Sentences with phrase «defendants who»

A recent Supreme Court of Canada decision, R. v. Jordan, set a precedent around defendants who face excessive delays, ranging from 18 months in a provincial court to 30 months in federal court.

I agree with John that many nuisance suits feature repeat - player corporate defendants who are pursuing maximizing strategies over their entire case portfolios.

Statewide, there are more than 100 defendants who must be resentenced under the ruling, according to Barry University's Juvenile Justice Center, which tracks the Graham cases.

The plaintiff appealed on two grounds: that the motion judge erred in i) interpreting the scope of the forum selection clause and ii) staying the action against the defendants who were not party to the... Read More

New York Commercial Litigation associate Paul Stinson explains the precedent set in Colorado that will be of value for aviation defendants who find themselves litigating in forums that recognize federal preemption of the field of aviation safety.

Finally, Macintosh J. stayed proceedings against all the defendants who were not parties to the arbitration agreement.

In contrast, defendants who lose at the trial court level are granted reversals in 41 percent of their cases.

Default judgment is the procedure for dealing with defendants who completely fail to engage with the court.

We survive by doing high quality judicial review (JR) and other work, for which we are rewarded appropriately by awards of costs from defendants who have let our clients down.

Most notably, Ms. Gasiorowski represented one of the two capital defendants who avoided an execution sentence in the federal death penalty trial of individuals involved in the bombings of American Embassies in Tanzania and Nairobi, Africa.

This gives injured plaintiffs an option to immediately pursue personal assets when the defendants who injure them do not carry sufficient insurance to cover the damages they cause.

A public defender is an attorney appointed by the court to represent defendants who can not afford a lawyer.

«Typically, criminal defendants who assert that they have been represented by ineffective counsel do so after a conviction and on a case - by - case basis.

As a panel member, Rob handles the appeals of criminal defendants who have been found guilty at trial.

Sometimes, defendants who can prove that they believed a contested statement, win.

«But they have named defendants who are not responsible for providing the services.»

Our staff and panel attorneys represent indigent state defendants who have been convicted and punished for crimes they did not commit.

«The legislation is in response to new guidelines released by the state's Office of Indigent Legal Defense that drastically increase the number of criminal defendants who would qualify for a free public defender by doubling the income cutoff from 125 percent of the federal poverty threshold to 250 percent.

For criminal defendants who committed no crime, the pressure can feel harder in deciding whether to go to trial or enter a negotiated settlement, seeing that sometimes innocent people get convicted, whether because of false testimony, erroneous connection to evidence, or faulty evidence.

He will not back down from insurance companies who refuse to pay out claims or defendants who refuse to take responsibility for their wrongful actions.

«For the first time, New York State is acknowledging its constitutional responsibility to provide lawyers to poor defendants who have been forced to navigate the criminal justice system undefended and alone.

However, I have assisted many clients in finding «non-obvious» defendants who were held accountable by law.

Megan Shortreed acted for the successful «non-media» defendants who got a libel claim against them struck out because they were not served with notice pursuant to the Libel and Slander Act.

There are some circumstances in which the courts have allowed recovery of punitive damages and non-pecuniary losses against defendants who are not your employer.

94 See D. Brock Hornby, Summary Judgment Without Illusions, 13 Green Bag 2d 273, 278 (2010)(«State court defendants who believe they have a shot at winning summary judgment frequently remove their cases to federal court if there is jurisdiction.

In some cases, there may be other defendants who are in part responsible for the damages you sustained in an assault, and they may have insurance coverage or other assets that make it possible to obtain compensation for your damages, even if the defendant him or herself has limited assets and no insurance coverage.

Most defective medical device cases involve complicated state and federal regulations as well as defendants who are typically large corporations.

Some 20,000 criminal defendants who were convicted of drug charges could potentially have their convictions dismissed, or cases retried, as a result of the state's debacle concerning Ms. Dookhan's misconduct while working in a Boston - area drug analytics lab.

There too the system is burdened with a disproportional number of defendants who would not be there but for their substance abuse issues.

However, this can be an advantage to some defendants who may prefer to deal with an initial class - action up front, such as tobacco companies.

Representation of city in post-judgment motions and appeal of whistle blower case where the jury awarded Plaintiffs $ 27 million in actual and punitive damages against three Defendants who allegedly retaliated against Plaintiffs for exercising their First Amendment rights and whistle blowing.

The same principle holds true for Defendants who don't accept blame for their actions and unsuccessfully try to pass the buck by dragging a «Third Party» into a lawsuit.

ICBC appealed arguing «the purpose of the appeal on costs was to reverse what he described as a trend in the trial court wherein plaintiffs who succeed in «beating» an offer to settle are routinely awarded double costs but defendants who have made an offer to settle that was rejected but well within the claim value are deprived an order of costs.

Josh Marshall agrees in this post at Talking Points Memo, opining that as a matter of policy, courts do not like to grant plea withdrawals because defendants who get stiff sentences will always try to withdraw their plea.

In a post here in January, we picked up on several news reports that said that the two female Yale law students suing over threatening and demeaning comments made about them on the college - admissions forum AutoAdmit.com might never be able to identify the John Doe defendants who posted the comments.

«This policy is really one that serves the interests of a small group of well - heeled defendants who actually have the resources to pay compensation to investors.»

Warman had tried to get the court to compel disclosure from one of the defendants of information that would help identify various other defendants who had posted on anonymously on the internet message board run by the first defendant.

Conversely, the costs of certification are typically driven up by defendants who are seeking to use the certification motion as a test drive for the merits of the litigation.

No - one had then expected all defendants to be able to make a «Pt 36 offer» without producing the settlement money up front: the government's consultation paper and previous case law had suggested this was appropriate only for defendants such as public sector defendants who were self - evidently «good for the money», although Lord Woolf's reports had considered such a change in 1997.

Accordingly, we conclude that the disparity between Appellants» sentences and the sentences imposed on similarly - situated defendants who are prosecuted in fast - track districts is not unwarranted.

Mr. Cacace, who argued the appeal, added: «The Federal Circuit made it clear that the America Invents Act is not a one - way ticket to federal court for defendants who assert patent infringement counterclaims in an attempt to create federal jurisdiction where there is none.

An experienced Prince George slip and fall accident lawyer can help you determine all of the potential defendants who may share responsibility for your accident.

However, in some cases, juries and courts can award what are called «punitive damages,» which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest.

May 8, 2006)(available here) discusses at some length the defendants» contention that «the disparity between their sentences, and the sentences imposed on similarly - situated defendants who are prosecuted in districts with fast - track programs, is unwarranted and renders their sentences unreasonable.»

These researchers found that jurors had a higher propensity to acquit defendants who were advocated by aggressive lawyers.

More than 30 years ago, Congress identified what it said was a grave threat to the American promise of equal justice for all: Federal judges were giving wildly different punishments to defendants who had committed the same crimes.

At times, the prosecutors aren't interested in negotiating with the defendants who represent themselves.

It was counsel for the CN Defendants who chose in direct - examination to ask Dr. Glynn - Morris about testing of the plaintiff for Hepatitis C.

The case arose out of a coup d'etat in Sierra Leone in 1994, spearheaded by the three defendants who were the leaders of the «Armed Forces Revolutionary Council,» which led to horrific atrocities.

Judge Baylson had 31 Malibu Media cases referred to him, making it far more reasonable to join five of the defendants who had already filed motions in their cases.