Sentences with phrase «judgment against the defendant»

A large judgment against a defendant may inspire future lawsuits.

In the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying action.

Plaintiff claims to have suffered injuries in said accident and seeks to recover a judgment against Defendant for the same.

On September 25, 2009 I released my Reasons for judgment wherein I granted the plaintiff judgment against the defendants in the amount of approximately $ 11.1 million dollars.

The appellant submits that he has three grounds of appeal: that the chambers judge erred in concluding that the damages could not be quantified; that the judge erred in dismissing the claim when the appellant already had two default judgments against the defendants; and that the judge erred by dismissing the claim on his own motion without notice to the appellant...

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

If the defendant does not show up judgment against the defendant may be given.

Once this burden has been met, a prima facie evidentiary foundation has been established supporting joint and several judgments against the defendants.

The injured party's attorney sends a Letter of Protection to a medical provider, agreeing that all of the medical expenses the patient incurs will be paid when the patient recovers the money for his / her injuries, whether through a settlement or court judgment against the defendant.

With respect to the plaintiff's successful default judgment against the defendant, Robert Card, the plaintiffs were awarded $ 9,346.36 inclusive of fees, disbursements and GST.

If the Defendant doesn't answer the Complaint, the court may enter a default judgment against the Defendant.

[2] In 2003 and 2005 the plaintiffs obtained judgments against the defendants, The Iranian Ministry of Information and Security («MIS»), the Islamic Republic of Iran («Iran») and The Iranian Revolutionary Guard Corp. (the «Revolutionary Guards»), in the United States District Court for the District of Columbia (the «US Judgments»).

In the recent case of Antonio Gramsci Shipping Corporation & others v Recoletos Limited & others [2010] All ER (D) 241 (May), the claimants applied for summary judgment against the defendants in a case alleging fraud and «corporate theft».

The plaintiffs obtained a default judgment against the defendants.

Yet it should not be overlooked that the claimant in Sowerby succeeded in securing summary judgment against the defendant who had successfully resiled from its admission.

Failure to file an Answer could result in a default judgment against the defendant.

Not exact matches

O'Leary himself is named as a «mise en cause,» someone who is not the main defendant but could be included if the plaintiff believes it may be necessary down the line to invoke a judgment against that person.

I share the view expressed by objective and reasonable members of the public that because the government was the 1st defendant / respondent against whom the Supreme Court made declarations of unconstitutional conduct in paying the judgment debt to Alfred Agbesi Woyome, the government has been pretending for purely political reasons at each turn to take steps to enforce the judgment and orders of the court only to deliberately abort them.

The Attorney General's (AG) Department discontinued its case against Alfred Woyome, in the GHc51 million judgment debt saga because it was considering a possible settlement with the defendant, President John Mahama has said.

Also, «for those defendants previously convicted and who have failed to satisfy the financial obligations imposed at sentencing, we will consider federal civil forfeiture actions against their pensions to satisfy criminal judgments,» the prosecutor said.

Appeal from judgment entered by the United States District Court for the Southern District of New York (Mark D. Fox, Magistrate Judge), which held that defendant Board of Education of the Newburgh Enlarged City School District intentionally discriminated against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and awarded damages to plaintiff.

The complaint seeks «a declarative judgment that defendant's publishing contracts violate the Maryland Consumer Protection Act,» including the MCPA's prohibition against deceptive trade practices.

The only time you are completely judgment proof is when you as a defendant win a lawsuit against you.

A judgment is a legal term used when a plaintiff files and wins a civil lawsuit against a defendant.

59 The answer to the first question and the first part of the third question is therefore that European Union law must be interpreted as meaning that it does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant.

57 In contrast to the situation of the defendant, who, when deprived of the opportunity to defend himself effectively, will have the opportunity to ensure respect for the rights of the defence by opposing, in accordance with Article 34 (2) of Regulation No 44/2001, recognition of the judgment issued against him, the applicant runs the risk of being deprived of all possibility of recourse (see Hypoteční banka, paragraph 54).

This judgment followed on from the well - known decision of Mr Justice Birss in Unwired Planet v Huawei where he determined that the English High Court had jurisdiction to determine portfolio FRAND on a global basis and could grant a so called FRAND injunction against a defendant if it chose not to enter into the licence on the terms determined by the Court.

A risk of dissipation basically means that, if left unrestrained, a defendant is likely to either hide or transfer away his assets so that the applicant can not enforce a judgment against those assets.

Otis alleged that these failures caused a judgment to enter against Cusick and that the judgment was obtained as a result of the defendant lawyer's negligence.

He found that the claims against the UK subsidiaries were properly constituted, and that the attempts by the Defendants to obtain summary judgment were misguided.

On appeal, the plaintiffs» requested that the judgment dismissing the action against Mr. Vicentini and Ford Credit be set aside and liability be apportioned equally between those two defendants and Mr. Hoang and requested that the amount of damages be increased.

The Ontario Superior Court of Justice in Busseri v. Doe, 2014 ONSC 819, dealt with the defendant's motion to set aside default judgment against him in an internet defamation case.

If the Defendant does not appear, there will likely be a judgment against her.

Default Judgment: This is where a judgment is obtained against a defendant without a hearing.

Mercury has been served as a purported UM carrier and Plaintiff is seeking to hold Mercury liable to satisfy all or a portion of any judgment which might be rendered against Defendant in this matter.

The insurer denied coverage to Mr. Hoang, and the plaintiffs were forced to bring an action for coverage, under section 258 (1) of the Insurance Act directly against the defendant insurer to have the insurance money payable under Mr. Hoang's motor vehicle policy applied toward satisfaction of the judgment.

Albers v. Woolworth Canada Inc., 1999 CarswellAlta 856 Acting for the plaintiff in this action for damages for personal injury sustained in a fall on the sidewalk adjacent to the defendants» property, I was successful in having an application for summary judgment against the plaintiff dismissed.

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

On interest, a non-compliant defendant against whom a money judgment is given may be caned for up to 10 % over base rate.

Guidance is given in s 14 (2): for the purposes of s 14 (1) an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

U.S. District Judge Philip Gutierrez of Los Angeles entered the judgment by signing a proposed default judgment against David K. Elam II, the defendant.

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

In California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurer.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

2 Dec. 12, 2016)(unpublished), a defendant corporation successfully obtained summary judgment against plaintiff and then moved to recover $ 133,644.50 in attorney's fees and costs from losing plaintiff.

«In light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.»

An award of damages; the receiving of a favorable judgment; the winning of a lawsuit; a decree of a court granting the plaintiff part or all of his claim or claims against a defendant.

As stated in Briggs and Rees Civil Jurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept to a minimum.

If your client is the claimant in a cross-border dispute, how easy will it be to enforce a judgment / award against the defendant and against what assets?