Sentences with phrase «motions judge in the case»

(Although Ontario judges are permitted to do this where warranted, the motion judge in this case showed over-reliance on the civil rules, and misunderstood when they could be invoked.).

It is unfortunate that the motion judge in this case did embark on the exercise of making findings of fact.»

Because of the competing rights and interests at play when there are documents from a civil proceeding that may be used to impeach a party in another proceeding, the motions judge in the case came down heavily in favour of the need for an anticipatory motion for directions to be brought before the party seeking to use the documents actually uses them.

Acknowledging the issues were novel, the motions judge in the case concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.

Yet, the fact that the motion judge in this case refused to stay the action in favour of arbitration based on allegations of pre-contractual misrepresentations shows that the issue of tort trumping arbitration continues to be a live issue for practitioners and motion courts.

Not exact matches

Parties going to trial file motions in limine to exclude certain types of evidence from trial and this is what they did here and the judge decided that those particular pieces of information are not relevant to this case.

District Judge Barbara M.G. Lynn agreed June 27 to allow the three lawsuits against DOL's rule that are pending in the state to be consolidated, and both parties filed a motion asking that the judge render a decision in the case as soon as OctJudge Barbara M.G. Lynn agreed June 27 to allow the three lawsuits against DOL's rule that are pending in the state to be consolidated, and both parties filed a motion asking that the judge render a decision in the case as soon as Octjudge render a decision in the case as soon as October.

Last week, AARP filed an appeal of the Fifth Circuit ruling, while New York, Oregon and California filed a motion asking the court for permission to rehear the case in front of the full panel of judges — known as an en banc review.

Lefcourt said that the way the judge who handles Shkreli's criminal case views his public conduct could affect the judge's decision on pretrial motions and arguments, which in turn can affect Shkreli's chances of beating the charges.

Also March 20, 2018: New York state Judge Jennifer Schecter rules against Trump's lawyers» motion to dismiss the defamation case by Summer Zervos, citing the Supreme Court's ruling in Clinton v. Jones that presidents are not immune from civil suits.

Hogan initially sued Gawker in federal court, but after a federal judge denied his motion for a preliminary injunction (which would have forced Gawker to immediately take down the post while the case was argued in the courts), he dropped the federal case.

Justice John Tsoho of Federal High Court, Abuja who adjourned hearing in the trial of Kanu with his co-defendants in a motion of notice filed on their behalf by Barrister Ifeanyi Ejiofor, asked the Judge to disqualify himself from hearing the case over alllegations of «manifest bias.»

In a separate action, Venditto was granted a delay by U.S. District Judge Joan Azrack in filing his pretrial motions in the case this week because he said he is also simultaneously preparing reply papers in a civil action being considered by the Securities and Exchange Commission involving Oyster Bay's finances in its dealings with SingIn a separate action, Venditto was granted a delay by U.S. District Judge Joan Azrack in filing his pretrial motions in the case this week because he said he is also simultaneously preparing reply papers in a civil action being considered by the Securities and Exchange Commission involving Oyster Bay's finances in its dealings with Singin filing his pretrial motions in the case this week because he said he is also simultaneously preparing reply papers in a civil action being considered by the Securities and Exchange Commission involving Oyster Bay's finances in its dealings with Singin the case this week because he said he is also simultaneously preparing reply papers in a civil action being considered by the Securities and Exchange Commission involving Oyster Bay's finances in its dealings with Singin a civil action being considered by the Securities and Exchange Commission involving Oyster Bay's finances in its dealings with Singin its dealings with Singh.

U.S. District Judge Joan Azrack is expected to rule on all motions in the case in February.

Despite getting a victory in court earlier this week when a judge denied a motion to dismiss the case, the attorney for the coalition that wants to keep the Western New York Children's Psychiatric Center in West Seneca had some harsh words for the governor.

The motion, filed in February, asked U.S. District Judge Joan M. Azrack to allow Singh to testify about how a «panicked» Mangano asked him to exchange a cash bribe he'd received from a contractor, in case the bills were marked.

Separate letters to the judge, supplementing previous motions earlier this spring to get the corruption cases dismissed, came from Steptoe & Johnson, a Manhattan firm representing Kaloyeros, and O'Connell & Aronowitz, an Albany firm that wrote to the judge on behalf of Steven Aiello and Joseph Gerardi, executives of a development firm charged in a Syracuse bid - rigging scheme that includes some of the same players as the Buffalo Billion case.

His attorney said the case is still in the discovery / motion stage and the judge has not yet scheduled a trial date.

In the new court papers by the former LPCiminelli executives, lawyers seek an expedited hearing before the judge to consider their new motion to either dismiss the case or move it to Buffalo.

But the judge overseeing the case, ruling on a host of pretrial motions, found this distinction somewhat immaterial, since Percoco, according to the government, «continued to function in a senior advisory and supervisory role with regard to the Governor's Office, and continued to be involved in the hiring of staff and the coordination of the Governor's official events and priorities.»

A Queens Supreme Court judge denied motions by state Sen. Hiram Monserrate (D - East Elmhurst) to throw out his indictment and suppress evidence in his pending case on assault charges last Thursday, setting a Sept. 14 start date for his trial.

