Not exact matches
If both sides, through their eyes
and their people's eyes, have concluded that the
plaintiff is absolutely going to win this case,
and the
plaintiff is going to
get a lot of money because they're totally on board with everything that has been presented, then that might be a good reason for the
defendant to agree to a settlement with the
plaintiff for less money than the potential exposure if the jury comes back
and finds willful infringement.
As I also testified, one of my goals (
and I believe this to also be a goal of the
plaintiffs» writ large) is to (a)
get the state of New Mexico to release the data to an external evaluator to evaluate the models» functionality (this person certainly does not have to be me) or (2) release the data to the «expert witnesses» on both the
plaintiffs» side (i.e., me)
and the
defendants» side (i.e., Thomas Kane of Harvard), so that we can both examine these data independently,
and then come back to the court with our findings
and overall assessments regarding the model's overall strengths
and weakness, as per the actual data.
In two recent high profile US cases, one jury found for the
plaintiff where the two songs had almost nothing in common (
Got ta Give it Up
and Blurred Lines) whereas in the other case, the jury found for the
defendant even though there was significant borrowing from the
plaintiff's composition (Taurus
and Stairway to Heaven).
Paragraph 5.2 presents the
defendant's defences that i) the proceedings constitute an undesirable breach of the political negotiation process on Brexit
and ii) the
plaintiffs have set up a notional dispute exclusively intended to
get the case put forward to the ECJ.
1 Feb. 19, 2016)(unpublished), parties
got into a hotel management imbroglio where
plaintiff sued
defendants,
and one
defendant brought a cross-complaint in a back -
and - forth matter, even in two prior appellate decisions, resulting «kinda» in a mixed decision.
The Parrot on the other side will argue to The Wise One that the
plaintiff didn't
get everything right,
and the
defendant will win.
Plaintiff gets what their case is worth
and Defendant feels like their lawyer saved them from catastrophe.
The court ruled that the
plaintiff waited too long to
get a lien, but they claimed that the
defendant was very demanding
and it required more work than anticipated.
The
Plaintiff must prevail
and get in excess of 60k or the
Plaintiff will not only lose the ability to be compensated for costs, but will have to pay the
Defendant's costs from the date of the offer forward.
Come to think of it, maybe there should be a law that says the
plaintiff gets to choose the size of law firm both the
plaintiff and the
defendant must retain,
and that both firms must be the same size within a range.
There is a big difference between representing the
plaintiffs in product liability cases in Missouri to representing the
defendants, or in other words, the big manufacturers
and distributors
and companies that
got you into this position of having to make a claim.
The
defendant, however, takes the stand
and argues that even though the written contract says «September 20,» the
plaintiff told him at the signing, «you know, if you can't
get that money together until the 30th, I totally understand.»
Taking over a Clayton Act Anti-Trust case from a large law firm who recommended my client pay $ 200,000 in damages evolving from «Unfair Competition»,
and getting a directed verdict after the
Plaintiff failed to make his case,
and then collecting $ 80,000 from the
Plaintiff in settlement of the
Defendant's Counter Claim.
The
plaintiff claimed that the
defendant negligently injured her bowel during the initial surgery, did not detect the injury,
and failed to
get the proper surgical consultation.
The trial then
gets underway with opening statements by attorneys for the
plaintiffs (Ted Olson & Therese Stewart) challenging Proposition 8 on federal constitutional grounds
and by the attorney for the official proponents of Proposition 8 (Charles Cooper), who intervened to defend its contitutionality (as
Defendant - Intervenors).
Applying New Mexico law, the Court determined that this case was not an «exceptional circumstance» where medical causation is within common experience or the knowledge of the average person,
and they granted the
defendants» motion, preventing the
plaintiff from
getting her case to a jury.
By entering the name of the
plaintiff and the
plaintiff's law firm, users immediately
get an overview of the
plaintiff's litigation history including recently filed cases against other, similar
defendants; where the
plaintiff typically files suit; how much experience its law firm has;
and the kinds of clients they typically represent.
And the defendant would receive its costs and attorneys fees from the date of the offer, if it had offered $ 42,000, but the plaintiff got only $ 40,0
And the
defendant would receive its costs
and attorneys fees from the date of the offer, if it had offered $ 42,000, but the plaintiff got only $ 40,0
and attorneys fees from the date of the offer, if it had offered $ 42,000, but the
plaintiff got only $ 40,000.
If a
defendant has pleaded that a clam is statute barred
and the
plaintiff intends to try to
get around the limitation period by relying on discoverability, the
plaintiff needs to plead the facts that support the discoverability argument in a Reply or otherwise (Collins v. Cortez, 2014 ONCA 685).
Here are some highlights on the predictions offered by the panelists: 1) class actions are not going away; 2) the continued growth of mass commerce will continue to spawn class action litigation; 3) Justice Scalia's death will have a significant impact on class action jurisprudence going forward
and the judiciary is likely to
get less friendly to
defendants in the short - term; 4) technology will make a big difference for the better in managing class action litigation; 5)
defendants will continue to come up with creative, far - reaching ways of limiting class actions; 6)
plaintiffs» attorneys will continue to bring class actions when a) they think they can make money
and / or b) they think they will advance the public good; 7) there will be some good class actions
and some horrible ones; 8) look out for states to pass new consumer protection laws similar to the New Jersey New Jersey Truth - in - Consumer Contract, Warranty
and Notice Act (TCCWNA); 9) the TCPA
and all - natural litigation booms will continue in the near future; 10) The CFPB will broadly define consumer finance services; 11) more class actions will go to trial; 12) what happens with the enforceability of arbitration clauses will have a big impact on the viability of many categories of class actions in the future; 13) look for more class actions in the federal courts in New York state.
Judge Posner's remarks were filled with unique insights
and a few zingers including his comment that class action settlements are «an invitation to shenanigans» where, in his view, the class is at the mercy of the
plaintiffs» attorneys,
and the
Defendants interested in
getting off as lightly as they can, so the judiciary has an important role in scrutinizing the terms.