Sentences with phrase «merits of the plaintiff»

In a 2010 pretrial ruling, the Connecticut Supreme Court affirmed the State's constitutional obligation and remanded the case back to the trial court for full trial on the merits of Plaintiffs» adequacy and equity claims.

Because the purpose of this competition is to give law students the opportunity to develop their trial skills, the actual merits of the plaintiff's case and the defendant's case presented are irrelevant to this purpose.

The competition is not to be decided on the merits of the plaintiff's or defendant's case.

According to court records, the issue in this case was not the merits of the plaintiff's case but instead whether she filed within the statutory 180 - day filing period according to 14 M.R.S. § 8107, which details the notice that is required when a plaintiff plans to file a lawsuit against a governmental entity.

If the plaintiff fails to satisfy the court as to the substantive merit of the plaintiff's case, the action should be dismissed with costs on a full indemnity basis.

The brief detailed the defendant's assessment of the merits of the plaintiff's claim and the reasons why it didn't think the claim would be successful.

Social media evidence is often admissible in court and is a potent weapon used by defense lawyers when disputing the merits of a plaintiff's personal injury claim.

«Hour long depositions of unserved potential defendants regarding whether they used the infringing devices, questions speaking directly to the merits of Plaintiff's claim, not only lack specificity but weigh against the potential defendants» expectation of privacy.

We are confident that when the court ultimately addresses the merits of the plaintiffs» claim, it will be rejected by the court.»

Not exact matches

In his 68 - page finding, Chen was careful to note that saying the plaintiffs constitute a class — one that potentially now includes a majority of Uber's 160,000 U.S. - based drivers — doesn't say anything about whether those plaintiffs have justice on their side when it comes to the merit of their suit.

But yesterday saw one of the first rulings to address the merits of lawsuits by nonprofit plaintiffs (39 cases and counting), notes Religion Clause, which has...

Judges in Greene and Albany counties threw out petitions by the plaintiffs — the Brennan Center for Justice and several Democratic lawmakers — without addressing the merits of their legal arguments to have the practice overturned.

Tsoho, who expressed his doubts about the locus standi of the plaintiff, said, «Nevertheless, the court will consider the merits of the issues raised for determination by the plaintiff.»

Before getting to the merits of these claims, it is worth pointing out that the plaintiffs lack standing to sue in the first place.

Several courts, when deciding new adequacy cases, have either dismissed them based on separation of powers grounds or have ruled against the plaintiffs on the merits following a trial.

The appellate court agreed with the trial court's May 2016 opinion finding that Florida's system of free public schools satisfies constitutional requirements, and opined that plaintiffs» claims «either raise political questions not subject to judicial review or were correctly rejected on the merits.»

In their appeal to the Supreme Court, state officials did not stress the merits of the law but argued instead that the plaintiffs who challenged it lacked the legal standing to do so.

These two agencies filed an appeal, arguing that the plaintiff parents had not met the requisite elements for injunctive relief, including (a) likelihood of success on the merits, (b) unavailability of an adequate remedy at law, and (c) being in the public interest.

In order to receive a preliminary injunction, the plaintiffs must show they are likely to prevail on the merits of the case.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

So the plaintiffs in this case need to either (a) show actual damages, or (b) convince the court under the applicable standard of proof that they will suffer damages and they are likely to prevail on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.

Plaintiffs with commercial litigation cases who are in need of funding can turn to LexShares, which then reviews the case for merit and, if it passes muster, puts out an offering for investors to buy.

After all these years, the Ecuadorian plaintiffs deserve to have the recognition and enforcement of the Ecuadorian judgment heard on the merits in an appropriate jurisdiction.

A summary of the plaintiff's claims can be found in the judge's decision on the merits.

The plaintiff's lawyer must file a written certificate of merit along with the lawsuit.

For her part, the Plaintiff submitted that she had brought her claim in good faith but had not been successful in persuading the court of the merits of her claim.

The case was hardly frivolous, with the appellate court frowning on the trial judge's finding of lack of merit based on plaintiff simply approving a form of judgment so saying — this was hardly an admission.

