Sentences with phrase «in frivolous cases»

Attorney costs are paid in frivolous cases, and this case didn't rise to the high standard for frivolousness, the court said.

Not exact matches

«While this lawsuit is frivolous and will be dismissed, if the case goes forward, the DNC has created an opportunity for us to take aggressive discovery into their claims of «damages» and uncover their acts of corruption for the American people,» said Brad Parscale, Trump's campaign manager, in the Friday statement.

I know some people think of Hollywood as frivolous and wasteful, and while that may be true in some cases, it can also bring attention to important issues in our world.

Of heroism Peguy wrote: «Heroism is essentially a skill, a condition and an act of sound health, good spirits, joy, even merriment, almost of frivolous playfulness - in any case, an act of pleasure, well - being, an act of the unconstrained, relaxed, productive person, of security, self - mastery, self - possession, almost (so to speak) of custom and routine, of good manners.

(i) Upon receipt or initiation of a complaint, the Chairperson of the Committee on Ethics shall promptly mail or deliver by other means a copy of the complaint to each person or organization who is charged with a violation, unless the Chairperson determines that the complaint is so frivolous that it should be dismissed without further inquiry, in which case the full Committee shall be notified and may review the ruling of the Chairperson and direct that the complaint be mailed.

Board members noted that with the 2 to 3 million dollars in legal fees including frivolous cases like this brought against them, it is getting difficult to fiscally operate.

«This kind of a study is important because Congress is contemplating changing the rules for fee - shifting in patent cases in order to prevent frivolous litigation by patent trolls,» he said.

Wisconsin renters insurance can respond to claims like that, frivolous or legitimate, and in some cases even provides a defense if things progress to the point where it is necessary.

It adds that the current «frivolous» lawsuit should be rejected as it contains the same allegations put forward in the first case.

Great that all aboard were quickly rescued, but I can't help noting that, here we go again, a sensitive environment is subjected to pollution from a human activity, in this case it may be said, a frivolous human activity.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

As was evident at last week's House Judiciary Committee hearing, while they try to link caps to «frivolous lawsuits» (which are not a problem to begin with), in reality caps only apply to the most seriously injured victims, who have already won their case and proven that the health care provider was negligent.

In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate.

Finally, I'd be remiss not to mention that in general judicial discretion in many aspects of litigation is a desirable and useful occurrence, whether it manifests itself in the dismissal of a frivolous case or appointing counsel to an indigent defendant.

I can understand an insurer's reasons for adopting a tough stand on what it considers to be frivolous or nuisance claims, but in this case that seems to have been taken too far.

It should, however, be borne in mind that summary dismissal under DISP 3.3 was not limited to cases which the ombudsman considered to be frivolous or vexatious or without a reasonable prospect of success.

We constantly see commentary on frivolous lawsuits, and cases that poke holes in limitation clauses in contracts of various types.

By treating the claim as an asset with a value that can be measured in the marketplace, Juridica adds important incentives to the corporate litigation and arbitration system: far greater transparency, reduction of unnecessary costs, faster resolution of cases, and a reduction in frivolous claims — with better outcomes for businesses.

In that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax - protest caseIn that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax - protest casein tax - protest cases.

While the Court understands that counsel for the Defendant is a law professor, and that he believes this case serves an important educational function, counsel must also understand that he represents a client in this litigation — a client whose case may well be undermined by the filing of frivolous motions and the failure to comply with the Rules.

Our snapshot of cases captures a somewhat different picture, which is the cost of self - represented litigants to the justice system in terms of frivolous, unsupported, or improperly framed claims, applications and appeals, resulting in adjournments and, more generally, wasted and inefficiently used court time.

In the American legal system, judges have the power to dismiss cases that they believe to be without merit, and even punish lawyers who bring frivolous suits.

Act 2, including: changes to Wisconsin's product liability laws; adding Daubert standards for cases tried in Wisconsin involving expert opinion and evidence; eliminating the controversial «risk contribution» theory created by the Wisconsin Supreme Court in the 2005 Thomas v. Mallett decision; placing caps on punitive damages; and reducing frivolous lawsuits by holding parties liable for costs and fees for filing frivolous claims.

(Part 1: The Motion), S.C. Law., May 2013, at 54, 54 («After speaking informally with several state court judges, I realized that they are reluctant to grant summary judgment motions except in cases in which the claims are almost to the point of being frivolous.»)

The direction from the HPRB in this case is essentially that where an inquiry committee does not view a complaint as trivial, frivolous, vexatious or made in bad faith, it can not elect to take no further action under s. 33 (6)(a) of the Act on the basis the registrant has not generally failed to meet professional standards (as submitted by the college), or on the basis the substandard care was an isolated incident not disclosing incompetence (as submitted by the registrant).

My database has 4 leave decisions issued by Justice Wakeling under section 688 between 2014 and 2016, and interestingly he has granted leave in each case interpreting the «reasonable chance of success» criteria as requiring an applicant to show its case is merely arguable — as in not frivolous (See Edmonton v Edmonton (SDAB), 2016 ABCA 129 (CanLII); Kalinski v Cold Lake, 2015 ABCA 402 (CanLII); Osman Auction v Edmonton, 2015 ABCA 135 (CanLII); Edmonton v Edmonton (SDAB), 2014 ABCA 337 (CanLII)-RRB-.

The report summarizes much of what has already been stated above and the findings of the Commission are surprisingly consistent with those made 50 years earlier by the Clement Report in Alberta, including a recommendation that there should generally be no requirement for a prospective appellant to obtain leave from the court to exercise a right of appeal except in cases where there is a genuine concern for frivolous appeals.

14 o Vidmar testified, «In interviews with liability insurers that I undertook in North Carolina and other states, the most consistent theme from them was: «We do not settle frivolous cases!&raquIn interviews with liability insurers that I undertook in North Carolina and other states, the most consistent theme from them was: «We do not settle frivolous cases!&raquin North Carolina and other states, the most consistent theme from them was: «We do not settle frivolous cases!»

An interest in deterring frivolous lawsuits — and which cases qualify is often in the eye of the beholder — can not outweigh our imperative to have disputes resolved in a impartial tribunal when no other means is available.

A new study by MLex uses Lex Machina data to show that more and more district courts are granting attorneys fees requests: Nearly six months after the US Supreme Court made it easier to award attorneys» fees in «exceptional» patent cases, US district court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a patent suit: the Eastern District of Texas.

Nearly six months after the US Supreme Court made it easier to award attorneys» fees in «exceptional» patent cases, US district court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a patent suit: the Eastern District of Texas.

The result it imposes in that case does not follow from the application of legal rules to the parties» account of the facts or law (which could include the conclusion that the account is frivolous, untrue or unmerited).

The case has been filed in a Nebraska district court by Senator Ernie Chambers, in protest at frivolous law suits in the US courts.

The California Public Records Act (CPFA) has a fees / costs shifting provision in Government Code section 6259 (d) which provides that the court shall award court costs and reasonable fees to the «plaintiff» should the plaintiff prevail in CPRA litigation and shall award court costs and reasonable fees to the public agency if the court find that the «plaintiff's» case is clearly frivolous.

[55][56] In the case of Fox v. Vice, U.S. Supreme Court held that reasonable attorneys» fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred «but for the frivolous claims.»

Wisconsin renters insurance can respond to claims like that, frivolous or legitimate, and in some cases even provides a defense if things progress to the point where it is necessary.

To deter frivolous lawsuits, the study recommends improving the system through greater use of fee - shifting to losing litigants in patent cases and more stringent pleading requirements.

No frivolous colors for Belkin, this case only comes in a serious black finish.