Sentences with phrase «not named a defendant»

Because the insurer had an obligation to provide coverage for that verdict, it was the insurer on the hook for that amount — even though it was not a named defendant.

The plaintiff sued the defendant lawyer in April, 2004 but did not name the defendant's partner (or the firm) as a defendant.

Not exact matches

The lawsuit does not name President Donald Trump himself as a defendant.

Xapo itself is not named, but LifeLock is asking the court to force Casares, et al to disgorge «the value of the Xapo product attributable to Defendants» misrepresentations, omissions, breaches of duty, and other wrongful conduct.»

O'Leary himself is named as a «mise en cause,» someone who is not the main defendant but could be included if the plaintiff believes it may be necessary down the line to invoke a judgment against that person.

(Fortune «s Roger Parloff even noted that Carlson not naming Fox News as a defendant in her lawsuit might have been a strategy to drive a deeper wedge between Ailes and the company.)

(QMJHL teams were not named as defendants in the actions in Calgary and Toronto.)

The people named in the complaint have not been charged with crimes — the defendants in the civil lawsuits are the properties the government wants to seize.

The document did not name any Americans as willing co-conspirators, and it did not make a judgment on whether the defendants» actions affected the outcome of the election — something the president trumpeted.

Facebook, which is not named as a defendant but is accused in the lawsuit of engaging in the practice in its own recruitment efforts, said in a statement on its website that it does not engage in age discrimination.

Another defendant was already in a California prison on unrelated charges and 14 others, including four whose true names are not yet known, are fugitives mostly believed to be in Mexico.

As MBC customers began to raise more and more questions about the legitimacy of the cryptocurrency, the defendants allegedly attempted to double down by claiming the company had secured a deal with another cryptocurrency exchange that was not named in the CFTC statement.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company was engaged in predatory lending practices that saddled subprime borrowers and / or those with poor or limited credit histories with high - interest rate debt that they could not repay; (ii) many of the Company's customers were using Qudian - provided loans to repay their existing loans, thereby inflating the Company's revenues and active borrower numbers and increasing the likelihood of defaults; (iii) the Company was providing online loans to college students despite a governmental ban on the practice; (iv) the Company was engaged overly aggressive and improper collection practices; (v) the Company had understated the number of its non-performing loans in the Registration Statement and Prospectus; (vi) because of the Company's improper lending, underwriting and collection practices it was subject to a heightened risk of adverse actions by Chinese regulators; (vii) the Company's largest sales platform and strategic partner, Alipay, and Ant Financial, could unilaterally cap the APR for loans provided by Qudian; (viii) the Company had failed to implement necessary safeguards to protect customer data; (ix) data for nearly one million Company customers had been leaked for sale to the black market, including names, addresses, phone numbers, loan information, accounts and, in some cases, passwords to CHIS, the state - backed higher - education qualification verification institution in China, subjecting the Company to undisclosed risks of penalties and financial and reputational harm; and (x) as a result of the foregoing, Qudian's public statements were materially false and misleading at all relevant times.

Not surprisingly, Uber — which is nominally named in the lawsuit but is not a defendant — wants to avoid more chaNot surprisingly, Uber — which is nominally named in the lawsuit but is not a defendant — wants to avoid more chanot a defendant — wants to avoid more chaos.

The original lawsuit did not name Timberlake as a defendant, but an amended complaint filed earlier this week added him.

Elliott was not originally named as a defendant, but after initial discovery showed the extent of its involvement in the Board's breaches of fiduciary duty, Elliott was added as a defendant in an amended complaint under the theory that Elliott exercised actual control over the Board's decision - making.

The lawsuit does not name President Donald Trump as a defendant but it does name prominent members of his presidential campaign, including his son, Donald Jr., and son - in - law, Jared Kushner.

Mahaney and board president John Loftness, along with six other leaders, are named as defendants for allegedly failing to report incidents of abuse to law enforcement, encouraging parents to not report them, and «mislead [ing] law enforcement into believing the parents had «forgiven'those who preyed on their children.»

The Judge not only ruled in favor of the defendant, but called Mr. Perce a name and told him that if he were in a Muslim country, he'd be put to death.

The defendant, in answer, denies that plaintiff or its predecessors now use, or have ever used, the word «Tabasco» as a trade - mark or identifying name for sauce, and specially avers that the word «Tabasco» could not and can not be appropriated as a trade - mark, because it is geographical and descriptive; that plaintiff continually acquiesced in the descriptive use of the word «Tabasco,» and never made a bona fide attempt to establish the trade - mark it now asserts; and that any rights that plaintiff may have had in the name as a trade - mark were lost by the patenting of the process and the expiration of such patent.

Even had McIlhenny not abandoned his patent but continued to use the patented process, it does not necessarily follow that the defendant, on the expiration of the patent, would have had the right to give to a sauce manufactured by him by the patented process, the name «Tabasco.»

The fact that defendant has not only dressed his product in imitation of that of the plaintiff, but has, in addition, likewise used plaintiff's trade - mark, gives added reason why the Court should require that hereafter defendant not only discontinue the use of the name «Tabasco,» but that he adopt a new and distinctive bottle and carton, such as will clearly and unmistakably differentiate his sauce from the «Tabasco Pepper Sauce» manufactured by plaintiff.

