Sentences with phrase «defendants taking»

The complaint alleges the defendants take deposits and payments from collectors while continually delaying the delivery of purchased works.

Shortly before the defendants took their plea, counsel to the fourth defendant, E. C Ami asked the court for a short adjournment to enable him respond to the counter affidavit filed to the by the prosecution.

The defendant took $ 20 from the victim and his wallet, which contained $ 100 and personal documents.

defendants took place outside of Buffalo,» she wrote.

In a four - month period alone, the defendants took in nearly $ 700k in membership fees.

Apple and the Publisher Defendants recognized that coupling Apple's right to all of their e-books with its right to demand that those e-books not be priced higher on the iBookstore than on any other Web site effectively required that each Publisher Defendant take away retail pricing control from all other e-book retailers, including stripping them of any ability to discount or otherwise price promote e-books out of the retailer's own margins.

The complaint alleges the defendants take deposits and payments from collectors while continually delaying the delivery of purchased works.

The defendant took the position that the Insurance Act barred such an action.

The defendant took off a stencil of the phrase from the computer and showed the plaintiff the stencil.

But there is also an important concept that «the defendant takes the plaintiff as it finds him,» i.e. the defendant is obligated to pay damages for all of the consequences that flow from its negligence.

Not surprisingly, the defendants took the position that there is no free - standing tort of harassment and relied on the finding to this effect in a 2012 Ontario Superior Court decision dealing with workplace sexual harassment (Desjardins v. Society of Obstetricians and Gynecologists of Canada et al.).

The offer generated more media attention when two defendants accepted Kinder Morgan's offer, but nothing like the media coverage when one defendant took Trans Mountain back to court arguing for recognition of the civil suit as a SLAPP suit and court costs.

For example, if you were driving straight and the defendant took a left hand turn in front of you, in most (though not all) cases, they will be responsible for failing to yield the right of way.

[187] At trial, the defendant took little or no responsibility for the accuracy of the words complained of, routinely attempting to minimize or mischaracterize his own errors.

THR, Esq. reports that McCandless alleges that the defendants took his «persona» for commercial use on Dido's hit album, «Safe Trip Home.»

The defendant took issue with that and made an application to strike out the claim.

Moreover, if defendants take those cases to trial, some judges are more likely to impose a harsher sentence, while others will still give the mandatory minimum (albeit rarely).

On this basis, Goepel J. held that the Defendant took appropriate steps to inform the Plaintiffs of the terms of the release, and that the holding in Karroll applies to all contracts and not just hazardous activities where participants have some measure of control.

But the issue that caught my eye was that the plaintiff also sought additional costs of $ 50,000 as a penalty for the approach the defendant took to settlement and mediation throughout the action.

6 The defendant takes the position that the documents sought are not in the possession, control or power of the defendant and therefore the motion should be brought under r. 30.10 (1) particularly since r. 30.02 (4) is permissive.

He made this decision based on the fact that the insurer had denied the benefits for six years in order to delay payment to take advantage of the insured's economic vulnerability.5 Moreover, the claims advisor for the defendant took an adversarial approach and did not deal with the claim fairly and in a balanced way.6 As such, the insurer was deemed to have acted in bad faith and the plaintiff was awarded $ 200,000 in punitive damages.

Investigators retained by the defendant took videos of the plaintiff playing beach volleyball on August 22, 2013 (T. Oct. 31, 2013, p. 63, l. 7).

At trial, the defendant admitted that the accident was her fault and even agreed that the accident resulted in «some injury» to the plaintiff; however, the defendant took issue with the nature and extent of the plaintiff's claimed damages.

It depends on many things, including actions the Defendant takes, Court schedules and decisions the client makes.

A defendant takes a plaintiff as he finds her.

Fading of memories and loss of institutional knowledge is less of a factor when the defendants take such an active and aggressive role in litigation.

Under this rule, a defendant takes the plaintiff as he or she is.

The Defendant took the position that Alan Gordon continued to employ someone even though she had been charged with fraud and that he misled the Defendant about the fraud charges.

