Sentences with phrase «facts pleaded»

a. Whether the motion judge erred by not accepting facts pleaded in a civil court proceeding as evidence in the current proceeding.

The motion judge carefully reviewed all of the facts pleaded and found that they did not plausibly support either the conclusion or the inference that the respondents acted in bad faith.

[9] In respect of the second requirement, the material facts pleaded in the statement of claim against the personal respondent indicate that he was acting on behalf of the corporate respondent when he terminated the appellant's employment.

The Court found that the facts pleaded in the struck paragraphs were material to the claims, that the Master lacked jurisdiction to decide whether the paragraphs were necessary, and that the Master failed to apply correct legal test.

The claimant may not be in a position to prove the facts pleaded at the time of the motion.

Court held that mass - produced pleadings failed to comply with California's fact pleading requirement, reflected in Code of Civil Procedure section 425.10, and were the functional equivalent of no complaint at all.

In a Memorandum of Judgment (2013 ABCA 417, written by Berger, Slatter and Veldhuis, JJA), the Court decided that punitive damages are indeed possible under the FAA and that in this case, on the facts pled, the plaintiff was duly entitled to pursue his claim at trial.

Not exact matches

«Suffice to say, I had serious misgivings, which I think have been confirmed by the fact that he pled guilty to a felony in federal court,» Christie said at a press conference last week.

It's unclear who that would be, but most likely «someone at the center — or close to the center — of this criminal enterprise,» Jens David Ohlin, a professor at Cornell Law School, told Business Insider, adding that the fact Flynn was «charged with and is pleading guilty to such a minor crime suggests a bombshell of a deal with prosecutors.»

He notes that the company pleaded guilty to an antitrust violation last year in a settlement with the Justice Department, a fact he was certainly not obliged to mention.

I plead guilty to the fact that I believe apostle Peter is in heaven.

It's called Special Pleading, and in fact DOES contradict Logic, so actually Big «P», you're absolutely wrong.

Rush's best hope if he is dumb enough to take this to trial is to plead immateriality of the falsehood based on the fact that no one believed him, as he is well known to be a rude, crude, ignorant blowhard.

2 Many a reader has been perplexed by the fact that Abraham does not plead with God for the life of Isaac, as he had done for the inhabitants of Sodom.

That complaint overlooks the fact that all speaking out for human rights» whether for Buddhists in Tibet or Jews in the former Soviet Union» is special pleading for those who can not plead for themselves.

It is in fact the Christian Church's pleading before God the Father of that «full, perfect, and sufficient sacrifice, oblation, and satisfaction» which on Calvary was «once offered.»

In extenuation I should plead that in a series of four lectures, intended in each instance of delivery for a general educated public rather than for philosophical and theological experts, of necessity one must be brief and must deal with the topic in a broad way; furthermore, I have not intended to claim that every representative of process - thought would agree with what I have selected as significant nor would find my use of what in fact has been selected compatible with his own particular approach or his own individual conclusions.

Their books fly off the Christian bookstore shelves dispensing whatever ad hoc explanation or special pleading might be required to salvage the evangelical belief system from the perils of uncomfortable fact.

We could plead that our volume tries to cover all the main ways, going back to Plato and ending with scientists such as Stephen Hawking, of reacting to the fact that there's a world instead of utter emptiness.

I have never from the first time of reading the Bible ever thought God was in the wrong, in fact all the way through the narrative God has pleaded and wept for His creation.

Private sermons and pleadings should be avoided for this reason, as well as for the fact that they are utterly ineffectual.

«Listen,» she pled to her partner, «I know for a fact they pour acid on them before they go out to fight so they're crazed and disoriented.

The fact that he pleaded guilty to drunk driving and hitting his wife makes me think that he might not be the coach that our college age roster next season needs.

Fact is fabregas spent 6 of his 7 years at arsenal pleading for a move to another club, who twice didn't want him.

add on the fact that he's probably about to be a convicted (or at least pled - to) felon, and i think i'm happy that that particular trade never went through.

Disclaimer, since the United States continues to plead ignorance to the fact that gambling is happening everywhere around them rather than regulating it, all bets will be in the form of bagel currency.