Although the memorandum opinion and order released Friday denied Silver's motions to dismiss the indictment based on Bharara's «prejudicial extrajudical statements,» United States District Court Judge Valerie Caproni warned the Manhattan federal prosecutor «that this case is to be tried in the courtroom and not in the press.»

Lawyers for Sheldon Silver asked the judge to acquit him of all charges even before his case goes to the jury in his corruption trial, in a motion that is routinely filed by defense lawyers after the government rests its case.

The trial judge, Valerie E. Caproni of Federal District Court in Manhattan, has already denied one defense motion, filed last month, asking her to acquit Mr. Silver even before the jury received the case.

The judge in charge of the case rejected a motion to dismiss the suit before a trial.

In May 2015, a state Supreme Court Judge dismissed the state's motion to dismiss the case.

The parents were victorious in May of 2015 when judge Donna Siwek rejected the state's motion to dismiss the case.

The parents were victorious in May of 2015 when State Supreme Court judge Donna Siwek rejected the state's motion to dismiss the case.

Yesterday's ruling was not unexpected, as Judge Cooper had telegraphed some of his thinking when in late January he ruled against a motion for a temporary injunction in the case and also denied the school boards» request to deposit funds with the court instead of paying them to charter schools in the affected Florida counties.

Ford Motor Company is awaiting trial for a lawsuit levelled against the automaker in 2013, after a federal judge in New York dismissed Ford's motion to throw out the case earlier this month, reports The Detroit News.

Rumor is: The legal firm representing B&N in the Spring Design case advised them not to ship the nook until the presiding judge issues an order denying Spring Design's motion for a preliminary injunction.

In July this year, after the case had survived various motions to dismiss, Judge Denise Cote at the United States District Court Southern District of New York, denied class certification in the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been meIn July this year, after the case had survived various motions to dismiss, Judge Denise Cote at the United States District Court Southern District of New York, denied class certification in the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been mein the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been met.

Judge Bucki granted that motion, noting that the exemption issue had not previously been litigated in this particular case, so no «law of the case» had been established to preclude the debtors from exempting the asset now.

During a drawn out battle in court for the case of ARM / State of Florida vs. Jorge Garcia, the judge denied the defendants motion to dismiss graphic audio and video footage which ARM captured during undercover operations on Garcia's illegal animal slaughter farm.

In May federal judge Laura Taylor Swain, in deciding against the Warhol Foundation's motion to dismiss Simon - Whelan's case, gave the plaintiffs the all - important right of «discovery» so that the authentication board's long - suppressed methods of reaching its decisions can now be brought to lighIn May federal judge Laura Taylor Swain, in deciding against the Warhol Foundation's motion to dismiss Simon - Whelan's case, gave the plaintiffs the all - important right of «discovery» so that the authentication board's long - suppressed methods of reaching its decisions can now be brought to lighin deciding against the Warhol Foundation's motion to dismiss Simon - Whelan's case, gave the plaintiffs the all - important right of «discovery» so that the authentication board's long - suppressed methods of reaching its decisions can now be brought to light.

Judge Denies Motions by Fossil Fuel Industry and Federal Government in Landmark Climate Change Case

The judge stayed a motion filed by Monson and Hauge seeking resolution of the case in their favor and «promised» to decide before month's end whether to grant the DEA's motion to dismiss.

Schnare had just been in Court in Colorado two days as the judge ruled on a series of motions, primarily involving discovery in the case.

Closer to home, a lawsuit filed by 21 youth plaintiffs (including Kelsey Juliana) and world - renowned climate scientist James Hansen on behalf of future generations against the U.S. government cleared an important hurdle in November 2016 when federal judge Ann Aiken rejected the government and fossil fuel industries» motion to dismiss the case.

Although the motion judge refused to strike the claim, the Court of Appeal allowed the appeal and stated that the proper defendant in the case was the manufacturer.

Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.

So, summing up, by going back to a para. 24, did the motion judge mean: «On the facts of this case, it would certainly be open to a trier of fact to infer that there was a necesssary, even if minor, connection between I / Land's negligent conduct in selecting and fitting a defective hose and the damage that occurred.»

Milanes initially filed his lawsuit in federal court in Puerto Rico, where he also filed a motion to recuse all the district's judges and asked for appointment of an outside judge to hear the case.

Much to the surprise of many, a federal judge in November denied BlockShopper's motion to dismiss the case against the Web site.

It examines activity for five judges over the past five years, showing the percentage of cases in which each judge granted or denied summary judgment motions and the average days it takes each judge to decide a case.

You are not the prosecutor responsible for pursuing the «animal - noise ordinance» violation against the cockatoo owner, nor are you the judge who had to hear the case and issue a decision in a motion to dismiss it.

In the present case, a total of eighteen attorneys and paralegals were representing Folan, a remarkable number especially when one takes into account the motion judge's view that the theories advanced by the contestants were not «overly complex.»

Usually there are motions filed by one or both parties called «post-trial motions» that give the trial judge one last chance to rule on the issues of law in the case.

If the case is not settled, the personal injury lawyer can represent you in court, prepare discovery documents, prepare motions for court consideration and present a case in front of a judge or jury that outlines how the accident happened and how the defendant is responsible for the damages that you sustained.

Acknowledging the issues were novel, the motions judge in SC v. NS concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.