Not only did defendant adopt the name and imitate the bottles and cartons in use by plaintiff, but at the very beginning, when he started the manufacture and sale of his sauce in competition with the long established business of plaintiff, he printed on his bottle labels a caution to use «only the genuine Evangeline,» thus apparently seeking to create the impression that such «Evangeline» Tabasco Sauce was an old and established brand, against spurious imitations of which the public should be warned.

What the defendant desires is not the right to the use of the process, to which plaintiff makes no objection, but the right to the use of the name to designate a sauce not made in accordance with the patented process.

The trade - mark had been cancelled, first, on the ground that it could not be denominated a technical trade - mark, because it was a geographical name, and, second, on the ground that it was fraudulently obtained, the application falsely stating it had been «in the actual and exclusive use of defendants since 1868.»

I don't think it's right that in cases like Adam Johnson's, the defendant should be named before he or she has been found guilty.

In the unsealed motion, which is heavily redacted and does not include that names of the women, the government cited «credible and corroborated evidence that while serving as Speaker of the Assembly, the defendant engaged in extramarital relationships with two women, one of whom....

Further to the above order (2) the 1st Defendant / Respondent is further ordered to delete from the current register of voters the names of persons not included in the list submitted to this court on 29th June 2016 but who are also found to have registered with NHIS Cards».

Mr. Silver, who resigned on Monday as speaker after being arrested on federal corruption charges in January, was accused of essentially facilitating the harassment by not acting forcefully to prevent Mr. Lopez's behavior as leader of the Assembly, which was also named as a defendant in one of the lawsuits.

The defendant, who was wearing a grey tracksuit, refused to give his correct name and did not reply when asked to confirm his address and date of birth in court earlier.

All THAT being said, name a case in New York, preferably high profile and not 50 years ago, where someone LGBT got killed and the defendant got acquitted using a gay / trans panic defense.

But state Justice Department attorneys and DOA Secretary Mike Huebsch said they didn't believe that order applied to the Walker administration since it wasn't named as a defendant in Ozanne's lawsuit.

Lisa Marie Cater, who previously talked to The Buffalo News on condition her name not be used, named Cuomo as a defendant, alleging he and others in his administration «willfully ignored» numerous complaints she brought to their attention of the «horrific acts» Hoyt allegedly committed.

He also sought an order of interim injunction restraining the second and third defendants, whether by themselves, servants, agents, privies or howsoever called from forwarding a fresh name or governorship aspirant to the first defendant, when the plaintiff was still alive and had not withdrawn his candidacy for the governorship election of Bayelsa State, pending the determination of the substantive suit.

Carranza, 51, was not named as a defendant in the case, but the suit alleged he ruined the career of a female educator in San Francisco after she called him out for flirting with a female colleague while Carranza was the city's superintendent in 2013.

Mahoney is not named as a defendant, but Onondaga County is.

(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.

L.A. Unified Supt. John Deasy, although named as a defendant, said Tuesday that he agreed with the lawsuit's major assertions: that state law requires the use of student test scores in evaluations and that the district does not use them except in a limited voluntary program involving 700 teachers and principals.

Though not named in the lawsuit, the teachers unions — refusing to sit by and accept a change in rules that would benefit students at their expense — intervened as defendants.

Various persons, who are known and unknown to Plaintiff, and not named as defendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the cdefendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the cDefendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the cDefendants in the offense alleged and have performed acts and made statements in furtherance of the conspiracy.

A lawyer for the publishing industry who did not want to be identified says Amazon has been named as a defendant in at least two of the lawsuits and Barnes & Noble in one of them.

Not wanting to risk a significant loss of sales in the fastest growing market (eBook sales), the publishers named as defendants («Publisher Defendants») solved this problem through coordinating between themselves (and Apple) to force Amazon to abandon its pro-consumedefendants («Publisher Defendants») solved this problem through coordinating between themselves (and Apple) to force Amazon to abandon its pro-consumeDefendants») solved this problem through coordinating between themselves (and Apple) to force Amazon to abandon its pro-consumer pricing.

Finally, the suit also claims that «various persons, who are known and unknown to Plaintiff, and not named as defendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiradefendants in this action, including senior executives of the Publisher Defendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiraDefendants and Apple, have participated as co-conspirators with Defendants in the offense alleged and have performed acts and made statements in furtherance of the conspiraDefendants in the offense alleged and have performed acts and made statements in furtherance of the conspiracy.»

«we are not only talking about fraud and deception of inconceivable sums, but also a complex and extensive operation created by the defendants in order to hide behind straw companies, false and fictional names and identities, and all this in order to persuade the plaintiff to fall into a trap in which they buried her and which to her regret she fell into»

Capital One is not named as a defendant in the suits.

Olson told me Trump will not have any wiggle room to get out of the lawsuit even though it was filed with Obama and members of his Cabinet as named defendants.

The next day, a Birmingham, Ala., lawyer for Wachovia named Carl S. Burkhalter filed a motion to set aside the default, explaining that a perfect storm involving the resignation of his associate and the unexplained failure of an email «auto - forward» function from the associate's email account to his secretary led to the date for defendant's Answer to the Amended Complaint not being entered on his calendar.

My summary of the case is: A trial judge — he wasn't named in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim against the defendant bank and a solicitor for breach of fiduciary duty and negligence.

As part of defending a claim by Haida Nation for aboriginal title over lands in which third - persons had interests under Canadian law, British Columbia sought to stay the proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third parties not named in this action, or it added those third parties as defendants to their action.

Although the employer was not named as a defendant in this case, it is clear that an employer may be found liable for the tort of intrusion upon seclusion.