Sentences with phrase «individual claim against the defendants»

The main consequence of any judgment (favourable or unfavourable) is that each class member will be bound by the judgment and can not advance an individual claim against the defendants on the same subject matter.

Not exact matches

Well, suffice it to say that individuals and groups associated with the defendants are sounding off through the comment process, and they are making very strong claims to the general effect that DOJ's efforts to protect consumers against ebook price - fixing are misguided, because the DOJ should instead be protecting the interests and the distribution infrastructure of the same publishers who colluded with Apple to raise ebook prices by 30 to 100 percent back in 2010.

Defeating conditional certification of a national FLSA collective action filed in the U.S. District Court for the Northern District of California alleging unpaid overtime for all nonexempt employees of a national furniture retailer and getting claims dismissed against the individual defendants;

Instead, they were only sued under the PAGA claim, and here is the kicker — plaintiffs never sought fee entitlement in the notice of motion and motion under the PAGA fee - shifting provision much less attempted to segregate fee recovery against individual defendants solely against the PAGA claim.

A typical personal injury claim against an individual defendant resolves in one of two ways: (1) settlement with the defendant, or (more commonly) his or her insurer, either...

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pAgainst Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

As for the dismissal of the claim against the individual defendants, again the decision makes sense.

Represented public works contractor claiming unpaid retention, change order work, and fraud against school district and individual defendant, and defended contractor against breach of contract and false claims by district in three - week California state court jury trial.

When bringing a lawsuit against government defendants, your claims against the individual drivers and the agencies they work for may be different.

Two days after filing its motion to vacate the First Award, Weirton filed this action, asserting various claims against Quorum, Community Health Systems, Inc. («CHSI»), and individual defendants.

The plaintiff also alleges that before abandoning the lease, Dynasty transferred funds and assets to various corporations and individuals and claims a declaration that Dynasty's alleged transfer of monies, assets, business and opportunities from itself to the co-defendants Polar Spas Ontario Inc. and 732311 Alberta Ltd., and its transfer of monies or assets to the defendant Williams and to the co-defendants Marsall Brent and Ken Nikel are void as against Dynasty's creditors as fraudulent conveyances.

Whether the claim is against an individual or a business, it's unlikely for the defendant to admit fault or take responsibility for someone else's medical bills and financial losses without a fight.

Kathy has also defended an international dialysis services provider against RICO claims in federal court based on allegedly fraudulent billing activity, represented a pharmaceutical services provider in a billing dispute with a chain of nursing homes, defended home health agencies in suits brought by employees pursuant to the Fair Labor Standards Act, and represented other providers and associations of providers as plaintiffs and defendants in a variety of matters in federal and state court involving issues ranging from contract interpretation to cash receipts assessments to the federal Individuals with Disabilities Education Act.

She subsequently obtained a consent order adding the individual appellants, all directors of Local 773, as defendants, and amended the statement of claim to plead that that the individual respondents were jointly and severally liable for her claim as against Local 773.

In practice most child abuse compensation claims are brought against an institutional defendant rather than the individual abuser who committed the abuse.

Worldwide tracing and freezing injunctions in support of Noga's claim against the Abacha defendants and a well known bank arising out of their dealings with funds in which Noga claim a beneficial interest; whether Noga had an equitable proprietary interest in the bills of exchange and their proceeds under their contract with the Russian Federation; whether individuals in the governments of Russia and / or Nigeria acted fraudulently.

In Searl v. Ogden Board of REALTORS ®, the Tenth Circuit addressed a discount broker's antitrust and interference with contract claims against the Ogden Board of REALTORS ® (Board) and several individual and corporate defendants.