Sentences with phrase «defendants seeking»

Instead, according to the Colorado Supreme Court, criminal defendants seeking a return of funds paid in conjunction with a later - vacated conviction must bring a separate civil suit under a Colorado statute — the Exoneration Act — in which, among other burdens, plaintiffs apparently have to prove their actual innocence by clear and convincing evidence in order to recover.

Additionally, given that breach of contract is actionable without proof of damage (if only for nominal damages) a strong floodgates argument is likely to be deployed by defendants seeking to avoid liability.

In 2000, Sullivan initiated a statewide Innocence Project to provide representation to defendants seeking post-conviction DNA testing.

The claimant brought an action against the third and fourth defendants seeking damages for conspiracy and fraud.

Represented client in obtaining a decision denying a motion JNOV by the Defendants seeking to overturn a jury's award of punitive and compensatory damages, inter alia, for tortious interference with contract.

The Supreme Court of Canada has dismissed two appeals from Alberta defendants seeking a right to trial by jury for Securities Act offences.

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

Levy spokesman Mark Smith said the county executive would move to quash the subpoena, adding: «This is not a court - ordered subpoena but was concocted by a desperate, pro se defendant seeking to create a Jerry Springer atmosphere to divert attention from his mortgage fraud indictment.»

Levy spokesman Mark Smith said in a statement that «this is not a court - ordered subpoena but was concocted by a desperate, pro se defendant seeking to create a Jerry Springer atmosphere to divert attention from his mortgage fraud indictment.»

In 2012, Defendants sought to develop a new game called «Star Citizen,» which was billed as an epic space adventure, trading, and dogfighting video game.

To make that game a reality, Defendants sought to use the CryEngine videogame development platform as its foundation.

The defendant sought a determination under ss.

However, unlike what occurred in the Unwired Planet case, in this action both Defendants sought a stay of the action on the grounds that (a) the actions were not justiciable in the United Kingdom and (b) if they were justiciable, the English Court should stay them on the basis that it was forum non conveniens and that the dispute should be determined in China.

In Merchantbridge, the costs - defendants sought to rely on the fact that the claimants «must have known when they brought this action that SGP1 [the defendant] would not be good for the money if it was successful».

The Defendants seek their costs in the amount of $ 8,634.43, made up of a representation fee of $ 7,500.00 and disbursements of $ 1,134.43.

The defendant sought leave to appeal an order dismissing her application for an order requiring the claimant to attend a second independent medical examination («IME») with an orthopedic surgeon.

The Court of Appeal then rejected assignor's due process argument, finding that assignor had notice that defendant sought a fee award on a surety basis — with ample opportunity to respond to defendant's request.

The Defendant sought production of police materials from these incidents arguing the documents were relevant given the allegations in the lawsuit.

The plaintiff did not approach the defendant seeking employment but rather was recruited to become the defendant's Country Manager of its Canadian operations.

Football's governing body turns to Quinn's white collar head while individual defendants seek own legal advice

In a slip and fall case at a business establishment (where the victim fell on a transitory substance), when a defendant seeks a summary judgment, they are basically saying that the requirements of Florida Statute 768.0755 were not met.

Plaintiff takes issue that no defendant sought disclosure to anything contained within the statement of claim.

While the defendant sought to distinguish instances of group litigation from these rules and precedents of general litigation, the court failed to acknowledge such a distinction.

defendant sought court order to compel plaintiff to download the content of her social networking site under direct supervision (rather than just not update the site)

A convicted defendant seeking a CCRC review can obtain a straightforward, standardized application form that the CCRC has made available.

[1] The appellant, who is a lawyer, brought an action in Small Claims Court against the defendant seeking damages in the amount of $ 14,933.22 for breach of contract.

However, referring to the Claimant's non-co-operation and to a number of authorities where this factor has been considered, the judge summarised the position thus: «On the one hand, non-cooperation may have the effect of substantially increasing the length of the reasonable time for which a person may be detained while the Defendant seeks to effect his removal.

Considerable rent arrears accrued and the defendant sought an order for possession on ground 8 in Sch 2 to the Housing Act 1998.

Carriage of goods by air — Carrier claiming air freight from defendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common - law rule precluding set - off against freight extended to carriage by air.

The Defendant sought leave to appeal the decision to the Divisional Court.

On motion, the defendants sought an order requiring the plaintiff to attend at a second physical examination with Dr. Axelrod, an orthopedic surgeon.

In this fast track personal injury claim the defendants sought an order for production of various documents and records, including photographs and videos from the claimant's social media accounts or platform (Wilder v. Munro, 2015 BCSC 1983).

As most defendants seek to overwhelm smaller plaintiffs» firms with their vast resources and in - house workforce, we provide the services needed to fight back and ensure a fair playing field when it comes to electronic discovery production.

In response to the claimant's statement of intention to rely on the report, the defendant sought a declaration that the report was inadmissible.

In Galliford Try the defendant sought an order that certain parts of a witness statement (made by a director of the claimant) be removed from the trial bundle on the basis that the material in the witness statement and the associated exhibits related to without prejudice discussions.

The defendant sought permission to rely on a report from an engineer but this was refused, on the basis that it was for the claimant to produce the evidence that she needed to prove her case.

The Defendant sought costs and an issue arose about who was best to address this, the presiding judge for the initial trial or the judge who would ultimately oversee the mistrial.

[91] The defendants sought to argue that the plaintiff could have made up some time by taking more courses in the summer.

Here, defendant sought a protective order or, alternatively, an extension of time to respond.

In all cases, the Ontario - based plaintiffs sought to have their claims tried in Ontario and in all cases the foreign defendants sought to stay the actions on the basis that Ontario courts did not have jurisdiction over the claims against them or, alternatively, on the basis that Ontario was not a convenient forum for those claims.

[21] The issue in this case is whether counsel's statements provide a sufficient evidentiary foundation for the orders that the defendant seeks.

When the plaintiff chooses to go ahead with the sale while the appeal is pending, and the defendant seeks a stay, the only guidance comes from older cases addressing stays pending review in foreclosure cases.

Defendant sought review of his conviction in Municipal Court for driving under the influence.

The three defendants sought to stay Haas's action under s. 7 (1) of the Arbitration Act so that the dispute could proceed by way of arbitration, as provided for in the shareholders» agreement.

Tom successfully represented the Defendant seeking the discharge of a freezing order.

Defendant also successfully resisted a motion for rehearing and reconsideration by the nonprevailing plaintiff, with defendant seeking CCP § 128.5 fees in his responding papers.

When that motion was denied, the defendant sought, and was refused, an adjournment.

Our takeaway from this holding is that a defendant seeking to show that it is providing access to the information and services on its website through a telephone line must submit more robust evidence about how that telephonic provides equal access.

The Court even went to far as to hold that «(w) e will not presume a plaintiff consented to such communications simply because the plaintiff did not object when defendant sought plaintiff's medical records pursuant to a subpoena or request for production of documents.»

Defendant sought review with the Florida appellate court.