Sentences with phrase «dismissing plaintiff»

In refusing to grant summary judgment fixing the applicable notice period and dismissing the plaintiff employee's claims for moral and punitive damages in a termination without cause case, the Honourable Justice Margaret Eberhard in the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, held that the answer may be that no, the employer can not terminate the employee's employment on a without cause basis with impunity.

Plaintiff moved for reconsideration of the court's order dismissing plaintiff's New Jersey Wage and Hour Law claim.

In Calliste v. State Farm, the insurer brought a summary judgment motion for an order dismissing the plaintiff's claim for medical benefits and income replacement benefits.

Recently, a state appellate court issued a written opinion dismissing a plaintiff's complaint against the defendant, based on the fact that the plaintiff concealed prior injuries that he had suffered.

In a striking example of how complex brain injury litigation can be, lengthy reasons for judgment were released today dismissing a Plaintiff's claim that 2 accidents caused / contributed to a Mild Traumatic Brain Injury (MTBI).

In dismissing the plaintiff's action the judge wrote at paragraphs 56 to 62:

The company, after dismissing the plaintiff, exercised its option to repurchase the shares.

Recently, a state appellate court issued a written opinion dismissing a plaintiff's complaint against the defendant, based on the fact that the...

Obtained a favorable summary judgment dismissing plaintiff's claims.

Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, dismissing a plaintiff request to strike a jury notice in an ICBC injury claim.

After dismissing the plaintiff's claim under British Columbia Occupiers Liability Act, [2] the Court assessed the negligence claim.

In dismissing the plaintiff's action, the court agreed held that the reasonableness of a lawyer's impugned conduct will be assessed in light of the time available to complete the work, the nature of the client's instructions and the client's experience and sophistication.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

Earlier this month, a federal appellate court issued an opinion dismissing a plaintiff's appeal based on the plaintiff's failure to object to an alleged error at trial.

[34] Given the factual background in the case at bar, it is abundantly clear, beyond any doubt, that the defendants are entitled to an order dismissing the plaintiff's action.

The trial court subsequently entered summary judgment in favor of the defendant dismissing plaintiff's complaint with prejudice.

The court dismissed the plaintiff's tort claims for defamation and intentional infliction of emotional distress — but didn't dismiss her claim based on her «right of publicity».

Johnson dismissed plaintiffs» constitutional challenges to the Nevada ESA program, formally called the Choice Scholarship Program.

On August 7, 2009, Judge David G. Campbell of the Arizona federal district court dismissed the plaintiffs» complaint against Petland and Hunte Corporation.

The absence of any evidence of causation leads to the result that there is no genuine issue requiring a trial, and this court must dismiss the plaintiff's action.

My summary of the case is: A trial judge — he wasn't named in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim against the defendant bank and a solicitor for breach of fiduciary duty and negligence.

In Perry, Executrix of the Estate of Margaret Hall v. Marshall, Unreported, Vancouver Registry A992882, January 29, 2001, Mr. Justice E.R.A. Edwards dismissed the plaintiff's claim involving an alleged inter vivos transaction, and awarded the defendant costs on scale 3.

In a suit over contaminated real estate (2017 ONCA 16), the Court of Appeal allowed an appeal from the order of Kelly Wright, J., who dismissed the plaintiff's action as statute barred.

As a result, the judge dismissed the plaintiff's action.

In reasons for judgment released this week, the Court of Appeal in Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury notice.

And the judge knows what defendants are asking him to do — dismiss plaintiffs» complaint.

It seeks to dismiss the Plaintiff's claim for compensation for property damage incurred in a house fire.

Not so shockingly, the Court of Appeal dismissed the plaintiff's appeal.

The trial judge dismissed the plaintiff's action.

Northrop brought a motion to dismiss the Plaintiff's claim, arguing that the Ontario Court should decline jurisdiction based on the RFP Terms and Conditions» forum selection clause.

The Court of Appeal dismissed the unrepresented plaintiff's appeal from Justice Perell's judgment, which summarily dismissed the plaintiff's action against lawyer D. Walcott retained lawyer D to collect a $ 248,000 unsecured loan.

Mackinnon, J. dismissed the plaintiff's action.

The trial judge would eventually dismiss the Plaintiff's claim.

The BC Court of Appeal agreed and dismissed the Plaintiff's lawsuit.

Finding that the officer's conduct was not extreme or outrageous, the circuit court granted the defendant's motion and dismissed the plaintiff's case.

Thus, the court decided that the lower court was improper to dismiss the plaintiff's claim based on the waiver.

The Superior Court of Justice dismissed the plaintiff's motion.

In January 2005, a judge dismissed the plaintiffs» claims for legal malpractice and breach of fiduciary duties, saying they had been filed outside the statute of limitations, Law.com reported.

In a Texas medical malpractice case, the lower court dismissed the plaintiffs» claim without giving them a 30 - day extension to fix deficiencies in...

Following the Firm's filing a motion to dismiss plaintiff's complaint, the case settled on terms favorable to the Firm's clients.

The Court dismissed the Plaintiffs» claims for failing to comply with the Section 24 (2) notice requirement, commenting that:

In the trial judgment in Broesky, Mackinnon J. dismissed the plaintiff's action after finding that she did NOT retain the solicitor to prosecute her tort action or her SAB claim, but rather only her action for disability benefits.

The lower courts dismissed the plaintiff's pretrial motion to exclude all evidence of the second accident.

The Judge dismissed the Plaintiffs» Ontario action.

The Ontario Superior Court of Justice found that the employer, Gracious Living Corp., wrongfully dismissed the plaintiff - employee after having temporarily laid him off for three (3) months, despite having complied with Employment Standards Act («ESA») requirements regarding temporary lay - offs.

The court found that the employer did not have cause to dismiss the plaintiff.

The Court found that the circumstances established by Xerox had constructively dismissed the Plaintiff.

Finding that the state was entitled to immunity, the court dismissed the plaintiff's case.

The Court of Appeal dismissed the plaintiffs» appeal.

In a Texas medical malpractice case, the lower court dismissed the plaintiffs» claim without giving them a 30 - day extension to fix deficiencies in their expert reports.