Sentences with phrase «liability of the defendants»

These include the degree to which you've suffered up until now, the likelihood that your injuries and damages will continue into the future and for what period of time, a complete and thorough assessment of not only the liability of the defendant but the manner in which that liability caused your injuries and the full extent of your past and future economic damages, such as lost wages and related medical expenses.

The defendant challenged the claim on a number of grounds, including the existence of a contractual clause limiting the total liability of the defendant to # 14K.

Since the Court did not apply the principle of joint and several liability of the defendants (the ability to recover all the damages from any of the defendants regardless of their individual share of the liability), Robinson will have to collect his award from his opponents one by one under proportionate liability.

Second, the cases did not establish any rule or principle, applicable to collision cases or analogous types of case in the Admiralty Court, where there was no counterclaim, that a claimant who was found at fault under MSA 1995, ss 187 (1) and (2) should recover its costs in proportion to the percentage of liability of the defendant.

The value of your claim depends on a variety of factors, such as the severity and permanency of your injury, the amount of your medical expenses, the liability of the defendant, and whether the case is to be tried or settled.

The liability of the defendant department chairman was based upon his negligent hiring of the moonlighting defendant and upon his negligent supervision and management of the emergency department.

The liability of defendant medical group was based upon its vicarious liability for the negligence and gross negligence of its employees.

He believes in securing justice for the injured party as quickly as possible, while ensuring that a painstaking enquiry is carried out to establish the full liability of the defendant.

Such an action will first require the proof of the likely liability of the defendants in the original action without having the normal rights of discovery and production from them.

If there is a good chance that we can prove the liability of a defendant unrelated to your employer, we can represent you in both workers» compensation proceedings and personal injury litigation.

The English legal system should accordingly continue to recognise the tortious liability of Defendants for damage that occurred while EU law was applicable in this jurisdiction.

The value of a case is based on the combination of severity of the injury, the liability of the defendant, and that person's ability to pay you the value of the case.

However, post Hoare, many more abuse cases will be based on vicarious liability of the defendant for the assault.

In Buglife, the court considered that, while it may be appropriate to make an order capping the liability of the defendant to pay the claimant's costs if the claimant wins, «there should be no assumption, whether explicit or implicit, that it is appropriate, where the claimant's liability for costs is capped, that the defendant's liability for costs should be capped in the same amount....

This is essential to determine who is at fault in a personal injury case by proving the liability of the defendant.

One of the documents to the contract set out a number of terms which limited the liability of the defendant as against the plaintiff for a wide variety of issues, including delay in construction.

Not exact matches

On behalf of the CHL and the other defendants, KPMG vice-president James McAuley prepared sworn affidavits, auditing teams for revenues and liabilities from 2012 to 2016.

Claim VI alleges that each defendant has derivative liability for the actions of the other defendants.

This standard from Metzler permitted defendants to escape liability under Section 10 (b) if the negative impact of their fraud was revealed to the market prior to revelation of the fraud itself.

In most countries, the defendant of a slander or libel suit must prove a story true to avoid liability.

According to US law, defendants in this kind of liability case are supposed to be judged on their conduct, regardless of the consequences of that conduct.

In a May ruling, the 2nd U.S Circuit Court of Appeals in New York said the attacks were an act of war, exempting defendants of liability under a law enacted in 1980 to deal with environmental and health risks caused by industrial pollution.

ASB does not admit any lack of merit, nor do I and the other defendants admit any liability.

An action to enforce any liability created under this chapter may be brought within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to a consumer and the information so misrepresented is material to the establishment of the defendant's liability to that consumer under this chapter, the action may be brought at any time within two years after discovery by the consumer of the misrepresentation.

To the extent that the Amgen defendants were arguing that the Supreme Court decision established new standards of liability to be considered, the 9th Circuit noted that it had already considered in its previous case that fiduciaries are not required to perform an act that would do more harm than good to retirement plan participants.

«The City does not seek to impose liability on Defendants for their direct emissions of greenhouse gases, and does not seek to restrain Defendants from engaging in their business operations.»

The defendant's insurers pleaded that the accident was bound up in the criminality of the claimant and defendant as a joint enterprise and so denied liability, despite the fact that the defendant pleaded guilty to dangerous driving arising from the incident.

