Sentences with phrase «motions seeking»

Both parties filed motions seeking judgment in their favor.

Finally, in 2363523 Ontario Inc. v. Nowack, Justice Brown lamented an apparent increase in motions seeking panel reviews of decisions made by single judges of the Court of Appeal.

Justice Brown lamented an apparent increase in motions seeking panel reviews of decisions made by single judges of the Court of Appeal as follows:

Some recent decisions suggest that on contested motions seeking bifurcation, the court will look critically at contested requests to bifurcate, often recognizing the additional time required for final resolution and the right of the plaintiff to get all issues resolved.

The father later filed three 14B motions seeking leave.

Similarly, Cecil et al. found that defendants moving for summary judgment were awarded summary judgment in full 64 % of the time, whereas plaintiffs moving for summary judgment were awarded summary judgment in full only 39 % of the time.90 In a subsequent study of all federal district court summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking partial summary judgment from our sample.

Because our sample excluded motions seeking partial summary judgment and orders granting partial summary judgment, and because our sample did not include any outcomes similar to Cecil et al.'s «other» category, the percentages we report above from Cecil et al.'s study are limited to the «grant» and «deny» outcomes.

In response, some of the defendant insurers brought summary judgment motions seeking to relitigate this question of law and challenge the correctness of the Court of Appeal's decision in McNaughton.

When the court threw out a case after two years for delay, it was unlikely a lawyer would accept the dismissal without a fight, he suggests, noting followup motions seeking to set aside administrative dismissals only added to court time.

She says she would have used the information about the other defendant to apply for Gills to be released on his own recognizance pending trial and would have filed motions seeking pretrial dismissal of the case.

There are two categories of post-trial motions to decide on: motions seeking to overturn parts of the jury verdict (arguing that the judge should overrule the jury or order a new trial on a given set of issues), and motions relating to relief.

Attorneys for the Buffalo Bills attorneys filed motions seeking to have the team removed as a defendant in a suit by former members of the Buffalo Jills that claims the cheerleaders have been underpaid.

Steven F. Molo, one of Mr. Silver's lawyers, said the defense was «obviously disappointed in the verdict, and we intend to file vigorous post-trial motions seeking to set it aside.»

«These allegations are just part of our lengthy motions seeking dismissal and other forms of relief.

The High Court also ruled that it is crude and improper for police officers to appear before courts with ex parte motions seeking to prohibit the holding of street protests and other public events.

A federal judge in Los Angeles has denied Stormy Daniels motion seeking to depose Donald Trump and his attorney, Michael Cohen, over a $ 130,000 payment made to the adult film star days before the...

As long asform and matter are joined motion seeks its completion in rest.

The judge and law clerk likely read the proposed brief about two minutes after reading the motion seeking permission to submit it; they aren't going to erase the information from their brains even if the judge does ultimately deny the motion to file.

The court directed that the parties to maintain status quo pending the hearing of the senator's motion seeking an interlocutory injunction to hear the recall process, while September 29 has been fixed for the hearing of the said motion.

A Federal High Court sitting in Abuja has fixed June 23 to hear motion seeking to protect Federal Government's witnesses during trial of former NSA Sambo Dasuki.

Ozekhome in his submission informed the court of his client's motion seeking an order setting aside the subpoena issued on the ex-President.

An Ekiti State High Court sitting in Ado Ekiti on Tuesday ordered the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission to respond to a motion seeking to stop the probe into the finances of Governor Ayodele Fayose's administration.

He said the court must defer to the Supreme Court by not hearing the appeal further until the apex court determined the fate of the motion seeking stay of proceedings.

In July, a Suffolk County Supreme Court judge denied Mr. Lake's motion seeking reinstatement and found the town was «reasonable and rational» in terminating his employment.

In a motion seeking to keep both men off the witness stand, prosecutors call the testimony «utterly irrelevant» and improper under federal legal precedent.

Poughkeepsie... Dutchess County Executive Marcus Molinaro filed an amicus - curiae brief today with the United State Court of Appeals for the Second Circuit, in support of Central Hudson Gas & Electric Corporation and the Public Service Commission of the State of New York's motion seeking to stay the implementation of a new capacity zone ordered by the Federal Energy Regulatory Commission (FERC).

