Sentences with phrase «of defendant in»

The success or failure of the defendant in this case will have significant consumer implications.

Lack of proper representation is difficult to prove, and a provable financial loss must be established with direct responsibility for same being proven to be laid at the feet of the defendant in order for a lawsuit for misrepresentation, negligent or fraudulent in nature, to be successful in court.

New York State Unified Court System: Affidavit of Defendant in Action for Divorcein Action for Divorce

By following the steps set out in the ESR report, an employer would not be in the position of the defendant in this case.

A plaintiff appealed the lower court's grant of summary disposition under MCR 2.116 (C)(7) in favor of the defendant in a Michigan motorcycle accident case.

Trial judges often find facts about the nature of the offense or the character of the defendant in determining, for example, the length of supervised release following service of a prison sentence; required attendanceat drug rehabilitation programs or terms of community service; and the imposition of statutorily prescribed fines and orders of restitution.

The draft Prisons and Courts Bill would have removed virtually any statutory constraint on the physical presence of the defendant in a court except in a Crown Court trial.

The purpose of pleading a John Doe defendant is to protect the plaintiff and the plaintiff's lawyer from circumstances in which it is later argued that they ought to have known the identity of the defendant in question, and that the limitation period was therefore missed.

«In appropriate cases prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement of the defendant in the commission of specific offences nor the receipt of monies by him arising out of the commission of specific criminal offences... Whilst the prosecution must prove that the property is «criminal property» within the meaning of the statutory definition, there is nothing in the wording of the section which imports any further requirement that the property emanated from a particular crime or a specific type of criminal conduct.»

The three - judge panel ruled in favour of the defendant in Schnarr v. Blue Mountain Resorts Limited, a case involving two skiers who were injured after signing liability waivers.

The claimants consulted different solicitors, Burroughs Day, to claim for the alleged professional negligence of the defendant in settling their claims at undervalue.

Even after the action was commenced there was little activity in the action after the examination for discovery of the defendant in January of 2010.

Also, the European Court held that the right of a defendant in environmental proceedings to seek a cross-undertaking in damages for the grant of any interim relief (such as an injunction restraining building works pending a challenge to the planning permission) was also subject to the requirement that any such imposition should not be prohibitively expensive.

But in his opinion the conduct of the Defendant in this case also warranted full - indemnity costs as well because,

Acting on behalf of the defendant in a # 1 billion claim in an international energy arbitration regarding a dispute in the calculation of damages and loss of earnings.

Acting on behalf of the defendant in High Court proceedings regarding restrictive covenant, team move which resulted in a successful settlement.

San Francisco Partner Florence McClain, along with San Diego Appellate Practice Partners Jeffry Miller, Lann McIntyre, and Brittany Bartold Sutton, recently prevailed in an appeal from the judgment entered following a trial court's grant of summary judgment in favor of the defendant in an asbestos suit.

San Bernardino Partner Art Cunningham and San Diego Appellate Partners Jeffry Miller, Ernest Slome, and Brittany Bartold Sutton recently prevailed in an appeal from the judgment entered following a trial court's grant of summary judgment in favor of the defendant in a negligence suit.

The successful representation of a Defendant in its defense of a $ 20 million breach of contract and business tort claim.

When your lawyer sets out to prove liability in your case, he is establishing legal responsibility on the part of the defendant in your case.

Successfully obtained summary judgment on behalf of defendant in nationwide class action challenging defendant's business practices concerning its administration of one of its annuity products.

Representation of defendant in Lanham Act false advertising litigation filed in New Jersey federal court.

According to the Texas Supreme Court, the net worth of a defendant in an injury claim or civil litigation procedure is both directly related to an exemplary damage award and discoverable.

Other notable cases included: acting for a US company in a High Court claim arising from the disposal of a UK subsidiary; acting for court - appointed receivers in the recovery of billions in assets of a defendant in High Court proceedings; and advising corporate clients on anti-bribery and corruption issues and investigations.

