Sentences with phrase «determined by litigation»

These rights can only be fixed by legislation or determined by litigation; and, if this is so, then perhaps we have an obligation to bring it to this head.

It contended that since the claim exceeded the maximum amount that the defendant could require a firm to pay a claimant, fairness required that it be determined by litigation in court, and the defendant should accordingly decline jurisdiction.

Not exact matches

If any litigation or other proceeding is brought by either party in connection with this Agreement or CRA's services, the prevailing party in the litigation or other proceeding is not entitled to recover from the other party all costs, attorneys» fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.

By looking at a company's revenues and historical data you should be able to determine fairly easily if those revenues can absorb the extra litigation costs easily.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more extensive treatment than matters of lesser complexity and consequence.

It's absurd that litigants must waste their time and stress limited court resources by trying to shoehorn 2017 litigation into nineteenth century law to determine which e-discovery activities constitute «exemplification» or «copying.»

The staff at the local courts will work independently on the litigation related to the finances with the timeline determined by the progress of the divorce.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

Whether the attorney had an interest in achieving the ends of the litigation should certainly be considered by a court determining what a reasonable paying client would pay.

Wall LJ is clear that the answer to the question of who should be responsible for the ongoing review of a parent's litigation capacity fell to be determined by the individual's legal team.

It was an intervention in the ongoing proceedings in Reilly No. 1 which had the effect of determining the litigation in the government's favour by retrospectively validating its unlawful acts.

First, the appellate court determined that legislative amendments to section 6147 — replacing prior language «plaintiff» with the current «client» verbiage — clearly demonstrated that 6147 applies to both litigation and transactional work by an attorney.

The rankings are determined based on searches public records to find outside counsel used by the Fortune 500 across seven key litigation areas.

Is the ESI relevant as determined by Rule 401 (does it have any tendency to make some fact that is of consequence to the litigation more or less probable than it otherwise would be).

The length of a case is determined by a number of different factors including the collection of evidence, negotiations, and litigation if the case goes to trial.

We guide our construction clients through both simple and complex construction litigation by determining the best strategy for handling their cases.

One issue that may arise in practice is as to whether documents created pursuant to an internal investigation to determine whether an entity must self - report a breach of the law are protected by litigation privilege.

When one is petitioning for fees or contesting a petition for fees, it is usually incumbent to utilize the lodestar approach by determining the prevailing hourly market attorney rates in the relevant community (most often, the county or district of the litigation venue in question).

The Laffey matrix is an inflation - adjusted grid of hourly rates for lawyers of varying levels of experience in Washington D.C. used for many years by the U.S. Attorney's Office for determining fees in litigation claims (especially civil rights litigation).

McLachlin also cited a legal paper on mandatory minimums written by Ontario Superior Court Justice Renee Pomerance: «The determination of a fit and appropriate sentence, having regard to all of the circumstances of the offence and offender, may be determined in plea discussions outside of the courtroom by a party to the litigation,» wrote Pomerance, about the practical impact of mandatory minimum provisions.

Looking ahead Although some moderation in civil litigation claims costs can be expected over time with the recent changes to Rule 48, the continued relationship between civil litigation costs and premium revenue by lawyers» primary area of practice will need to be monitored to determine whether any further action should be taken on this category in future years.

Because statutory minimums provide only the legal minimums, determining what constitutes «reasonable» notice is crucial for avoiding the possibility of litigation by employees who may be entitled to far more notice under common law.

By determining the best outcome, we stay steps ahead in creating the most strategic and result - focused negotiation, arbitration or litigation solution.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

[19] When such a demand is made, companies sometimes form a «special litigation committee» or «demand review committee» consisting of disinterested and independent directors to determine whether pursuing the claim proposed by the shareholder is in the company's best interests.

Instead, to determine whether a document is covered by litigation privilege a Court must look at the purpose for which each document was created, not the purpose for which it may have been collected or put to use.

The Mavrick Law Firm has successfully represented many start - up businesses by initiating litigation against the former employer and asking the court to determine that the non-competition contract is invalid and stop the interference with business relationships of the new business.

According to THR's post, «The Power Lawyers issue spotlights the Top 100 attorneys behind the year's biggest deals, major litigation, and other areas of entertainment, as determined by THR editors.»

In Various Claimants - v - Barclays Bank plc (Dr Bates (deceased) and Barclays Group Litigation)[2017] EWHC 1929 (QB), the court were asked to determine by way of preliminary issue whether Barclays Bank should be held vicariously liable for alleged sexual assaults committed by an independently - contracted doctor during the course of pre-employment medical examinations between 1968 and 1984.

By taking advantage of our free case evaluation, you can speak with a member of our qualified legal team who can discuss the circumstances regarding your firearm litigation claims, and determine whether your claims have merit.

Depending on the project, a working knowledge of structural, mechanical, design and construction customs, practices and standards can determine whether the problems relate to work performed or to a preexisting condition, or whether it was caused by the defendant or some other company not a party to the litigation.

The Injury Board was founded in 2001 by a handful of attorneys determined to help anyone needing legal assistance because of a personal injury or other civil litigation matter.

But that does not detract from the fact that the rulings supplied by the CJEU in such litigation are binding in the sense that they determine the content of Member States» legal obligations under the EU Treaties.

«This opens the door to large numbers of such requests being made and having to be determined, in the first instance by Google and other search engines, in compliance with a large and complex body of European and national law and regulation, with the prospect of referrals to the national data protection agency and litigation beyond,» notes Ledward.

This helps attorneys quickly determine whether each patent has been battle - tested by extensive litigation, and understand the results of that litigation to make better informed patent defense decisions.

«What we did was create a process for determining the litigation that the other side agreed to and was approved by the commercial list and satisfied our challenges in keeping the costs down,» says Peacock.

As we are a law firm focused solely on litigation, obviously, the efficiency of our help is primarily determined by lawsuits which we have won on behalf of our clients.

Medical Negligence Litigation - We are devoted and determined advocates for individuals and families harmed by medical negligence.

Determine case by case courses of action for pro se clients and assisting attorney's in small claim litigations

Supervised discovery phase of litigation by determining strategies for depositions, production of documents, and issuances of subpoenas and subpoenas duces tecum.

NOTE: The Employment Screening Resources ® (ESR) News Blog has a policy not to identify background check firms involved in litigation by name where no facts have been determined or no settlement entered into.

In most cases, results are predictable, the costs are less than litigation, and the scheduling of meetings is determined by agreement rather than by the court.

Schedule Determined by the Couple, unlike in traditional litigation, you and your spouse determine how much time you need to gather the information.