Sentences with phrase «favor of defendant against»

After multi-day trial, obtained judgment defeating lease termination challenge together with substantial money judgment in favor of defendant against major golf retail company for non-compliance with lease.

Not exact matches

A jury assessing evidence against a defendant, a CEO evaluating information about a company or a scientist weighing data in favor of a theory will undergo the same cognitive process.

He has frequently been the lone dissenter, particularly in criminal cases where he writes in favor of the defendant, even when the arguments arrayed against his position are so formidable that his colleagues have joined the majority and moved on.

$ 85,000 Verdict in favor of steel fabricator Plaintiff in a breach of contract action against Defendant for failure to pay for steel used in the creation of a United Airlines Terminal vestibule at O'Hare Airport.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

But the authors find that the reversal rate in favor of defendants and against juries is much higher in state courts.

In a case where the primary evidence against the defendant is the identification of an eyewitness, a defendant should be permitted to present expert testimony on the reliability of eyewitness identification, whether or not there is additional corroborative evidence that could weigh in favor of guilt.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

This bill (and several more like it) will rig the system against individuals like you and tip the scales in favor of powerful corporate defendants.

What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then going forward to award discovery sanctions and attorney's fees against plaintiff and in favor of the defendant.

The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.

The defendant moves for security for costs against Bruno on the basis of two outstanding costs awards in his favor and on the basis that the action is frivolous and vexatious.

The trial court ruled in favor of the defendants and so the defendants dismissed their counterclaims against the Investor.

Borrowers are starting to file lawsuits against their mortgage lenders and banks are not only finding themselves as defendants in courtrooms across the country, they are also finding judges more than happy to rule against them and in favor of home owners and home loan borrowers.

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).