Sentences with phrase «egregious conduct of»

Not exact matches

«There is enough grey in grey marketing law and the lack of federal government enforcement of labelling and packaging laws to prevent the characterization of the defendants» conduct as sufficiently egregious to attract further condemnation from the court,» Myers wrote.

These gay haters were cut from the same pattern as were those who conducted The Inquisition and the egregious, low down acts from the Fifties with their penchant for mistreating Blacks, as were those who used the Bible to make slaves out of them.

«We haven't funded a shareholder case for a couple of years now, so we are very strict on the view that we are only going to fund shareholder claims where we believe the conduct has been egregious.

IMF does not take on borderline cases and internally, the litigation funder is referring to the claims of deceptive and misleading conduct against Treasury Wine Estates as «egregious».

«To us as a party, the most egregious of the faux pas committed by INEC is asking the APC to lawfully nominate a candidate for the supplementary governorship election without a valid and legally cognizable primary election of the party conducted within the mandatory timeliness specified by the electoral act.

His defense attorney, Todd Greenberg, admitted to the judge that Meng's conduct represented «an egregious breech of trust.»

Whether we're talking about free speech on Usenet, the policy questions of legitimate marketing and com - mercial activity conducted over email, or the desirable but spam - ish mes - sages that trip the filters and disappear, there is always friction not around the most egregious case (no one argues for Leo Kuvayev's «\ / 1@gR / - \» messages) but at the blurry places where spam threatens to blend into acceptable use, and fighting one might have a deleterious effect on the other.

As for the suggestion that the judge should have held a competency hearing, how could a judge conduct a meaningful «competency» hearing against a defendant when the judge was the incompetent party, i.e., «altogether uninformed» and «egregious lack of knowledge» on the issue of self - representation rights as admonished by the court of appeals.

After reviewing commentaries on Articles 18 and 34 of the UNCITRAL Model Law, the Court of Appeal, without deciding on how serious or egregious the conduct must be before a violation could be established, said that the conduct complained of «must be sufficiently serious or egregious so that one could say that a party has been denied due process.»

The trial judge's findings on the claim for punitive damages undermine the finding of conduct that was sufficiently egregious as to give rise to a claim of aggravated damages.

In this case, the Virginia Court of Appeals found evidence in the record of husband's egregious conduct toward wife, thus justifying the divorce court judge's ruling that husband was not entitled to spousal support.

In the Court of Appeal, she argued that the damages were too low given the employer's egregious conduct and asked for a new sum of over $ 1 million.

However, most articulations of the Whiten rationale have limited its application to clearly harsh or egregious conduct by an insurer.

Seven of the nine judges who heard the case agreed: «Honda's conduct in dismissing Keays was in no way an egregious display of bad faith justifying an award of damages for conduct in dismissal.»

«There was some egregious conduct to the level of written reprimand being issued, the most recent one in January.»

«It is hard to prioritize the bad conduct on the part of Joel during this whole process as there are so many egregious incidents of Joel taking advantage of Pamela.»

Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.

No matter how egregious the insurance company's conduct is towards the accident victim and how deserving they are of a punitive award for this bad faith, the accident victim can not choose to go to the Superior Court.

However, the conduct of the employer was not so egregious enough that punitive damages should be awarded.

Despite formal exhortations like this, there's a growing feeling in the legal community that Groia has been treated unfairly, and that careful review of what actually happened shows his conduct was not egregious.

There is reluctance on behalf of judges to wait for referrals to the law society, except in cases of particularly egregious conduct, he says.

Punitive damages, if the circumstances of your case warrant pursuit of an award that would serve to punish the defendant for egregious conduct.

[50] Regardless of the precise language used, the key point is this: abuse of process refers to Crown conduct that is egregious and seriously compromises trial fairness and / or the integrity of the justice system.

Punitive Damages — Punitive damages are available in cases in which the conduct of the defendant is established to have been particularly egregious.

Of course, punitive damages may apply to other situations as well if the conduct of the at - fault individual was particularly flagrant and egregiouOf course, punitive damages may apply to other situations as well if the conduct of the at - fault individual was particularly flagrant and egregiouof the at - fault individual was particularly flagrant and egregious.

The recovery of punitive damages instead has been limited to particularly egregious conduct.

Finally, there are a number of common law torts that employees may rely upon where an employer's or co-worker's conduct is particularly egregious but does not relate to labour standards or human rights laws.

The trial court noted the defendant's «egregious» conduct, sustained Stemke's punitive damage award, and granted remittitur of Coalson's award, and reduced it by half.

They're only recoverable under certain circumstances, where the conduct of the defendant who caused the death was particularly egregious.

On our review of the record, the trial judge demonstrated admirable restraint in the face of the appellant's egregious conduct both before and during the trial.»

West Coast LEAF joined a coalition of women's organizations from across Canada to intervene in the September 2016 inquiry into the conduct of Justice Camp, who came under fire for asking a sexual assault complainant why she couldn't just keep her knees together and making numerous other egregious comments during the trial.

As such, the dissent is heartfelt and invokes value - laden terms such as the «exceptional assault on the public's sense of justice» in the face of «egregious state conduct.»

The common law standard applied by Virginia courts requires the «most egregious conduct» to justify an award of punitive damages.

If the lane departure crash arises out of egregious conduct, such as drunk driving, you may be able to recover punitive damages as well.

For a proprietary claim to succeed, and irrespective of how egregious is the defendant's conduct, the defendant must have either assets of the claimant or assets which are substitutes of the assets the defendant appropriated.

Reducing awards twice for the same past conduct is egregious unfairness to people who have already endured long years of unjust captivity.

It would take really egregious facts and serious damages caused by the conduct to make the case stick, and I doubt that you could find an appraiser willing to testify as an expert witness that this conduct rose to a violation of the standard of care for an appraiser, even if it was not a case of «best practices» in the profession.

In the extremely narrow class of such cases where a spouse's conduct rises to the level of egregious fault, fault can be considered by the judge at trial, not in calculating an alimony award, but in the initial determination of whether alimony should be allowed at all.

In the event the members of the Citation Panel determine the conduct described in the complaint is sufficiently egregious to warrant a hearing rather than a citation, the complaint shall be referred to the Professional Standards Committee for hearing consistent with the policies and procedures set forth in the Code of Ethics and Arbitration Manual for ethics hearings.