Sentences with phrase «defendants made»

Homebuyer sued the sellers and sellers» representative, claiming that repairs were not made as agreed to in the contract, that defects were hidden, and that the defendants made misrepresentations regarding the septic system.

The purchasers alleged that the actual costs were more than 15 percent, but the defendants made it look like the costs were approximately 6 percent.

In a study of defendants before the Magistrates Court in NSW Indigenous defendants made up 21.9 % of public order offences (for instance offensive conduct, offensive language, assault police and resist arrest).

Throughout that period, «defendants made false or misleading statements and failed to disclose that Facebook violated its own data privacy policies by allowing third parties access to personal data of millions of Facebook users without their consent,» according to the complaint.

The affidavit evidence tendered by the defendants made it apparent to the motions judge that the process server was untruthful in swearing his affidavits of service.

The trial judge found the defendants to be credible and concluded that there was no basis for finding that any of the defendants made any promises or commitments to Mr. Mehedi that went unfulfilled.

He claimed that he was induced into entering the relationship by way of misrepresentations and fraud, including that the defendants made the following misrepresentations:

The only connection to British Columbia was that pre-contract meetings took place in the province on April 8 and 9, 2015, where Northwestpharmacy alleges that the defendants made fraudulent misrepresentations.

Lawyers for the plaintiff and the defendants made their oral submissions before Chief Justice McLachlin, along with Justices LeBel, Abella, Rothstein, Cromwell, Karakatsanis, and Wagner.

Prior to trial the Defendants made a formal offer of $ 321,407.

Under U.S. law, to win a defamation claim, plaintiffs must prove that the defendants made false statements of fact.

The action alleges, among other things, that during the Class Period, the defendants made misrepresentations and omissions with respect to the costs overruns of the Kaunisvaara Project.

But defendants made the wrong decision about going to trial far less often, in just 24 percent of cases.

The defendants made an application for those counts to be stayed.

The trial judge found the defendants to be credible and concluded that there was no basis for finding that any of the defendants made any promises or commitments to Mr.... [more]

One of the witnesses was never on my witness list and the attorney of defendants made it up and misled judge.

After New Mex and the directors pleaded guilty to their respective charges, a sentencing hearing was held in which the Crown and defendants made separate arguments to support their view of the appropriate penalties in the case.

The Defendants made an Offer to Settle.

In her view, both sets of defendants made statements that alleged or implied facts that could be defamatory or otherwise actionable, e.g. that Mann engaged in fraud or other disreputable conduct.

He alleged that the defendants made use of some photographs he took at the traditional wedding of 2face and his wife, Ani in Uyo, Akwa Ibom State in 2013 without duly attributing the work to him or acknowledging him contrary to an alleged agreement.

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.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) Crypto unlawfully engaged in a scheme to promote and manipulate the Company's stock; and (ii) as a result, Crypto's public statements were materially false and misleading at all relevant times.

The Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements in the IPO's Registration Statement regarding the Company's business, operational and compliance policies.

«With an operating margin of over 37 %, very high for the mutual fund industry, defendants made a fortune off of the plan's investments in proprietary funds.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company conspired with other dental supply companies to violate federal antitrust laws; (ii) discovery of the foregoing conduct would subject the Company to heightened regulatory scrutiny and potential criminal sanctions; and (iii) that as a result of the foregoing, Henry Schein's public statements were materially false and misleading at all relevant times.

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) Ericsson prematurely recognized revenues and improperly delayed the recognition of costs related to services contracts; and (2) as a result of the foregoing, Ericsson materially overstated its revenues, margins, and profits during the Class Period.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) Akorn's failure to comply with FDA data integrity requirements would jeopardize Fresenius» acquisition of Akorn; (ii) the Company lacked effective internal controls over financial reporting; and (iii) as a result of the foregoing, Akorn shares traded at artificially inflated prices during the Class Period, and class members suffered significant losses and damages.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) BRF employees paid bribes to regulators and politicians to subvert inspections in order to conceal unsanitary practices at the Company's meatpacking plants; (ii) the foregoing conduct, when it came to light, would foreseeably subject the Company and its officers to heightened regulatory enforcement and / or prosecution; and (iii) as a result of the foregoing, BRF's public statements were materially false and misleading at all relevant times.

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials for GED - 0301 suffered from fatal design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDA.

Both sides say their disagreements remain amicable, but Ms. Mark - Viverito's proposals are plainly in tension with the mayor's preferences: Besides adding 1,000 officers, which she says is essential to retraining the police force, she has also called for creating a public fund to help low - income defendants make bail.

Because the cops could never find the murder weapon, the state's case comes apart at the seams when the defendant makes an undisputed accusation that his confession had been beaten out of him by an officer who had been secretly sleeping with his wife.

Regarding the following problem, envision a TV courtroom drama scene, where the prosecuting attorney raises some action the defendant made, the defense attorney objects, and the prosecutor replies with, «goes to motive!»

The defendant made an offer of 50:50 whereby each party shared equal responsibility and if accepted would have paid the other 50 % of their respective claims.

The first call this defendant made was to his criminal defense attorney,» prosecutor Cara Convery said.

It applies also when the defendant makes use of the plaintiff's name or likeness for his own purposes and benefit, even though the use is not a commercial one, and even though the benefit sought to be obtained is not a pecuniary one.

It alleges that by selling the Filmspeler the defendant makes an act of communication to the public under Article 3 of the Information Society Directive (InfoSoc Directive) as implemented into Dutch law, which requires authorisation from the right holder.

Threat: The prosecutor must prove that the defendant made a verbal or written threat.

The typical structured settlement follows this format: An injured party comes to a negotiated settlement of a tort suit with the defendant or the defendant's insurance carrier, where in which the defendant makes a series of periodic payments, in exchange for the claimant's dismissal of the lawsuit.

The 56 - year - old male motorcyclist, a teacher by training, was out for a pleasure ride on the mountain highways when a car driven by the defendant made a wide and excessively slow left turn, without a left - hand signal, onto the highway.

In a defamation claim, the plaintiff normally has to show that the defendant made a false statement and that the defendant carelessly «published» or in this case, broadcasted the false information.

The defendant made application to extend time for compliance with an unless order and for relief from sanctions.

[79] The defendant makes a general assertion that none of the words complained of were defamatory due to the defendant's reputation.

If I were a defendant making an offer to settle damages, while knowing I would have to pay again to settle class counsel fees, I might deduct my estimate of my maximum possible fee payment from my final offer on the damages negotiation.

From reading paragraphs 25 - 29 of the judgement it appears that the lawyer for the defendant made a formal offer of settlement prior to trial which was greater than the judgement.

In this week's case (Pang v. Dhalla) the Defendant made a lane change into the Plaintiff's lane of travel.

The Plaintiff's case was that the Defendant, «wrongfully and in breach of the various duties and contractual terms... caused the Plaintiff to enter into transactions that were unsuitable for the Plaintiff and caused the Plaintiff loss and damage and the Defendant made representations referred to above negligently.»

The defendant made a § 998 offer at the time of the trial of $ 941 thousand.

At trial, the plaintiff presents the written contract as real evidence of the agreement she and the defendant made and that the defendant breached when he didn't have the cash for the plaintiff on September 20 as stated.

I am not aware of a reported case in Canada where the defendant made a statement from the dock before the addresses of counsel to the jury.

The defendant made the helmets for the first Star Wars film in 1976.