If you really want to stamp out unnecessary litigation, amend the Rules to allow for even higher costs, closer to full indemnity, and narrow judicial discretion around costs to impose mandatory costs
for unreasonable positions, inflammatory conduct, and frivolous and vexatious behaviour.
Not exact matches
The association said that Amazon and Audible were abusing their dominant market
position to force publishers to accept «
unreasonable conditions»
for the marketing of audio books.
«
For some reason, whenever the question of myself or the Democrats are talked about having their rightful
position, another
unreasonable barrier is created.
This is not the first time in recent months that they've put forth something that represents no change from their previous
position, called it an olive branch to their critics, then acted like the dispute is now over, except of course
for the
unreasonable people who refuse to compromise.
In a statement, the association said that Amazon and Audible were abusing their dominant market
position to force publishers to accept «
unreasonable conditions»
for the marketing of audiobooks, according to Reuters.
The association said in a statement that Amazon and Audible were abusing their dominant market
position to force publishers to accept «
unreasonable conditions»
for the marketing of audio books.
«My plea is
for us to understand the value of mortgage insurance as a credit enhancement as [a way]
for getting in front of the government in terms of first - loss
position so that we can have a reasonable risk on a government guarantee loan but not an
unreasonable guarantee
for the government.»
It's interesting to note that our early entry created a psychological obstacle to buying around the $ 2.00 level where we might otherwise have loaded up to a full
position; we wanted to be doubly certain of getting value
for our money and so waited
for perhaps an
unreasonable (we'll see) valuation before buying.
Call me only if you are in the gutter, Grice Bench, Los Angeles, CA Exalted
Position, curated by Vlad Smolkin, Peter Blum Gallery, New York, NY Pipe Dream, presented by Night Gallery and Rachel Uffner Gallery, 170 Suffolk Street New York, NY Gallery Artist Group Show, Rachel Uffner Gallery, New York, NY TDW: Three Way Weekend, Blum & Poe, Art Los Angeles Contemporary, and ROGERS, Los Angeles, CA 2015 The John Riepenhoff Experience, Misako & Rosen, Tokyo, Japan Intimacy in Discourse:
Unreasonable Sized Paintings, School of Visual Arts Chelsea Gallery, New York, NY Let's Be Real, Projekt 722, New York, NY 2014 The Crystal Palace, Rachel Uffner Gallery, New York, NY QUALIA, FJORD Gallery, Philadelphia, PA 2013 The Room and its Inhabitants, organized by Patrick Howlett, Susan Hobbs Gallery, Toronto, Canada The 2013 deCordova Biennial (with Dushko Petrovich), deCordova Sculpture Park and Museum, Lincoln, MA 2012 Love, curated by Stephen Truax, One River Gallery, Engelwood, NJ Art on Paper 2012, curated by Xandra Eden, Weatherspoon Art Museum, Greensboro, NC Take Shelter in the World, curated by Dushko Petrovich, Boston University Art Gallery, Boston, MA In Plain Sight, organized by Nicole Russo and Lumi Tan, Mitchell - Innes & Nash, New York, NY 2011 The Idea of the Thing That it Isn't, curated by Rachel Uffner, Halsey McKay, East Hampton, NY Channel to the New Image, Friedrich Petzel Gallery, New York, NY Exhibition of Work by Newly Elected Members and Recipients of Honors and Awards, American Academy of Arts and Letters, New York, NY Paper A-Z, Sue Scott Gallery, New York, NY Invitational Exhibition of Visual Arts, American Academy of Arts and Letters, New York, NY Battle of the Brush, organized by Corporate Art Solutions at Bryant Park, New York, NY 2010 The Pencil Show, Foxy Production, New York, NY ITEM, Mitchell - Innes & Nash, New York, NY S (l) umm (er) ing on Madison Avenue, curated by Jo - ey Tang, The Notary Public, New York, NY Kristin Calabrese, Andy Parker, Mary Weatherford, Roger White, Kathryn Brennan Gallery, Los Angeles, CA 2009 What's Bin Did and What's Bin Hid», curated by Ryan Steadman, 106 Green Gallery, Brooklyn, NY Cave Painting: Installment # 2, organized by Bob Nickas, Gresham's Ghost, New York, NY The Audio Show, organized by Seth Kelly, Friedrich Petzel Gallery, New York, NY 2008 The Merits of Silence, Gallery Min Min, Tokyo 2007 Heralds of Creative Anachronism, D'Amelio Terras, New York, NY The Price of Nothing, EFA Gallery, NY 2006 Mystic River, Southfirst, Brooklyn, NY / Arcadia University, Glenside, PA 2005 Kevin Bruk Gallery, Miami, FL You Are Here, Ballroom Marfa, Marfa, TX The Most Splendid Apocalypse, PPOW Gallery, New York, NY Crits» Pix, Black and White Gallery, Brooklyn, NY 2004 Halloween Horror Films,, Southfirst Gallery, Brooklyn NY Summery Summary, 58 N3, Brooklyn, NY 2003 Dreamy, ZieherSmith Gallery, New York, NY Escape from New York, New Jersey Center
