Sentences with phrase «failure of the defendant»

The Federal Government had on January 18, 2018 filed a suit marked FHC / ABJ / CR / 4/2018 containing two counts of failure of the defendants to declare their assets «without reasonable excuse and upon the notice to declare» them before the panel.

Also, he averred that upon the persistent failure of the defendants to liquidate their indebtedness, Sterling Bank instructed its counsels to recover the debt.

Fayemi's action follows the failure of the defendants to retract the said libelous statements and tender public apology as demanded by his counsel, Rafiu Oyeyemi Balogun, in a letter dated November 19, 2016.

Castorina argues that the plaintiffs and others are «being denied their right to vote for a representative in the vacant 11th Congressional District in New York due to the failure of defendant to comply with mandatory provisions of Article I, Section II, Clause IV of the United States Constitution and the New York Public Officers Law Section 42 [3],» according to court documents.

In light of the defendant's failure and unwillingness to comply with the order made by Stinson J., its late disclosure of important documents, counsel's uncivil conduct leading up to and at the trial, and the repeated failures of the defendant's counsel to comply with the directions and orders of the court, it is appropriate for the court to exercise its discretion to deny the successful defendant its costs.

The Court held that defendants» alleged failures were really failures of the defendants to perform their obligations under the shareholders» agreement, and not true misrepresentations.

Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim i.e. reply or pay within a 14 day period after service of the claim

The success or failure of the defendant in this case will have significant consumer implications.

Not exact matches

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) Akorn's failure to comply with FDA data integrity requirements would jeopardize Fresenius» acquisition of Akorn; (ii) the Company lacked effective internal controls over financial reporting; and (iii) as a result of the foregoing, Akorn shares traded at artificially inflated prices during the Class Period, and class members suffered significant losses and damages.

He ordered that the condition given must be met within 14 days failure of which the defendants would be remanded in prison custody.

«The defendants will likely attempt to argue that de Blasio was not charged because of some inferred concern about Singh, and attempt to use the failure to prosecute as an attack on Singh's credibility,» the motion said.

He judge also ordered that the bail conditions must be met within 14 days failure of which the defendants would be remanded in prison custody.

The arraignment of the defendants was stalled on Tuesday due to the failure of the DSS to produce Suswam in court.

As the Defendant publishers and their physical book distribution systems get smaller and less profitable, competitors like Barnes & Noble teeter on the Borders of financial failure, and Apple becomes bored with an iBookstore whose marketplace it can not control by illegal means, Amazon's share of the total book trades market only grows, and grows, and grows.

«This is a class action arising out of Defendants» failure to perform the material terms of an offer made to Plaintiff and other consumers comprising the class for a Starwood Preferred Guest («SPG»)- branded American Express credit card; namely, the promise of 35,000 hotel loyalty points, called SPG Starpoints, in exchange for $ 5,000.00 in qualifying purchases made to the card during the first six months after issuance,» Heilman said in the filing.

On Jan. 30, Central District of California Judge Dale Fischer held a hearing on the defendants» motion seeking sanctions, dismissal of certain counts of the lawsuit and an adverse instruction to the jury based on the government's failure to preserve evidence.

The next day, a Birmingham, Ala., lawyer for Wachovia named Carl S. Burkhalter filed a motion to set aside the default, explaining that a perfect storm involving the resignation of his associate and the unexplained failure of an email «auto - forward» function from the associate's email account to his secretary led to the date for defendant's Answer to the Amended Complaint not being entered on his calendar.

Answer: Well, you could lose the lawsuit, owe the defendants $ 150,000 for their legal costs and expenses, and then have members of the congregation petition you into bankruptcy over your failure to pay their legal fees.

The probability of wrongful convictions is increased by increasing numbers of defendants in the courts without lawyers, which is due to: (a) very poor government funding of legal aid programs; and, (b) law societies» failure to attempt to solve the unaffordable legal services problem — the one aggravates the damage done by the other.

Otis alleged that these failures caused a judgment to enter against Cusick and that the judgment was obtained as a result of the defendant lawyer's negligence.

However, eight of those reasons were circumstances that arose after the commencement of the action and were thus irrelevant to the analysis (the defendant's offer to settle; the defendant's failure to apply to move the action to the Small Claims Court; the defendant's denial of liability for the plaintiff's injury; the insurer's characterization of the collision as low impact; the exchange of 60 documents; the defendant's motion for a Rule 66 hearing and eventual removal; a Rule 28 examination of a witness; and the absence of expert evidence tendered by the defendant).