[154] It is now submitted on behalf of the defendant in this civil action that the issue of liability has been decided in his favour by the previous criminal proceedings.

Claimants must therefore consider how to fund not only their own costs, but also those of the defendant in the event that their litigation is unsuccessful.

From time to time I provide reports in personal injury and clinical negligence cases, and occasionally in Family Court and employment tribunal cases, but most of my reports are commissioned on behalf of a defendant in a criminal prosecution.»

Robert Jappie (Senior Associate — Crime and Regulatory & Maya Paunrana (Solicitor — Crime & Regulatory): «In criminal proceedings, schedule 7 of LASPO Act 2012 made it much more difficult to successfully recover legal costs on behalf of the defendant in the event of an acquittal.

Chris was instructed on behalf of the Defendant in this claim for repayment of monies advanced for the purchase of a high speed ferry.

St. Nicholas Trading Company v Tarquin Boat Company: Chris was instructed on behalf of the Defendant in this long running commercial dispute arising out of a Distribution Agreement entered into between the parties for the distribution of luxury motor yachts.

Representation of defendant in a CFTC action alleging misrepresentations in the operation of a futures fund

As to balancing the rights of the plaintiff with those of the defendant in this case, «Under the circumstances the plaintiff should not be put out of court and the defendant granted a windfall that it could not have known about or relied upon.»

What, then, is the position of the defendant in these proceedings that are most often conducted in private chambers under Rule 23 (2) and not in open court on the public record?

Oftentimes, it is not particularly necessary to prove or show negligence or the failures to exercise due caution on the part of the defendant in order to present a strong case.

A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

In Ontario, these are called Gladue courts, after the name of the defendant in R. v. Gladue -LRB-[1999] S.C.R. 688).

No solace to Gavin Hughes, who in April 2003, sitting in the public gallery of Merthyr Tydfil Crown Court, found himself in the dock after a police officer witnessed him taking a photograph of a defendant in the court using his mobile phone.

A couple of weeks ago we highlighted some particularly egregious examples of inappropriate social media use in the courtroom, such as a judge sending a Facebook «like» request to one of the parties in a case she was ruling on, jurors polling their friends on Twitter regarding the guilt or innocence of the defendant in the case they were hearing, and the like.

Her voluntary retirement worked to the benefit of the defendant in that any potential ongoing wage loss from these flare - ups would not be claimed against him.

The court set the punitive damages at $ 100,000 considering the «outrageous» behaviour of the defendant in dismissing Gordon and trying to hold him to their non-compete clause.

Finally, it was formed to protect Dean and is family from the morally - egregious prosecutorial strategy of seeking satisfaction from the financial ruin of a defendant in the absence of a conviction.

Now that a Buffalo cellblock attendant has pleaded guilty in the brutal beating of a defendant in May 2016, The Buffalo News has filed a new legal motion to force Mayor Byron Brown's team to let the public see video of the crime.

Justice Agbaza, after listening to the submission of counsel, ordered the remand of the defendant in Kuje prison and adjourned to June 6, 2018, for ruling on the bail application.

She granted bail to each of the defendants in the sum of N2 million with two sureties each in the like sum.

Meanwhile, Justice Baba Yusuf has fixed July 3 and 5 for the trial of the defendants in the new charges.

ALBANY — An attorney for one of the defendants in the upcoming corruption trial of a former top aide to Gov. Andrew Cuomo and others wants a historical exhibit in a Manhattan courthouse removed or covered out of concern it could bias the jury.

New York, NY (WBEN) One of the defendants in the Buffalo Billion case has changed his plea to guilty.

Justice Kolawole had on March 21, 2017 stopped the trial of the defendants in the case when the EFCC in a press statement quoted the court proceedings upside with claims that the defendants were indicted for N36B contract fraud and put on trial before the court.

Howe described in detail a very special Long Island fishing trip between himself and two of the defendants in this case.

The vast majority of defendants in Orleans Parish who are released from jail under financial conditions purchase bail bonds.