Sentences with phrase «individual issues trials»

«[171] While it is true that the common issues trial will not necessarily be dispositive of all issues between the Class Members, and some of the Class Members (but not the Section 97 Group members [Group 1 in this article]-RRB- will have to go on to individual issues trials, the common issues trial will make a substantial advance in the litigation and will determine whether it is worthwhile for the Assessed Group and the No DOTP Group [Group 2 and 3 in this article] to proceed to individual issues trials for a quantification of their losses.

Conversely, assuming that the Plaintiffs are successful at the common issues trial, there is also the prospect that some members of the Assessed Group [Group 2] may not need to proceed to individual issues trials.

If the Defendants are successful in defending these claims, there will be very few individual issues trials.

«[Group 2] will require individual issue trials to quantify their wrongful dismissal losses, and in those individual issues trials, will have to give credit for what they recover in the proceedings before the OLRB for unpaid wages and vacation pay.»

If the common issues were decided against Thomson, then the court would not have to decide those substantial issues again in the individual issues trial.

The first aspect is whether the communications between Class Members with Thorsteinssons and with Davies Ward Phillips & Vineberg are relevant, and the second aspect of the issue is: if the communications are relevant, then are they relevant for the purposes of the common issues trial or are the communications relevant to an issue that will be decided at an individual issues trial if the action proceeds that far.

Not exact matches

Supporters and individuals who have experienced speedy trial issues — including Cuomo's ex-wife Kerry Kennedy — held a rally at the Capitol yesterday calling for action on Kalief's Law by the Senate Codes Committee and by Gov. Andrew Cuomo to fix New York's speedy trial statute.

He added: «I think that the important issue here is that it is not just one individual, Parliament's on trial.

Fortunately, that did not prove an issue in the phase 1 trial, which showed that a single infusion of the VRC01 antibody could suppress the blood plasma level of HIV in infected individuals not taking antiretroviral therapy.

In this role, Ms. Roxland re-launched and chaired J&J's Ethics Committee, created an enterprise - wide consultation service for teams and individuals confronting complex research ethics issues, and provided guidance on issues such as post-trial access for former research participants, conducting clinical trials in war - torn regions, testing of a potential Ebola vaccine during a public health crisis, commercialization of stem cell therapies, subject recruitment and withdrawal, and expanded access / compassionate use.

For those individuals with persistent reflux issues that are resistant to typical approaches involving lifestyle, diet and natural supplements, I will often recommend that we do a trial H. pylori eradication, even if lab tests are negative.

For individuals who experience issues walking up to somebody in the city, the liberal free trials Vibeline offers makes it an offer hard to turn down.

(B) the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial.

«The trial is certain to produce many arguments regarding the issue of an organisation's corporate liability as opposed to the liability of individuals working for that organisation.»

If a lawyer takes an individual's case and their trial loses, an individual can certainly file an appeal if there are appealable issues.

Had the proposed class action not been statute - barred, Justice Perell would have certified it, but with individual trials on the issue of causation, reliance, and damages.

Drawing on our deep knowledge and understanding of healthcare compliance and regulatory issues, our team of experienced trial lawyers has represented individual providers, medical groups, facilities, and other entities in civil disputes across a wide range of business issues.

In the same way that plaintiffs are permitted to try their cases at the common issue trial stage with reference to expert opinion establishing a common causal link where there is some basis in fact to do so, it appears that defendants who seek contribution and indemnity from third parties will be entitled to the same procedural courtesy without recourse to individual proof.

The motions judge found that the databases and the CD ‑ ROMs reproduced individual articles, not the collective work of the newspapers, but dismissed the motion on the grounds that there were genuine issues for trial.

At present, the bulk of public services seem to me to be delivered at one of three points in people's involvement with the law: general public legal information delivered through seminars, workshops and pamphlets to people who are idly grazing for legal information or helping a friend; narrowly - focused legal information, advice and representation delivered to individuals at the moment of crisis, often following separation, a threat to take the children or service of process; or, detailed, concrete legal information and advice delivered to individuals who are well engaged in a proceeding, usually unrepresented by counsel, and are seeking details about specific issues, such as making or replying to an application, demanding or making disclosure or preparing for trial.

While not completely disposing of the lawsuit, a ruling by the court on individual issues in the injured party's favor may result in the defendant being more inclined to resolve the personal injury lawsuit short of trial by negotiating a just settlement.

Michael, a Fellow of the American College of Trial Lawyers, is often called upon to provide opinions on complex legal issues involving individuals and corporations both before and after criminal charges are sworn.

In many cases, individual trials are required after the resolution of common issues to determine the claims of or compensation owed to particular class members.

Belhaj and Boudchar v Rt Hon Jack Straw MP and ors [2013] EWHC 4111 (QB) Trial of preliminary issue as to whether claims against HMG and individual claimants (including former Foreign Secretary) in relation to alleged rendition to Libya were barred by principles of sovereign immunity or foreign act of state.

The Court noted that, while predominance «requires a determination that group, rather than individual, issues predominate,» that does not «preclude the consideration of individual issues at trial when those issues legitimately touch upon relevant aspects of the case being litigated.»

From the defendant's perspective, such a trial might demonstrate why class certification was properly denied because individual issues mattered.

Mr. Katz and The Patterson Law Firm, LLC regularly represent individuals, private and public corporations and law firms in litigation, trials and alternative dispute resolution involving professional liability and disciplinary issues.

Tenny v. Ontario 2015 ONCA 841 Conflict of Laws — Statutes — Trials Summary: At issue on this appeal was whether s. 26 (3) of the Provincial Offences Act, R.S.O. 1990, c. P - 33, authorized service of a summons by registered mail on an individual who resided in the United States of America.

The trial judge ruled that the issue was non-justiciable, despite the fact that individual rights depended on it.

The thorny issue of tracking of location data without risking individual privacy is very neatly illustrated via a Freedom of Information (FOI) request asking London's transport regulator to release the «anonymized» data - set it generated from a four week trial last year when it tracked metro users in the UK capital via wi - fi nodes and the MAC address of their smartphones as they traveled around its network.

Overall, the broader policy context for the COAG trials has been the Federal Government's emphasis on mutual obligation and the responsibility of all players (government, communities, families and individuals) to address issues of social and economic participation.

Her current research projects funded by the Australian Research Council and other funding bodies are investigating ways of regulating the use of seclusion and restraint in health care settings in different countries; what supported decision - making means for individuals with severe mental health issues and finding alternatives to preventive detention for accused persons considered unfit to stand trial.