Sentences with phrase «of a defendant who»

Additionally, he thinks the U.S. Department of Labor's new fiduciary rule will widen the number of defendants who are named in these lawsuits.

Judges» reliance on commercial bail bonds, a routine practice in the U.S. that is uncommon or illegal in most other countries, is a significant reason that NYC spends $ 10 million each year to jail thousands of defendants who post bail within a few days and are released, according to Comptroller Scott Stringer, who wants it ended.

However, no date has been fixed for arraignment of the defendant who was GMD of the NNPC between 2012 and 2014.

Last but hardly least, the case could set the stage for a decision on an issue never squarely decided by the court — whether the Constitution forbids the execution of a defendant who can demonstrate «actual innocence.»

Pursuant to Justice Zinn's Order of January 26, 2010, the plaintiffs seized allegedly counterfeit copies of a film entitled «3 Idiots» from a number of defendants who then sought review of the Order.

I think that there is a greater chance of a defendant who is an active user of social media becoming aware of a claim than the more traditional substitutional service methods.

The ruling, Montejo v. Louisiana, reverses Michigan v. Jackson, a 6 - 3 decision, written by Justice John Paul Stevens, holding that the Sixth Amendment prevents police from initiating further interrogation of a defendant who has requested but not yet had an opportunity to consult with counsel.

The defendants counterclaimed claiming that HD were selling and advertising clothing and accessories with SCREAMIN» EAGLE in an effort to diminish, destroy or acquire the goodwill of the defendants who claimed to have been using the trademark SCREAMING EAGLE for over 20 years.

The family of Lola Norton, deceased brought a wrongful death action against a number of defendants who were affiliated with a nursing home in which Bernard Norton's wife, Lola died.

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

Judge Baylson had 31 Malibu Media cases referred to him, making it far more reasonable to join five of the defendants who had already filed motions in their cases.

Jamila was instructed as a junior in the final stage of the trial of the defendant who was charged with manslaughter.

There too the system is burdened with a disproportional number of defendants who would not be there but for their substance abuse issues.

They're only recoverable under certain circumstances, where the conduct of the defendant who caused the death was particularly egregious.

Any term of imprisonment in this case would be counter effective by depriving society of the contributions of the Defendant who, the Court has found, understands the consequences of his criminal conduct and is doing everything in his power to forge a new life.

P submits that, following the purchase of his refrigerator in 2003 and its servicing in 2004, which he alleges involved fraud on the part of the defendants who worked in concert with their authorized repair company to fabricate «phantom parts» to defraud the plaintiff, he began to experience problems with his fax machine and computer.

The key issue was whether one defendant had driven the vehicle without the consent of another defendant who was the owner.

Texas A&M School of Law students, in collaboration with The Innocence Project of Texas, can earn course credit by investigating the cases of defendants who claim actual innocence, even after all appeals have failed.

Not exact matches

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The statement was retweeted by Julian Assange, founder of Wikileaks, who is also named as a defendant in the lawsuit.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

If a prosecutor wants to convict a man of assault, he is (without a doubt) going to paint a picture for the audience of the suffering of the defendant, and will likely use expressive language to evoke a feeling of sympathy from the jury, who (as they listen) visualize the potential suffering of the man / woman in front of them.

One defendant, Juan Angel Napout, a Paraguayan who was former president of South American soccer's ruling federation, was big on personal grooming with his manicures, pedicures and massages discretely arranged by his chauffeur, according to testimony.

After the jury of five women and seven men left the courtroom, the «Cosby Show» star lashed out at District Attorney Kevin Steele, who was arguing to revoke Cosby's bail, saying that the defendant had a plane.

Snipes said that ultimately, experts cancel each other out in the minds of jurors, who instead look at the defendant's actions.

The other defendant in the case is Christopher Evison, who is the managing director at Quadrant Capital Advisors and investment advisor for WP Holdings, which is an investment arm of the multi-billionaire dollar Santo Domingo family from Columbia.

One of the defendants, Leigh Corfman, who said Moore touched her sexually when she was 14, sued Moore for defamation in January.

«The greed at the expense of investors who are promised unmatched interest rates remained the only goal of the defendants despite the [July] decision,» Justice Marc Lesage of the Quebec Superior Court said, CBC / Radio - Canada reported.