More enraging is the fact that Chandler reveals she was frequently denied pump breaks, no matter how much she pleaded with county clerks and even the judge herself.

Despite the fact that it's been put to use daily, she's seen me struggle and plead with it to cooperate as I load and unload it several times a day.

In fact when before I had kids I used to plead with my older sister to make it for me — promising to do untold favors in return.

Counsel to the first accused, Mr Alayo Abayomi urged the court to proceed on hearing the evidence of fact since his client pleaded guilty.

A former State Police investigator accused of lying to detectives about activity on his bank account, then later admitting that he was covering for the fact he was giving his mistress money to support her crack habit, has pleaded guilty to a misdemeanor.

Oyedepo, who pleaded with the court that the document was extremely relevant to the fact in issue.

In fact, Purdue Pharma — the company that makes and markets the drug — didn't plead guilty.

I plead with analysts, commentators and forecasters to always get their facts right and not impute frivolous meanings to otherwise innocent events and occurrences.

In fact, the brevity of Hon Atta Akyea to defend his client, Mr Ken Kuranchie annoyed the Justices and was subsequently given a harsher sentence compared to those who pleaded guilty and begged for clemency.

«The defendant hereby acknowledges that he has accepted this agreement and decided to plead guilty because he is, in fact, guilty,» the agreement says.

The former Energy Secretary quit as an MP after pleading guilty to the charge, after trying to cover up the fact that he had swapped speeding points with his ex-wife, Vicky Pryce.

Andrew Mitchell has consistently denied the version of events presented in the email and I welcome the fact that the officer concerned has now pleaded guilty.»

I am not making fun of our left handed people across the globe so I am pleading for forgiveness, but it's a fact that a left - handed person can not be a chief and everyone can check this.

An illustration of this is the fact that I recently pleaded with a prominent engineering organization (of which I am on the Board of Directors) to add minority ABET - certified accreditation experts to their team [NOTE: ABET Inc. is the recognized accreditation authority for college and university programs in applied science, computing, engineering, and technology and comprises 31 professional and technical societies].

By TARA PATEL Last September, Flavor Fresh Foods of Chicago pleaded guilty to defrauding consumers of more than $ 40 million by selling what it claimed was 100 per cent pure orange juice, but in fact was nothing of the kind.

We already know Rick, having seen the way he maneuvered through the opening scene, will have no sympathy for Dennis and his family, and we just watch as they beg and plead and become enraged and eventually resolve themselves to the fact that this is actually happening.

Other than the fact that he's haunted by his love for his daughter, who pleads with him to give up the criminal life, we learn that gun - for - hire Deadshot is called this because he never misses a shot (a la Bullseye from Marvel's Daredevil).

And all of this is before you even get to the fundamental fact that, when 3.5 million classroom doors swing shut on a Tuesday morning, those teachers are pretty much free to teach (or not teach) whatever they like, regardless of thunderous commands, incentives, pleadings, and resources from district, state, or Uncle Sam.

Other factors were also taken into account during the sentencing, such as the fact that it was Fajar's first offence, and that he pleaded guilty at the first opportunity.

 In this amended Complaint, the judge agreed 2 of the plaintiffs had pleaded the necessary facts and could proceed with their cases against Petland for RICO violations.

«SK simply wants to defer any consideration of the sufficiency of its pleading so it can oppress Epic with burdensome and expensive discovery,» the UE3 vendor states in its latest court filing, recounted in depth on Next - Gen, adding that SK's claims that Epic lied about its engines are built on «false statement of material fact» points out Gamasutra.

In fact, they used it already to promote it, by making an AR card that makes a girl appear in your room and plead with you to save her world.

To cite the twentieth - century instrumental record, without mentioning all the melting — as even the occasional scientist may do before general audiences — is often suspected of being special pleading, trying to confuse nonscientists with carefully selected facts, what lawyers with a losing case sometimes attempt to do with juries.

I'm not sure which part of Alternative pleading does not apply to Kellyane's usage of the term to defend teh Sean's crap Big Dave doesn't get, so let's clarify how two - party competing facts work in legal cases.