Sentences with phrase «less than the defendant»

Conducted a jury trial for the defence and received a jury verdict less than the defendant's offer to settle thereby receiving a costs award in favour of the defence.

Not exact matches

If both sides, through their eyes and their people's eyes, have concluded that the plaintiff is absolutely going to win this case, and the plaintiff is going to get a lot of money because they're totally on board with everything that has been presented, then that might be a good reason for the defendant to agree to a settlement with the plaintiff for less money than the potential exposure if the jury comes back and finds willful infringement.

Countries frequently implement WTO retaliation by imposing 100 percent tariffs on a list of imported goods from the defendant that add up to less than the authorized limit.

Yet according to third - party test results, the defendants» protein powders have significantly less protein than their labeling says they should.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

Justice Bola, having considered the arguments of all the counsel, granted bail to the defendants in the sum of N10million bond, 2 sureties in like sum who must be professors in FUTA or public officers not less than grade level 17, and must depose to affidavit of means.

The bombshell complaint — which names Cuomo and Hoyt as defendants — says Cater contacted Cuomo's office no less than six times but met «deliberate indifference.»

Justice Bola, having considered the arguments of all the counsel, granted bail to the defendants in the sum of N10m bond, two sureties in like sum who must be professors in FUTA or public officers not less than grade level 17, and must depose to affidavits of means.

«Menendez is entitled to no more and no less deference than any other defendant.

Flint raised the issue again later in an adjournment debate tonight, arguing that singling out rape defendants for anonymity carried the clear inference that rape victims were less reliable, less credible and less trustworthy than victims of other violent crimes, such as domestic violence or child abuse.

U.S. District Senior Judge Thomas J. McAvoy will rely on federal sentencing guidelines if he sentences Scarborough, and must publicly state his justifications if he sentences the lawmaker to less or more time than are called for in the guidelines, which take into account factors such as a defendant's criminal history and acceptance of responsibility for their crimes.

(a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.

Less than an hour later, the Publisher Defendant's CEO made phone calls, two minutes apart, to two other Publisher Defendants» CEOs, including Macmillan's Sargent.

Since most payday loans are for less than $ 1,000, the borrower in most counties would file the action in small - claims court, and include any filing fees or other costs with the amount demanded from the defendant.

During these pitch calls, the Enrollment Specialists tell consumers that Defendants» network of attorneys will negotiate settlements of their unsecured debts with creditors so consumers will be able to repay the debt for less than what is owed.

The defendants often refused to provide refunds or returned substantially less than what people paid.

If a majority of the Board considers that the charges allege such conduct, the Board shall order a hearing and shall appoint a hearing committee of not less than three and not more than nine members of the Club having no direct personal involvement in the issues to be heard, and shall fix a date and time for such hearing at a place within the region where the defendant resides.

If a majority of the Board considers that the charges, if proved, might constitute conduct prejudicial to the best interests of the Club or the Breed, the Board shall order a hearing committee of not less than three and not more than nine members of the Club having no direct personal involvement in the issues to be heard, and shall fix a date and time for such hearing at a place within the region where the defendant resides.

The National Petrochemical Plaintiffs explain that there is no dispute that application of the «two factors» identified by Defendants results in the following: (1) California's HCICO is assigned a CI [carbon intensity] value with less than half of the GHG emissions associated with its production and transport; (2) California's HCICO is the only HCICO to qualify for this favorable treatment; and (3) All HCICOs from outside of California are required to account for all of the GHG emissions associated with their production and transportation.

If the trial judge meant to assert «substantial connection» means something less than necessary, the defendant has the right to complain, to appeal, and to succeed (depending on what the evidence is.

I am convinced that the «Happy Gilmore» shot would have been less controllable than a normal tee shot, both because it involved a run - up to the ball (rather than an aimed shot from a stationary position) and because the defendant had been drinking throughout the day...

Instead of helping plaintiffs get justice, litigation financing may result in plaintiffs getting less than what they truly deserve as well as defendants paying more than they should.

The potential for a successful plaintiff to have to pay a substantial portion of their damages to the defendant because the amount awarded for damages at trial was less than an earlier offer is a legitimate concern.

After a four week trial, the jury found for the defendant on all fraud claims and awarded $ 150,000 on the contract claim, an amount which was significantly less than the offer of judgment made by Lightfoot two months before trial.

In this regard, I have also considered the time spent by Defendants» counsel on this matter, and the award of costs is less than 50 % of the time spent.

They can scare defendants into paying more than they owe or settling for far less than they deserve.