In addition to the originating summons, the plaintiff filed an ex parte motion seeking leave to properly commence the legal action as stipulated in the rules.

But the Federal Government hinged its fresh motion seeking the revocation of Kanu's bail on the grounds that the IPOB leader had flouted the terms and conditions of the bail.

Plevan said that if Torres opts to have Lopez file a formal motion seeking separate trials, Silver wishes file one also.

The motion sought that Ozakhome's account be temporary frozen on the ground that the money deposited in his account on 15th December, 2016, was suspected to be proceeds of crime.

The motion seeks Ofsted inspection of school libraries if they exist, or any «alternative» provision of a similar type if they do not.

This spring, the L.A. Unified Board of Education approved a motion seeking to replicate high - performing District schools, which is exactly what the GPSN - L.A. Unified grants will do.

In its post-trial motion seeking a judgment of acquittal or a new trial, defendant Trans Union, LLC («Trans Union») challenges the jury verdict finding that it had negligently and willfully violated the Fair Credit Reporting Act, 15 U.S.C. § 1681i («FCRA»), when it failed to remove an erroneous collection account from -LSB-...]

In the ERISA class action regarding TIAA - CREF's account closing procedures, defendants filed a motion seeking dismissal of interrelated state - law claims as preempted by ERISA.

New Hope is secretive about its funding sources, and fought a Greenpeace motion seeking disclosure.

On Jan. 30, Central District of California Judge Dale Fischer held a hearing on the defendants» motion seeking sanctions, dismissal of certain counts of the lawsuit and an adverse instruction to the jury based on the government's failure to preserve evidence.

In March, the former mayor brought a motion seeking an order requiring the named defendants, their lawyer and the host of the Aurora Citizen website to provide whatever information they had concerning the identities of the anonymous commenters.

On November 22, 2016, the Respondent wife (who was represented by counsel) brought a motion seeking to strike the SRL husband's pleadings for failure to provide financial disclosure.

The defendant's civil defence counsel subsequently brought a motion seeking an after - the - fact declaration that sharing the plaintiff's production for the civil case for purposes of the criminal defence was proper.

Successfully defended plaintiff's motion seeking a preliminary injunction and obtained summary judgment ruling of non-infringement.

A trial judge in Pearson's divorce also denied his motion seeking responses to 248 requests for admissions and ordered him to pay $ 12,000 in legal fees to VanLowe because he was «substantially responsible for «excessive driving up» of the legal costs by «threatening both wife and her lawyer with disbarment» and creating unnecessary litigation,» the appeals ruling stated.

«Therefore the threshold applied on a motion seeking leave under [the Securities Act] is more stringent than that generally applied on interlocutory review, consistent with the objective of screening out unmeritorious claims at an early stage,» wrote Justice Gladys Pardu.

Following the certification of the action by Justice Cumming, Living Realty brought a motion seeking leave to appeal Justice Cumming's original certification decision of September 12th, 2001.

In the recent Ontario Superior Court of Justice decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., the plaintiffs brought a partial summary judgment motion seeking to rescind a franchise agreement under the Arthur Wishart Act (Franchise Disclosure), 2000 (the «Act»).

Economical and Crystal Clean together brought a Rule 21.01 (1)(b) motion seeking a dismissal of the third party claim on the basis it disclosed no reasonable cause of action.

At the law society's annual general meeting on Thursday, the Criminal Trial Lawyers» Association will move a motion seeking a statute - based framework for Legal Aid Alberta rather than the current governance agreement between the government and the regulator.

Cliffs serves a motion seeking to dismiss Essar's contract dispute motion on the basis Ontario lacks jurisdiction, or Ontario is not the convenient forum.

One notable thing: Both parties brought motions prior to the hearing of the appeal (the wife brought a motion seeking to prevent the husband from being able to file responding materials in light of an outstanding costs award in her favour, and both parties brought fresh evidence motions).

The Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. James.

The defendant (through ICBC) brought a motion seeking to deprive the Plaintiff of her costs from the date of the formal offer forward and further seeking to have the Plaintiff pay the Defendant's costs and disbursements from the date of the formal offer forward.