If I were convinced that defendants who have a substantial connection to the injury were escaping liability because plaintiffs can not prove causation under currently applied principles, I would not hesitate to adopt one of these alternatives.

[72] In determining the second causation issue of whether Dr. Birch would have warned Ms. Hollis of the risk of rupture if Dow had properly warned Dr. Birch about that risk, La Forest J. proposes to eliminate the fundamental requirement of tort law that the plaintiff establish causation in order to prove the defendant's liability.

The rationale of the one bite rule was that domestic animals by definition were not injurious, and therefore liability could be predicated only on the defendant's knowledge that a particular animal had a propensity to behave in manner that was injurious to humans.

In these cases, the goals of tort law and the underlying theory of corrective justice require that the defendant not be permitted to escape liability by pointing the finger at another wrongdoer.

The Court of Appeal concluded that s. 3 (3) of the OLA governed and that the defendants» waivers of liability were therefore valid.

To the man's lawyers, it appeared to be a clear case of negligence — but the defendant (and its insurer) denied liability.

The victim of a herniated disc will have to prove his or her damages, in addition to proving the defendant's liability for the accident.

However, eight of those reasons were circumstances that arose after the commencement of the action and were thus irrelevant to the analysis (the defendant's offer to settle; the defendant's failure to apply to move the action to the Small Claims Court; the defendant's denial of liability for the plaintiff's injury; the insurer's characterization of the collision as low impact; the exchange of 60 documents; the defendant's motion for a Rule 66 hearing and eventual removal; a Rule 28 examination of a witness; and the absence of expert evidence tendered by the defendant).

The matter proceeded to trial on liability and the Defendants entered a number of counterclaims, most of which were defeated at trial.

Since tort damages are recoverable, the courts have attempted to carefully define the range of potential defendants in interference cases to ensure that the liability of the contracting parties is limited to damages available for breach of contract.

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

the need for the plaintiff to have legal counsel, in light of the defendant's denial of liability, dispute as to causation, injury or loss and allegations of contributory negligence, pre-existing conditions, previous causes and a failure to mitigate.

She has represented both plaintiffs and defendants in cases on a wide variety of claims, including breach of contract, fraud, defamation, and civil liability for cyberstalking.

After a harrowing two - and - a-half-year legal battle, Dave and Amanda Repsher — clients of Ogborn Mihm and Robb & Robb of Kansas City — obtained a $ 100 Million settlement from the defendants in the Repshers» product liability / personal injury lawsuit.

Cases I have represented the Defendant on include Verlade v Guy's & St Thomas NHS Foundation Trust [2017] a high value brain injury claim relating to pediatric intensive care which was successfully defended and AS v Guy's & St Thomas NHS Foundation Trust [2017] a significant Bolam judgement concerning pioneering techniques used in pediatric cardiac surgery in 1998 in which liability was repudiated on the grounds that there was no established body of opinion on brain cooling at the time.

[72] The defendant did not admit liability until January 30, 2012 and even at that date, continued to maintain that the plaintiff had suffered no injury, loss, damage or expense as a result of the accident.

The dismissal of an action where there has been an admission of liability, as in in this case, would be a particularly draconian remedy for the contempt that has delayed the defendants acquisition of evidence to which they are entitled.

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.

In each case, the plaintiff had executed a waiver of liability agreement at the defendant's ski resort and had subsequently been injured on the resort premises.

The Defendant admitted fault for the crash but denied liability to the Plaintiff claiming that the Plaintiff «was not present in the vehicle at the time of the accident ``.

Upholding the judge's finding of liability on the 93A clam, the Appeals Court held that the former employer - employee relationship between the plaintiff and the individual defendant «does not stand as a bar» to the chapter 93A claim and that his conduct was «actionable independent of his contractual obligations.»

Since then, and particularly in recent years, there have been a large number of initiatives designed to curb costs, such as limiting Legal Aid, and the removal of the ability to claim so - called additional liabilities in «no win, no fee» agreements - from paying defendants, costs budgeting and the use of alternative dispute resolution.

A defendant is entitled to expect that a claim of liability brought against it will be decided by the same rules of evidence and substantive law whether the plaintiff is represented by counsel or self - represented.»