreed with the reasoning of Justice Mesbur
in a
similar case (D.J.F. v. B.L., 2008 CanLII 39786 (ON SC)-RRB- where it was held the
defendant's actions brought the claim squarely within the exclusion clause the insurance company relied on and likened it to the
case at bar.
Since the ramifications may be extreme, such as the loss of your job and months or years behind bars, you should locate and be represented by an attorney who has experience and has successfully represented
defendants in similar cases.
The charges that will be filed
in a specific
case will depend on the seriousness of the offense, the
defendant's history of
similar behavior, and the
defendant's criminal record.
Apple points to a recent criminal
case in which a circuit court (
in that
case, the United States of Appeals for the Eighth Circuit) «denied a
similar request for remand despite an indicative ruling that the criminal
defendant's motion to adjust his sentence raised a «substantial issue,» and that the district court would apply a new sentencing approach if the
case was remanded».
In a personal injury case, you must prove the defendant failed to act the way a reasonably careful person or entity would have acted in similar situation
In a personal injury
case, you must prove the
defendant failed to act the way a reasonably careful person or entity would have acted
in similar situation
in similar situations.
The Court's decision marks the third consecutive time that Farmers and the other
defendants have prevailed on a motion to dismiss for failure to state a claim
in the lead
case, and suggests that the remaining
cases in the MDL may suffer a
similar fate.