Sentences with phrase «favor of the defendant»

The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government for its alleged negligence, based on sovereign immunity grounds.

The jury returned a verdict of approximately 1 % of the amount sought by plaintiff and ruled in favor of the defendant on the issue of punitive damages.

The court agreed with the plaintiff, reversing a lower court that had granted summary judgment in favor of the defendant doctor.

The trial court subsequently entered summary judgment in favor of the defendant dismissing plaintiff's complaint with prejudice.

The jury found in favor of the defendant doctors.

The Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law.

After a seven - day trial in which eight physicians testified, the jury returned a verdict in favor of the defendants after deliberating for less than an hour.

[Summary judgment in favor of defendant affirmed after court found defendant's behavior during consensual sexual relations was not wanton or reckless.]

Reversed trial court judgment in favor of a defendant where court improperly relied on the doctrine of frustration of purpose.

In Brown v. Wheeler, the Court of Special Appeals of Maryland affirmed the trial court judgment holding in favor of defendant because plaintiff failed to allege or show that: (1) landlord had actual knowledge or reason to know of the presence of chipping, peeling, and flaking lead paint and that such condition was hazardous, and (2) landlord was given reasonable opportunity to correct hazard.

Judgment is entered in favor of Defendants Microsoft Corporation, Electronic Arts Inc., Harmonix Music Systems, Inc., Majesco Entertainment Co., Ubisoft Inc., and Nintendo of America Inc.'s (collectively «Defendants») on Plaintiff Richard J. Baker's («Baker») claims for infringement pursuant to the Court's ORDER GRANTING DEFENDANTS» MOTION FOR SUMMARY JUDGMENT (D.I. 135) dated January 3, 2017 and filed on January 4, 2017.

The official verdict of «Robert Fletcher and Bartlow Gallery Ltd v. Peter Marryat Doig» was ruled in favor of defendant Peter Doig by the United States District Court for the Northern District of Illinois, on Tuesday, August 23, 2016 at 3PM CDT.

Judges cited the legal principle of in dubio pro reo, which means the court must rule in favor of defendants when reasonable doubt exists.

On September 28, 2015, the court ruled in favor of Defendant NMFS and Intervenors Animal Welfare Institute (AWI), Whale and Dolphin Conservation (WDC), Cetacean Society International (CSI), and Earth Island Institute (EII), finding that NMFS followed the statutory mandate of the MMPA in its previous denial of the aquarium's permit application.

Jury Verdict in favor of Defendant who was captured in a parking lot surveillance video camera hitting Plaintiff twice with his vehicle.

Defense Summary Judgment in Favor of Defendant Northern California City Against $ 4M Wrongful Death Suit

In rejecting the employer's arguments the judge, at paragraph 59, distinguished the case from earlier caselaw that had found in favor of the defendant employers, writing:

Successfully obtained affirmation by U.S. Court of Appeals, Fifth Circuit, of a summary judgment rendered by the trial court in favor of defendant real estate partnership.

Circuit Court Affirms Summary Judgment in Favor of Defendant Due to Plaintiff's Failure to Respond

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.

In Thompson v. DeKalb Board of REALTORS ®, the 11th Circuit addressed the district court's grant of summary judgment in favor of the defendant Board and MLS, dismissing plaintiffs» claim that the Federal antitrust laws are violated by the requirement that brokers be REALTORS ® to gain access to the Board's MLS.

The jury also found in favor of the defendant on the fraudulent misrepresentation and concealment claims, but awarded another $ 450,000 to plaintiff on his negligent misrepresentation claim and $ 10 million in punitives.

After extensive briefing and two oral arguments, the Court reversed and rendered the case in favor of the defendant as a matter of law.

On November 1, 2010, the United States Supreme Court granted certiorari in Fox v. Vice, Case No. 10 - 114, a Fifth Circuit Court of Appeal decision that, in a 2 - 1 decision, upheld a fee award against a civil rights plaintiff and in favor of defendants where the federal court found a dismissed civil rights claim was frivolous in nature and where fees were awarded on all claims without segregating out fees for the frivolous as opposed to nonfrivolous claims.

The court affirmed the trial court judgment holding in favor of defendant because plaintiff failed to allege or show that: (1) landlord had actual knowledge or reason to know of the presence of chipping, peeling, and flaking lead paint and that such condition was hazardous, and (2) landlord was given reasonable opportunity to correct hazard.

The Eighth Circuit United States Court of Appeals recently released an opinion affirming a jury verdict in favor of a defendant after a trial was held on the plaintiffs» allegations surrounding the death of their 23 - month - old son.

If the jurors rated similarly situated attorneys equally, as one might expect, the lines on the graphs would appear as a perfect «X.» One would expect the defense attorneys to be rated significantly higher than the plaintiff attorneys when the juries return a verdict in favor of the defendant on all counts and the plaintiff attorneys to be rated significantly higher than the defense attorneys when the juries return a verdict in favor of the plaintiff on all counts.

Gorsuch has received praise from defense lawyers and other legal experts for often intrepreting laws in favor of defendants, a tendency similar to that of the late Justice Antonin Scalia.

«The thumb on the scale here is in favor of the defendant, in that Waymo needs to show that its business will be done irreparable harm if other steps aren't taken» to stop Uber's self - driving research, says Michael Brophy, an intellectual property attorney from Withers Bergman.

The Judge not only ruled in favor of the defendant, but called Mr. Perce a name and told him that if he were in a Muslim country, he'd be put to death.

I didn't say there was no inequality in the justice system, I said the media inflames when they use 1 case as a litmus test, especially when the system is stacked in favor of defendants.

A unanimous jury, rules of evidence, etc. all stack the deck in favor of defendants.

Asked about this decision, Lauren Kurtz of the Climate Science Legal Defense Fund in the US gave Ars a few examples of cases that turned on similar questions — though not always in favor of the defendant.

In Hawaii, TASC's case has already been dismissed with a report stating: that the judge's «ruling in favor of the Defendants has eviscerated TASC's claims.»

In his first ruling, Judge O'Neill addressed the summary judgment motion, as a finding in favor of the defendants would have resolved the entire action.

The data was further analyzed based on three jury outcomes: (1) whether the jury returned a verdict that was entirely in favor of the state / plaintiff on all counts, (2) in favor of the defendant on all counts, or (3) there was a split decision.

For example, on a scale of 1 = Excellent and 5 = Very Poor, jurors gave defense attorneys, on average, a competence score of 1.68 when they returned a verdict that was completely in favor of the defendant, 1.95 when they returned a split verdict, and 2.23 when they returned a verdict that was all in favor of the state / plaintiff.

In Kalinchuk v. JP Sanchez Construction Co., a Texas plaintiff appealed summary judgment in favor of the defendant, a construction company.

Thus, regarding the claim for negligent breach of fiduciary duty, the Superior Court grant of summary judgment in favor of defendants was reversed.

Thus, the jury was free to reject the plaintiff's testimony and that of her witnesses, and find in favor of the defendant.

After extensive post-trial proceedings and two appeals to the Alabama Supreme Court, the judgement was reversed and rendered in favor of the defendants.

In 2013, there were 20 medical malpractice cases that went to trial, with 11 of those cases being decided in the favor of the defendant (meaning the doctor won at the trial level).

The jury deliberated for less than two hours before returning a verdict in favor of the defendant.

More recently, in Dyke v. British Columbia Amateur Softball Assn., the plaintiff was struck in the head by a foul ball while standing in the spectator's section keeping score.27 The British Columbia Court of Appeal upheld a judgment in favor of the defendant that reiterated that the occupier's duty to spectators is to provide a standard of care based on reasonableness.