for Visual Arts, Summit, NJ Late to Work Everyday, Dupreau Gallery, Chicago, IL 2001 Learnedamerica, P.P.O.W. Gallery, New York, NY Tirana Bienalle 1, National Gallery, Tirana, Albania 2000 Columbia University M.F.A. Thesis Show, Brooklyn, NY 1999 All Terrain, Friedrich Petzel Gallery, New York, NY Wight Biennial, UCLA Wight Gallery, Los Angeles, CA 1998 Episode 1, Gair Building, Brooklyn, NY
The
position taken by the Australian government in UNFCCC negotiations has been largely counterproductive, including: its membership of the Umbrella Group of delayer countries; its prioritization of a post-2020 agreement over raising ambition as is urgently required; its insistence on a meaninglessly weak Kyoto Protocol second commitment period target
for Australia; its
unreasonable conditions
for Australia to increase its Kyoto target; its refusal to countenance even conditional targets deeper than 25 % below 2000; its pursuit of creative accounting rules
for LULUCF (land use, land use change, and forestry) in both Kyoto commitment periods [v]; its intended reliance on international offset mechanisms; and its failure to provide finance
for developing countries.
However, your experience must have involved an
unreasonable level of stress
for your job
position.
F. Award to Petitioner * reasonable attorney's fees and costs incurred herein; OR Order that each party shall be solely responsible
for their own attorney fees and costs except that if Respondent takes any
unreasonable positions in this matter, Petitioner shall be entitled to an award of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstances.
The importer asked the lower courts to award attorneys» fees, but the courts refused, finding that the publisher's legal
position in pursuing a claim
for copyright infringement was not objectively
unreasonable.
For a party who agrees to mediation but then causes the mediation to fail by reason of his
unreasonable position in the mediation is in reality in the same
position as a party who unreasonably refuses to mediate.
Under the negligence theory, a defendant is held liable
for the results of actions, or inaction, when an ordinary person in the same
position should have foreseen that the conduct would create an
unreasonable risk of harm to others.
A request
for attorney fees may or may not be an issue in your case depending upon each spouse's respective incomes and financial resources and their respective reasonable or
unreasonable positions in the divorce case.
If your spouse is
unreasonable, I will be the strongest possible advocate
for your
position.
Further, a party who agrees to mediation, but who then causes the mediation to fail because of his
unreasonable position is in the same
position as a party who refuses to mediate, and such conduct can and should be taken into account in the order
for costs.
For a party who agreed to mediation but then caused the mediation to fail by his reason of
unreasonable position in the mediation was in reality in the same
position as a party who unreasonably refused to mediate.
If the issue is a breach of the policy, admitting that the plaintiff is an insured may be a useful argument against a claim
for bad faith (i.e. not taking an
unreasonable position, not adding costs to the insured's claim, etc.).
In this injury case the trial judge was in the best
position to assess the reasonableness of the claimant's conduct at the time of the offer and the judge considered the information available to the plaintiff at the time the offer was made and concluded that it was not
unreasonable for her to have rejected the offer.
I realize that it's not PC
for me to say so, but I don't find Rice's
position unreasonable.
Justice Ian MacDonell, Superior Court of Justice: «Counsel do not have to argue the case
for the other side, or speak well of it, but taking
unreasonable positions is generally a losing strategy.
Not only would linking failed mediation to prompt judicial determination focus the minds of the parties at mediation, it would tend to improve mediation by curbing
unreasonable positions, and creating real, more affordable options
for parties faced with
unreasonable adversaries.
For most areas of family law there is no risk of a costs award being made, but if you take an
unreasonable position on interim maintenance, you could find yourself not only having to pay interim maintenance but also all the legal fees associated with the application.
[The right of first refusal is
unreasonable, and will increase conflict, stress, and distrust, where one parent is or is suspected to be seeking it to
position him - or herself to motion
for a change of custody.
[The right of first refusal is
unreasonable where one parent is, or is suspected to be, using it to
position him - or herself to motion
for a change of child support or alimony, or where it will in fact result in a change of child support because of the application of formulaic guidelines.]
A 2009
position statement prepared
for the Australian Psychological Society notes that «Parental alienation is defined as a child's
unreasonable rejection of one parent due to the influence of the other parent combined with the child's own contributions (Kelly & Johnston, 2001).