Sentences with phrase «go against plaintiffs»

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.

If round one goes against the plaintiffs, they will need to fundraise for appeals.

Not exact matches

David Sanford, chairman of Sanford Heisler Sharp, the law firm that argued the largest - ever employment gender discrimination case to go to trial — a class action suit against Novartis Pharmaceuticals that resulted in a $ 253 million jury award for plaintiffs in 2010, reduced post-trial to $ 175 million — noted that in that case, the company had just three investigators for a workforce of thousands.

When news broke in 2015 of Volkswagen's massive diesel emissions - cheating scandal, Hagens Berman was the first firm in the nation to file suit against the automaker for its egregious fraud, going on to represent thousands of owners in litigation and take a leading role on the Plaintiffs» Steering Committee that would finalize a $ 14.7 billion, record - breaking settlement for owners.

NYC Councilman Robert Jackson, who chairs the Council Education Committee and is an original plaintiff in the CFE case, is going to lead a protest Saturday against record setting education aid cuts proposed by Gov. Andrew Cuomo and the rollback of the settlement payout.

It could go either way, but I think from the way the judges» questions went that the odds are now more likely that the court will rule against the plaintiffs, allowing ES cell research to continue.

An Oregon judge ruled earlier this month that a complaint filed by more than a dozen young plaintiffs against the federal government — referred to by advocates as «the most important lawsuit on the planet right now» — can go to trial.

The plaintiff, however, argued that several aspects of the arbitration agreement were invalid because enforcing the terms went against good public policy.

«This is going to cause great uncertainty going forward in complex litigation against multiple defendants in federal courts and in state cases with plaintiffs in one state and a defendant in another state.»

National plaintiffs firm Cohen Milstein — which opened an office in Raleigh earlier this year — is representing plaintiffs in a class action lawsuit against Rooms to Go North Carolina Corp..

As a result, it is going to be up to the trial courts across the country to provide more guidance as to what «reasonable possibility» of success means when plaintiffs are asking for leave or authorization to go ahead with a securities - based class action against a publicly traded company.

The plaintiff appealed and the appellate court agreed that the negligence per se claim should have been tossed out but that the simple negligence claim against the trucker should go to a jury.

Plaintiff Donald Brier brought a cause of action against a practice group and an orthopedic surgeon, Greater Hartford Orthopedic Group P.C., and David Kruger, MD, an orthopedic surgeon (collectively, Defendants), alleging medical malpractice arising out of a spinal surgery that went bad.

They've gone up against big - name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well - known cases of the...

They've gone up against big - name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well - known cases of the past year.

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 court also upheld the jury's $ 6M damage verdict in Meriturn against the plaintiff's claim that it was too low (the plaintiff sought over $ 23M,) While the plaintiff sought lost profits (profits lost as a result of the investment going bad due to the bad patent advice), those damages were foreclosed by the «new business» rule.

[16] Elimination of proof of causation as an element of negligence is a «radical step that goes against the fundamental principle stated by Diplock L.J. in Browning v. War Office, [1962] 3 All E.R. 1089 (C.A.), at pp. 1094 - 95: `... [a] defendant in an action in negligence is not a wrongdoer at large; he is a wrongdoer only in respect of the damage which he actually causes to the plaintiff»»: Mooney v. British Columbia, 2004 BCCA 402 (CanLII), 2004 BCCA 402, 202 B.C.A.C. 74, at para. 157, per Smith J.A., concurring in the result.

The firm garnered national attention during its VIOXX litigation, most notably winning a substantial verdict against Merck & Co. in the very first VIOXX lawsuit to go to trial as well as securing two additional very significant plaintiff verdicts.

Recently, a plaintiff's purported class action against Diet Dr. Pepper went flat when a California federal judge held that the term «Diet» alone on a soft drink label does not constitute a claim that the soft drink will assist in weight loss.

Though there is a presumption against costs on the motion to dismiss to a successful plaintiff (i.e. one whose suit is allowed to continue), I expect that courts will not be sympathetic to expression that goes beyond what judicial decisions come to define as acceptable under the new law.

We are far larger than any other firm that does a significant amount of plaintiffs» work, a fact that makes us uniquely suited to go head - to - head against the biggest corporations in the world.

When the loan went into default, the plaintiffs, as mortgagees, issued a Power of Sale against property B.