For example, an Affidavit of Merit from a properly qualified medical professional, or professionals, must be filed by the plaintiff shortly after a lawsuit is initiated.

The Certificate of Merit is an opinion from a medical expert / certified physician offering evidence that the physician has reviewed the plaintiff's medical records, and based on the review, believes that there is a strong argument for an act of malpractice committed by the defendant based on the fact that evidence suggests the defendant deviated from the appropriate standard of care.

Once a limitation period has expired, a plaintiff is prevented from suing, regardless of the merits of the claim.

[8] I acknowledge there is some merit to the plaintiff's submission that, notwithstanding the absence of success on the issue of thoracic outlet syndrome, the plaintiff's offer took into account the risk of failure on that issue.

In this case, it is in the interests of the representative plaintiff and members of the class that the action proceeds without any further appeals so that the merits of the action can be determined within a reasonable time.

In his research paper, MDL Proceedings: Eliminating the Chaff, John Beisner, a Partner at Skadden, Arps, Slate, Meagher & Flom LLP, looks at the aggressive advertising plaintiffs» counsel uses to attract clients for MDL, regardless of claim merit, and the subsequent pressure placed on defendants.

The district court correctly noted that its function at the class certification stage was not to determine whether plaintiffs had stated a cause of action or whether they would prevail on the merits, but rather whether they had shown, based on methodology that was not fatally flawed, that the requirements of Rule 23 were met.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

Although insurers aim to only underwrite claims with a good chance of success, plaintiffs with Trial Insurance may overvalue the merits of their case and push to have their day in court — regardless of whether that day is necessary.

The Plaintiff objected to this practice and further to the merits of the attempt to dispose of the claim summarily.

The plaintiff's attorney will then file the certificate of merit with the court to confirm that the attorney has consulted with a medical expert and that the plaintiff's claims have merit.

A: One obstacle plaintiffs in many states may have to overcome before they can even file a medical malpractice action against a health care professional is the requirement that they file what is commonly known as a «certificate of merit.»

The Court saw merits in both Plaintiff counsel's and ICBC»S lawyer's arguments, and would eventually award the Plaintiff $ 80,000.00 gross for loss of past earning capacity.

In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff's health care provider deviated from accepted medical practices, and, as a result, the plaintiff was injured.

The court refused to entertain these pleadings in the judgment, suggesting that a role of the courts may still exist in mediating even political speech where defamation may have occurred, and plaintiffs should not be deterred from pursuing these claims where some merit may exist.

Actually, this is just part of the oddity; though it was not pivotal to the court's conclusions, at one point the plaintiff responded that he had no views on the merits of his own action.

The Plaintiff Will Get Her Day in Court Because of this ruling by the Indiana Supreme Court, the Plaintiff's case will be sent back down to the District Court and tried on the merits.

However if damages can not adequately compensate the plaintiff, or can not be recovered then the CTA must ask whether, if the defendant were successful at final disposition of the merits, damages would be an adequate remedy for any loss that it would incur due to the interim order

Importance: Before the Court of Appeal, Facebook submitted the judge erred in (1) interpreting section 4 of the Privacy Act to override the forum selection clause; (2) holding the plaintiff had shown strong cause to not enforce the forum selection clause; and (3) failing to decide whether California or B.C. law applied to the merits.

In order to obtain a temporary injunction, the plaintiff is required to establish (1) the likelihood of irreparable harm, (2) the unavailability of an adequate remedy at law, (3) substantial likelihood of success on the merits, and (4) that the injunction will serve the public interest.

The judge rejected plaintiff's request for a special jury instruction notifying jurors that the merits of the case — not her motive — were the issue they were responsible for deciding.

The appeals panel agreed that a certificate of merit under 622 had to be complied with by the plaintiff.

[19] Concerning the third factor, whether the document would prevent the determination of the issue on the merits, I have heard evidence including the plaintiff's evidence and the defendants» evidence and expert evidence about the plaintiff's activity and her level of disability.