Sentences with phrase «evidence of the plaintiff»

In giving her judgment in the case, Her Lordship Barbara Ackah - Yensu pointed out that: «I find both 2nd and 3rd defendants, particularly Catherine Afeku, not to be credible witness and they mounted the witness box to tell the Court a pack of lies, and it is for this reason that I preferred the evidence of plaintiff that she never saw the company's regulations».

Even in the absence of any objective symptoms, the court can be and often is persuaded by the evidence of the plaintiff.

[54] Examination for discovery evidence of the plaintiff's mother confirms that the plaintiff is the only person in the family using the family computer between those hours.

The evidence of plaintiffs» counsel before Cullity J. was that the plaintiffs were advised of their potential personal liability for the costs of the defendants.

It provides trial attorneys with a basic motion in limine which states that the evidence of a Plaintiff's immigration Status should be excluded because pursuant to Trial Rules 401 - 403 it is not relevant to ant material issue in the case and would create an unfair prejudice.

In light of the evidence of the plaintiffs» own expert and giving the matter my best consideration, and recognizing that the process can not yield a figure of mathematical precision, especially in light of the conflicting expert evidence adduced, I conclude that the proper amount for the building loss claim is $ 325,000.00, being a fair depreciated value, and $ 50,000.00 for part of the cost of the new construction for a total of $ 375,000.00.

The article covers how a judge in the U.S. District Court in Connecticut excluded the plaintiff's medical causation expert on Daubert grounds after finding insufficient evidence of the plaintiff's exposure to the drug, which was necessary to support the expert's opinion on specific causation.

(f) the plaintiff has provided the defendant with evidence of the plaintiff's identity, if evidence of the plaintiff's identity is requested by the defendant.

The first is that, while the trial judge set out his findings of fact, those findings depend on him having preferred the evidence of the plaintiffs» experts over the evidence of the defendant's experts.

The distance involved on the evidence of the plaintiff was limited.

[107] The evidence of the plaintiff's co-workers, son and friends indicates that the plaintiff, prior to the accident, was a high energy and enthusiastic teacher and that those traits carried through into her day to day life.

Under the Texas Supreme Court's decisions in Kerby v. ACC and Carnation Co. v. Wong, evidence of a plaintiff's failure to fasten his or her seat belt has been inadmissible in Texas personal injury cases for more than 40 years...

A unanimous Supreme Court has now overruled Kerby and Carnation, holding that «relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff's pre-occurrence, injury - causing conduct generally, is admissible for the purpose of apportioning responsibility under [Texas's current] proportionate - responsibility statute, provided that the plaintiff's conduct caused or was a cause of his damages.»

[66] After taking into account all of the medical evidence and the all of evidence of the plaintiff and her witnesses, and after applying a soupcon of common sense to the mix, I have concluded that the accident did cause some damage to the containment wall of the plaintiff's L5 - S1 disc and that that damage was a material contributing factor in the herniation that occurred at the end of August 2008.

In announcing its holding the Court stated that «relevant evidence of a plaintiff's pre-occurrence, injury - causing conduct generally» will now be admissible.

Regarding the feeder driver position, the majority notes that Blood's tentative notation that Faidley was capable of performing the job was only «a preliminary subjective opinion, unsupported by objective evidence, not materially different than the employee's subjective assessment that was insufficient to create a material dispute with his physician's restrictions...,» and unable to overcome the substantial objective evidence of the plaintiff's medical restrictions.

In response to the defendant's argument that a party to litigation is entitled to the production of evidence that is «reasonably calculated to lead to the discovery of admissible evidence,» Magistrate Judge Facciola held that the defendant's purpose for seeking the images (which was to admit them as evidence of the plaintiff's own standard of behaviour) meant that the issue of discoverability and the issue of admissibility were inseparable.

However, in a recent truck accident case out of California, the court held that evidence of the plaintiff's prior marijuana use was not admissible.

Robert A. Fowler J. Link This is a motion for non-suit based on the inadmissibility or rejection of the documentary evidence of the Plaintiff.

The trial judge also accepted the expert evidence of the plaintiff that a failure to plow the «brine sandwich» in a reasonable period will result in a refreeze.

The expert evidence of the plaintiff, accepted by the trial judge was that the salting and plowing protocol should have occurred continuously and consistently during the duration of the snowfall.

[14] Yes, Mr. McIvor is absolutely correct that the psychosis, if any, was at a fairly nascent stage in 2007 when Dr. Davis saw her and that it has apparently, if one takes the evidence of the plaintiff, become full - blown.

Not exact matches

I thought the judge said that the plaintiff didn't make his case... it was lack of evidence, officially, not because of religion.

The court ruled that, for purposes of summary judgment, the plaintiff class established a defect not because their individually purchased products contained biological contaminants, but rather because the act of recalling potentially contaminated food provided evidence of a product defect.