The offer — which can be made before as well as during the currency of proceedings (CPR 36.3 (2)-RRB--- must be in writing, state on its face that it is intended to have the consequences of Pt 36, state whether it relates to the whole claim or only part, and whether or not it takes into account any counterclaim, and specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs if the offer is accepted (the acceptance period), so the offeror can allow for more than 21 days or subsequently agree to extend (CPR 36.2).

The study also showed that, during a 16 - year span from 1988 to 2004, less than 9 percent of the 2,042 cases lost at trial and appealed to the U.S. Court of Appeals were reversed for plaintiffs in employment discrimination cases, compared with a 41 percent reversal rate for defendants who lost at trial.

there was nothing unjust in awarding a claimant his indemnity costs in circumstances where the defendant chooses not to accept an offer to settle for less than that to which the claimant is entitled.

Were defendants behaving particularly egregiously when it comes to corporate reputation, or were courts more likely to find conduct that injures corporate reputation to be egregious — perhaps because corporations are less likely than humans to sue unless conduct is egregious?

Put simply, these trial courts are faced with lengthy dockets with the pressure of trying to complete them in a sitting, often litigated by unrepresented defendants with little experience or knowledge of the substantive and procedural law, some quite upset about the perceived injustice in their case, in a crowded courtroom with perhaps less than ideal staffing or facilities.

The defendant has to file an answer within a certain time (usually less than 21 days) after receiving the summons and complaint.

Jury trial for personal injury claim, acting for the defendant: Gehlen v. Rana, 2009, BC Supreme Court, unreported — Court awarded damages less than amount offered

After a seven - day trial in which eight physicians testified, the jury returned a verdict in favor of the defendants after deliberating for less than an hour.

As one lawyer (among many lawyers) who has made these points repeatedly on behalf many defendants who seem much more deserving of sympathy than Mr. Libby — such as decorated veteran Victor Rita who just had his 33 month sentence affirmed by the Supreme Court for crimes seemingly much less serious than Libby's — I suppose I am pleased to see President Bush demonstrate compassionate conservativism for Libby.

Finally, at least one other large firm, Covington and Burling, is busy with a pro bono matter — it's working frantically to spare defendant Larry Smith from a capital sentence, after a jury convicted him and recommended the death penalty in less than 30 minutes, according to this extensive story on Alabama's court - appointed program for criminal indigents seeking appeal.

When a Rule 68 offer is made, it's a carefully calculated amount that the defendant thinks the plaintiff can't get in a jury verdict, even if they win, but it's typically less than the demand.

The claim related to a group action brought by no less than 599 claimants who holidayed at a Turkish resort in the summer of 2009 which had been booked though the defendant tour operator.

Similarly, Baltimore City juries are 29 % less likely to find defendants guilty of the most serious offense (p <.01) than the other jurisdictions.

It is intended to provide a simple way to resolve claims for fixed amounts of money less than # 100,000 and against no more than two defendants.

«In just 15 percent of cases,» the NYT reports, «both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more than the defendant had offered.»

Additionally, the offset for Asian defendants turned out to be a little less than half that of Black, Native, and Hispanic defendants.

Typically, such benefits are less than the amount that an employee might have received in a negligence lawsuit against a non-employer defendant for the same injury, but the trade - off is that workers» compensation cases are less likely to be contested and protracted than negligence actions — at least in theory.

I have concluded that the position of the defendant, and the legal and ethical position of defence counsel, are less difficult to maintain than many lawyers think.

At the very first meeting, the Defendants admitted that they could provide fielded data (much less expensive to work with than TIFFs and a single text file) and that they could easily provide a better production format than the previously offered TIFFs and text.

The plaintiff's action was brought more than two years after the defendant announced that it would not pay commission at the agreed - upon rate, but less than two years after the date at which the defendant was obliged to pay the commission.

I find the GAP program as implemented by the Defendant was less an instrument of help than it was a way to record Ms. Brake's anticipated inability to meet the Defendant's shifting expectations in order to justify a decision that had effectively already been made.

The British Columbia legislation allowed defendants to bring an application, not less than 120 days before the trial date, to dismiss the lawsuit and recover their costs on a full indemnity basis.

A plaintiff's action was NOT statute barred where the plaintiff refused to accept the defendant's position that it intended to pay a lesser rate of commission than that stipulated in the contract.4 Instead, the plaintiff continued to call upon the defendant to honour its bargain.

This was not because the shares were at that point worth less than the claimants paid for them, but because the purchase of the shares would not give them the result that the defendants had assured the claimants it would.