The Defendant Wiebe brought an application to dismiss the lawsuit for want of prosecution (failure to prosecute in a timely fashion).

the need for the plaintiff to have legal counsel, in light of the defendant's denial of liability, dispute as to causation, injury or loss and allegations of contributory negligence, pre-existing conditions, previous causes and a failure to mitigate.

No Prejudice In Arguing All Defendants Should Be Liable / Failure to Claim Tort of Another Fee Damages At Trial Dispositive Against Fee Petitioner.

In most places, including the state of California, you will have to show the defendant failed to exercise an acceptable amount of care and that failure caused your injury.

accept that during 1976... the defendant should have appreciated that the claimant was at risk of an asbestos related injury and that their failure to appreciate and take what would now be regarded as appropriate precautions or to make enquiries about the nature of the dust was negligent».

The court of appeals reversed summary judgment for defendant, holding that 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

Negligence is the failure to observe reasonable care, and since people ordinarily act reasonably, the plaintiff or defendant may introduce evidence of a custom that is relevant to the issue of negligence.

In all the circumstances it decided that there should be no costs penalty for the Defendant as a result of that failure.

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security about a product's safety), and strict liability (under which the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

The defendant, through action or failure to act, was guilty of gross misconduct in connection with the failure to make timely disclosure.

Factors basic to the exercise of this discretion are whether the defendants would suffer prejudice if the use of the journal was permitted, and whether there was a reasonable explanation for the plaintiff's failure to disclose it.

Thus, the one - and two - year statutes of limitations on Plaintiff's claims, which are based on Defendant's alleged failures to promote him, began to run in August 2009 when Defendant denied Plaintiff the promotion in the Madison, Wisconsin location.

Verdict in Queens County for a newborn who suffered neurological injuries as a result of the defendant hospital's failure to timely perform a cesarean section for fetal distress.

It is recognised that it is unlikely that this power will be widely used as by the time the matter has reached the courts, the relevant enforcement authority may have taken action, in the form of Improvement and / or Prohibition Notices / Orders, and / or the defendant company may have addressed the failures themselves to ensure the future safety of their employees.

The defendant firm of accountants was negligent by its failure to discover misappropriations of clients» monies when preparing the solicitor's accounts.

To prevail, the plaintiff's attorney must show that the defendant failed to operate his or her vehicle according to a specific standard of care at the time of the accident and that this failure caused the victim's death.

Because the plaintiff's policy was in suspension due to non-payment of the premium, the defendant, pursuant to its policy, never notified plaintiff that his policy would be terminated for failure to have the inspection.

Once your attorney has established that the defendant failed to use due care, they will show that this failure was the cause of your injuries.

After showing that the defendant did not drive with appropriate care and skill, the family's attorney must prove that this failure was the cause of the victim's death.

Plaintiff paid the overdue premium, and defendant sent him a notice of termination of coverage for failure to pay the premium and a notice of reinstatement of coverage.

[29] The legislature chose not to provide a specific cost consequence for an insurer's failure to participate in mediation, such as substantial indemnity costs against a losing defendant or deprivation of full costs of a winning defendant.

However, the failure of the claimant to keep the defendant informed that the costs budget had been significantly exceeded was fatal to a claim for a recovery in excess of the estimate.

Moreover, a highway accident attorney in Boston must show that the defendant's failure to use due care was a substantial cause of the victim's injuries.

To file a claim, these injuries must have occurred due to the defendant's failure to exercise the duty of reasonable care.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

It also took notice of the plaintiff's apparent failure to respond to the motion to dismiss, which could potentially have addressed the subsequent defendant's timeliness defense.

The failure to honour the spirit of the settlement agreement was considered reprehensible conduct deserving of rebuke and special costs were awarded against the defendant by Master Taylor sitting as Registrar.

No. 766 dealt with the principle of discoverability in the context of a claim for damages related to a slip - and - fall accident that occurred as a result of the defendant's alleged failure to properly clear snow and ice.

Our firm represents defendants in County and Circuit Court in defense of Felonies; Misdemeanors; Juvenile Crimes; Violation of Probation; Firearms, Weapons and Gun Charges; Sex Crimes; Prostitution, Solicitation, & Pandering; Rape; Sexual Assault and Sexual Battery; Stalking; Failure to Register as a Sex Offender; Child Abuse.