Sentences with phrase «identity of the defendants»

If litigation is involved, who commenced the action, the identity of the defendant and what relief is being sought,

Referring to Section 308 of the 1999 Constitution which confers immunity on the governor, the judge pointed out that the applicant concealed the identity of the defendant while seeking the order to freeze the accounts.

Under s 14 (1), the date of knowledge is that on which the claimant first became aware the injury in question was significant, that the injury was attributable to the act or omission complained of and the identity of the defendant.

There are understandable concerns with shielding the identity of defendants in criminal trials but perhaps the time has come to rebalance the scale.

Without knowing the identity of the defendants this test can often be difficult to meet at a claims or discovery stage.

In general, the claimant must start the normal action within three (3) years from the end of the year of the publication or broadcast complained of and the year in which the claimant became aware of the circumstances giving rise to the claim and identity of the defendant.

In some cases where you are not aware of the identity of the defendant, we are always rich in the necessary skills and knowledge to obtain the evidence to prove the identity of the wrongdoers.

In the 2004 case, in the course of suing individual alleged file sharers à la the RIAA, CRIA attempted to force various ISP's to divulge certain information that would allow CRIA to determine the identity of the defendants.

The purpose of pleading a John Doe defendant is to protect the plaintiff and the plaintiff's lawyer from circumstances in which it is later argued that they ought to have known the identity of the defendant in question, and that the limitation period was therefore missed.

Not exact matches

All the defendants were charged with one count of conspiracy to defraud the US; the IRA and two defendants were charged with conspiracy to commit wire fraud and bank fraud; and the IRA and four defendants were charged with aggravated identity theft.

«Defendants and their co-conspirators also obtained, and attempted to obtain, false identification documents to use as proof of identity in connection with maintaining accounts and purchasing advertisements on social media sites,» the indictment says.

Poorly educated and penniless defendants often lack the means to procure competent legal counsel; witnesses can be suborned or can make honest mistakes about the facts of the case or the identities of persons; evidence can be fabricated or suppressed; and juries can be prejudiced or incompetent.

«Lake's employement was terminated as a result of the performance of his job duties in an exemplary manner and without regard to the identity of the potential defendant,» the petition claims.

Once the lawsuit goes forward the internet service providers can be subpoenaed to provide the actual names of the defendants, but for now their identities are unknown.

«we are not only talking about fraud and deception of inconceivable sums, but also a complex and extensive operation created by the defendants in order to hide behind straw companies, false and fictional names and identities, and all this in order to persuade the plaintiff to fall into a trap in which they buried her and which to her regret she fell into»

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

For example, the identity of our clients and the defendants, the date of the incident, the Docket or Court Number of the lawsuit, along with the amount of the settlement, have been withheld.

In mesothelioma cases the most important factors in this determination are where you were exposed to the asbestos, where you live, and the identity and location of the defendant (s).

The Superior Court of Justice has refused to grant a plaintiff's motion for an order requiring the defendants in a defamation action to reveal the identity of anonymous blog commenters.

In March, the former mayor brought a motion seeking an order requiring the named defendants, their lawyer and the host of the Aurora Citizen website to provide whatever information they had concerning the identities of the anonymous commenters.

The Court found that the plaintiff «should not be deprived of the opportunity to advance a claim» on the basis that the contractor's identity was not disclosed to the plaintiff by the other defendants.

(f) the plaintiff has provided the defendant with evidence of the plaintiff's identity, if evidence of the plaintiff's identity is requested by the defendant.

However, the Court ultimately found in this case that the plaintiff did take reasonable steps to determine whether or not a contractor was involved in snow maintenance on the property, and despite the fact that the defendant condominium corporation could have disclosed the identity of the contractor sooner, it failed to do so.

The defendants relied on expert opinion that Kazakhstan's limitation period could commence once a potential claimant was aware of having suffered wrongdoing, without knowing the wrongdoer's identity.

They pointed out that the court had no ability to actually ascertain the connection of the defendant to the state while he continued to obscure his identity.

The Court had little difficulty finding, in respect to the second sub-issue, that there was no serious concern about indeterminate liability, relying on the well - established legal principle that indeterminate liability will not be a concern where the auditor knows the identity of the plaintiff and where the defendant's statements are used for the specific purpose for which they were made.

Paul McClorry, head of travel litigation at Hudgell Solicitors, said: «Whilst the defendant succeeded in its appeal due to the corporate identity of the contracting party, the most significant comments are obiter.

These defenses allow violent defendants to place the blame for their violence on the gender identity or sexual orientation of their victims.

The plaintiff must disclose the identity and qualifications of the expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed.

In such a scenario, there would be good reason to argue that concealing that witness's identity would not deprive a defendant of a fair trial.

The defendants argued that since there was not yet any national identity register, they could not be convicted of an offence under s 25 (1) of the Identity Cards Aidentity register, they could not be convicted of an offence under s 25 (1) of the Identity Cards AIdentity Cards Act 2006.

This Restatement provision states that» [o] ne who appropriates the commercial value of a person's identity by using without consent the person's name, likeness, or other indicia of identity for purposes of trade is subject to liability...» Relying on the Restatement, the Missouri Supreme Court held in TCI, 110 S.W. 3d at 369, that «the elements of a right of publicity action include: (1) That defendant used plaintiff's name as a symbol of his identity (2) without consent (3) and with the intent to obtain a commercial advantage.»

To prove a violation of one's right of publicity a plaintiff must establish that the defendant commercially exploited the plaintiff's identity without the plaintiff's consent to obtain a commercial advantage.

In brief, the new procedure will require that the defendant serves on the prosecution and court a document containing the following: (i) the reasons why it would be unjust for the guilty plea to remain unchanged; (ii) what, if any, evidence the defendant wishes to call; (iii) identity of any proposed witness; and (iv) whether legal professional privilege is waived, specifying any material name and date.

Last week, a federal court in Ohio (in Voltage Pictures, LLC v. Does 1 - 43, 2013 WL 1874862) expressly recognized the concern that some production companies have been «misusing the subpoena powers of the court, seeking the identities of the Doe defendants solely to facilitate demand letters and coerce settlements, rather than ultimately serve process and litigate the claims.»

By naming a John Doe defendant, a plaintiff can usually avoid limitation period problems by substituting the John Doe defendant with the correct defendant upon learning of the identity of the correct defendant (see section 21 (2) of the Limitations Act, 2002).

Even if CRIA were able to convince a Court to order an ISP to divulge the identity of the alleged file - sharer, and even if CRIA could prove to a Court that the defendant's conduct in uploading or downloading the recordings in question was not within the private copying exemption, the total statutory damages that could be awarded to CRIA, if not grossly out of proportion to the damage suffered, could not exceed $ 20,000 per recording, for a total of $ 480,000 (Can.).

In Mitsui & Co Ltd v Nexen Petroleum UK Ltd [2005] EWHC 625 (Ch), [2005] 3 All ER 511 relief was refused because the applicant knew the identity of its intended defendant and could have obtained the information sought by way of an application for pre-action disclosure.

An open issue in Canadian internet defamation law is whether courts should require that anonymous defendants be given notice of, and an opportunity to oppose, applications to compel the disclosure of their identities by third parties...