Also named as defendants: the estate of Cruz's late mother, as well as James and Kimberly Snead — the couple who took Cruz in when his mother died.

The class action, filed in United States District Court, for the Central District of California, and docketed under 17 - cv - 09157, is on behalf of a class consisting of investors who purchased or otherwise acquired Crypto securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

The class action, filed in United States District Court, Southern District of New York, and docketed under 17 - cv - 09903, is on behalf of a class consisting of investors who purchased or otherwise acquired Qudian's American Depositary Receipts («ADRs») pursuant and / or traceable to Qudian's false and misleading Registration Statement and Prospectus, issued in connection with the Company's initial public offering on or about October 18, 2017 (the «IPO» or the «Offering»), seeking to recover damages caused by Defendants» violations of the Securities Act of 1933 (the «Securities Act»).

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

The class action, filed in United States District Court, for the Southern District of New York, and docketed under 18 - cv - 00646, is on behalf of a class consisting of investors who purchased or otherwise acquired Xunlei securities, seeking to recover compensable damages caused by defendants» violations of the Securities Exchange Act of 1934.

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the Commodity Futures Trading Commission's (CFTC) anti-fraud and anti-manipulation enforcement authority.1 Granting the CFTC's request for a preliminary injunction against the defendants who allegedly engaged in deception and fraud involving virtual currency spot markets, Judge Weinstein noted that «[u] ntil Congress clarifies the matter,» the CFTC has «concurrent authority» along with other state and federal administrative agencies and civil and criminal courts over transactions in virtual currency.2

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.»

Preliminary hearings ensued, and dismissals of charges, and trials and mistrials and retrials, and an acquittal, and two hung juries, and defections and elections of district attorneys, and the McMartin defense team carried on, until the list of defendants had dwindled to one, young Raymond Buckey, a surfer dude who had not seen the sun in years, whose charges were finally dismissed in 1990.

The main tactic of the defense was to prove the defendant to be an illiterate who could not read and write the English language.

Put yourself in the place of a creationist who has been silenced by that logic, and you may feel like a criminal defendant who has just been told that the law does not recognize so absurd a concept as «innocence.»

CNN: Priest's guilty plea throws wrinkle into Philadelphia sexual abuse trial Attorneys in the child sexual abuse and conspiracy trial of two Philadelphia priests debated Monday over which potential witnesses jurors would be allowed to hear regarding a third defendant who pleaded guilty to molesting boys just days before opening remarks.

He is the only defendant who the judge found could have possibly violated common law fraud, which carries the extra legal burden of having to intent to deceive.

Specifically, BPI was seeking all of my confidential communications in 2012 with the defendants in the case, including employees of ABC News and the two former USDA microbiologists who first expressed concern about the meat filler in private emails later made public by the New York Times.

For over 15 years she prosecuted some of the most despicable defendants who committed the most heinous crimes, prosecuting hundreds of felony crimes including homicides, stalking, domestic violence, child sexual assault, and gang crimes.

Another defendant is Gerald Zirnstein, a former U.S. Department of Agriculture microbiologist credited with coining the term «pink slime,» and who appeared in ABC's reports.

Dr Evan Harris, who pushed the amendment, told politics.co.uk the party wanted to alter the burden of proof in libel cases so that it rested on the claimant, not the defendant.

«To the wider public who come into contact with it — as witnesses, defendants or jurors, but most crucially, as victims - this is a system that often does not deliver the level of service they expect, want or deserve,» he is expected to say later.

«Dan Halloran was the lone defendant in the trial that just ended in his conviction, but he is unfortunately not alone in a crowded field of New York officials who are willing to sell out their offices for self - enrichment.»

This is lower than the conviction rate for the normal population, in which 68 % of felony defendants who aren't police officers are convicted, and 48 % are incarcerated.

Before the bail conditions are met however, the first and third defendants are to be remanded in prison while the second defendant, who had written a letter to the EFCC on his poor state of health, will be remanded in the Commission's custody.

A Buffalo business executive who is a defendant in a federal case alleging the bid - rigging of massive upstate development projects was scheduled to plead guilty this afternoon and begin cooperating with the government.

Other defense witnesses include people who are or have been employed by Cuomo's office, the state's economic development agency, Cuomo's budget division and the Public Service Commission, which regulates power plants such as the one built by Competitive Power Ventures, which employed Kelly, one of the defendants, and hired Percoco's wife.