The Third Party Defendant takes no position.

Instead, the Defendants took steps which they knew or ought to have known were contrary to the process required by the paywall and to the terms and conditions which were extant and applicable.

As Justice McEwan noted (paras. 19 - 20), it was a ten - day trial «largely a result of the thorough approach the defendant took to the case,» even though «[c] ompetent counsel might have cut the time in half, because counsel generally know how much evidence is enough.»)

What the court seems to be saying here is that it's not enough that the defendant took money from the plaintiff and that the way in which the defendant took the money contravened the BPCPA.

When they sought the necessary funding from the LSC however, funding was denied because the defendant took the view that the clients» disposable income exceeded the level which entitled them to public funding.

There's no indication in this report of any suggestion to modify perhaps the most troubling aspect of punitive damages: that the punishment imposed on the defendant takes the form of an economic windfall to a plaintiff (and plaintiff's attorneys presumably) who has, by definition, already been «made whole» by the compensatory portion of the damage award.

Last paragragh of page 27 through to the conclusion (page 28) shows the defendant took little effort in making the corporate subsidary a legitimate independent entity, and «the corporation simply functioned as a facade for the dominant shareholder» would resonate with any «reasonable person».

Not exact matches

One reason, says Eisinger, is that court rulings have taken away tactics that prosecutors had used to pressure defendants, such as restricting attorney - client privilege and preventing their companies from bankrolling sky - high legal bills.

The Supreme Court refused to take the case and potentially give the defendant a retrial, but Sotomayor took the unusual step of writing a statement that condemned the prosecutor's words, Reuters reported.

New Mexico's grinding budget crisis is taking a toll in courtrooms where overburdened attorneys have denied legal counsel to poor defendants, at museums reeling from layoffs and admission hikes, and at state universities and colleges grappling with steep spending cuts.

FILE - In this Aug. 24, 2016, file photo, New Mexico Finance and Administration Secretary Duffy Rodriguez, from left, Taxation and Revenue Secretary Demesia Padilla and Legislative Finance Committee Director David Abbey give testimony to lawmakers about state budget shortfalls in Red River, N.M. New Mexico's grinding budget crisis is taking a visible toll in courtrooms where overburdened attorneys have denied legal counsel to poor defendants, at museums reeling from layoffs and admission hikes, and at state universities and colleges grappling with steep spending cuts.

If the plaintiff can prove that had the defendant not taken the music, if that was an infringement, then the plaintiff is going to argue that all those sales of the «Stairway» song should have been their sales, because it's the same song, it's their music.

Murder defendant O.J. Simpson consults with friend Robert Kardashian and Alvin Michelson, the attorney representing Kardashian, during a hearing about Kardashian taking the witness stand in the O.J. Simpson murder case 03 May in Los Angeles.

Also named as defendants: the estate of Cruz's late mother, as well as James and Kimberly Snead — the couple who took Cruz in when his mother died.

The Ninth Circuit took a similar approach in Berson v. Applied Signal Technology, Inc., and ultimately fashioned a standard for loss causation in Nuveen v. City of Alameda when it held that a plaintiff can establish loss causation «by showing that the defendant misrepresented or omitted the very facts that were a substantial factor in causing the plaintiff's economic loss.»

«This defendant chose to take their lives.

Filing a trademark violation case for using the world «Fortune» which they knew was owned by Time Magazine, and not them, was just a way to take advantage of the system by someone with more money that the poor defendant had.

Bailiff, will you please take both defendants back to their cells so that I can instruct the jury?

The government says over time some actions have been taken by the communities under state pressure to end the discrimination but that federal authorities are seeking a court order to prevent future discrimination by the defendants.

The defendant's failure to testify in his own behalf is not to be taken as a circumstance against him.

At Dayton, Bryan read out Darrow's famous excuse for the earlier defendants: «Is there any blame attached because somebody took Nietzsche's philosophy seriously and fashioned his life on it?

One of the lawyers, Abu Kaf, told CNN, «Security submitted their investigations 24 hours after the incident took place, naming 116 defendants.