The plaintiff claimed that Costco's initiation of a recall was evidence that it had sold a defective product.

Had the Plaintiff gone to Sparrow's ER on the morning of the 12th and had a SANE nurse do a rape kit there might have been pubic hair samples or semen samples, both which might produce DNA evidence which would strengthen the prosecution case.

«Plaintiffs have put forward no evidence supporting the proposition that engaging in memorabilia fraud is the kind of task that any Giants employee was ever employed or otherwise authorized to perform,» the Giants» lawyers argue, per ESPN.

The burden of proof is on the plaintiff and I see nothing that counts as real evidence to support the story they are telling.

The legal details on standing, jurisdiction, etc. are all very interesting (follow @ColumbiaClimate for those details), but somewhat uniquely, the judge (William Alsup) has asked for a tutorial on climate science (2 hours of evidence from the plaintiffs and the defendents).

It also ruled that the burden of proof remained on plaintiffs (the man's family, in this case) and that courts must consider relevant evidence from medical research.

Contrary to the expectation of the world public following the submitted facts and evidence by the plaintiffs (Nana Akufo Addo, Dr Bawumia and Jake Obetsebi - Lamptey), the court shamelessly unprofessionally if not corruptibly, declared verdict in favour of President Mahama of the NDC party.

In fact it is undisputed that the inmates are transferred at the discretion of DOCCS and plaintiffs have not proffered any evidence that inmates have substantial ties to the communities in which they are involuntarily and temporarily located.»

In regard to the first part of the aforementioned analysis, Kagan went on to note that «a plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones.»

Second, OHS promulgated this rule without providing notice or the opportunity to comment as required by the Administrative Procedure Act («APA»), thereby depriving Plaintiff States of the opportunity to present important evidence to OHS about the overwhelming success of the DACA program in Plaintiff States as part of the rulemaking process.

In a Feb. 20 letter to Magistrate Judge Randolph Treece, plaintiffs» attorney George Carpinello of Boies, Schiller & Flexner asked the court to impose sanctions for what he termed the «spoliation of evidence» resulting from the deletion of Liebman's emails.

I thought SUNY political science professor Gerry Benjamin offered more than sufficient evidence, chapter and verse, on behalf of plaintiffs.

«Without further evidence of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.

The Federal District Court granted the defendant summary judgment, ruling that plaintiff's evidence did not meet a standard of «general acceptance» within the scientific community.

Courts have to weigh the evidence in each individual case, and the plaintiff has to prove that they have the «preponderance of evidence,» Reiss notes.

In Garcia v. Board of Education of Albuquerque Public Schools (2008), Gorsuch upheld an earlier ruling that a student plaintiff was not entitled to compensatory educational services despite the district's failure to provide an individualized education program (IEP) after the student left school and evidenced no willingness to return.

The heart of the evidence regarding adequacy in West Orange Cove was provided by two cost function studies, one submitted by the plaintiffs and one by the defense.

Notably, the best evidence for the weakness of the union's position came from the court's liberal bloc of Breyer, Sotomayor, Kagan, and Ginsburg, who made little effort to dispute the plaintiff's First Amendment arguments.

Indeed, even before the verdict, members of the plaintiffs» team were talking confidently about plans to present their evidence to California Gov. Jerry Brown, a close ally of the teachers unions, to prod him into joining the reformers» side, at least on key issues such as teacher tenure.

Citing two earlier cases that forced changes in state laws regarding students» rights to quality education through money spent and time of instruction provided, as well as evidence in Vergara, he said the plaintiffs «have proven, by a preponderance of the evidence, that the Challenged Statutes impose a real and appreciable impact on students» fundamental to quality of education and that they impose a disproportionate burden on poor and minority students.»

As defendants, the state and its two biggest teachers unions tried to persuade the judge that in four weeks of testimony, the plaintiffs — nine students — did not present enough evidence to prove that the five contested statutes governing teacher dismissal, tenure and layoffs deny students right to an effective education.

The preponderance of evidence, including research presented by the plaintiffs in this case and noted by the court, shows that special population funding levels are dramatically lower than what is needed to provide an excellent education to many Texas students.

During the trial, Plaintiffs have presented evidence of the substantial harms imposed on students by California's permanent employment, dismissal, and seniority - based layoff laws.

At trial, the CCJEF plaintiffs put forth overwhelming evidence of severe resource deficiencies of inputs such as: academic and social intervention for at - risk students and students with special needs; guidance counselors, social workers, nurses, services for English Language Learners, music art and other subjects; and reasonable class size.

Judge Treu ruled in favor of the plaintiffs on every issue, removing five statutes concerning tenure, seniority and teacher dismissal rules from the state's constitution, adding, «The evidence is compelling.

So far, the plaintiffs haven't been able to show hard evidence of a conspiracy — such as Apple and the publishing executives chomping cigars while poring over pricing charts.