Sentences with phrase «of named plaintiff»

When does the destruction of email messages of a named plaintiff by the defendant's IT department lead to sanctions?

Served as lead counsel for the defendant and obtained reversal by the Seventh Circuit Court of Appeals of a district court's order certifying a 29 - jurisdiction class action alleging consumer fraud by a Fortune 50 retailer, and subsequently successfully moved for dismissal with prejudice of named plaintiff's claims and obtained a nationwide injunction against future attempts to certify a class based on similar allegations.

As the judge pointed out, one of the panelists was the mother of the named plaintiff in the original 1993 case.

Several of the named plaintiffs have levels of PFOA in their bodies significantly higher than the national average.

One is the fact that a number of the named plaintiffs, including the Vergara sisters, attend schools where teachers do not have tenure.

Much of what the legal profession calls public interest litigation, he argued, «is purely political, and transcends the interest of the named plaintiffs, who are not clients in any ordinary sense.»

Not exact matches

A woman named Colleen Gallagher, represented by the same law firm, is also a plaintiff in a 2014 lawsuit in the same court alleging that Bayer AG's claims about the health benefits of its One A Day multivitamins misled consumers.

In the company blog, Telsa referred to Organ as having «a long track record of extorting money for meritless claims» and said that the company «would rather spend more on a trial and clear its name than settle with the plaintiff.»

The named plaintiff in the lawsuit is Brady Tucker, an Idaho resident who paid a total of $ 163.91 in fees and surprise interest charges over a six - day stretch.

A New York City advocacy group for low - income and minority residents filed a lawsuit against JPMorgan Chase Bank last fall for what it says are illegal and exploitative tactics that have cost the two named plaintiffs thousands of dollars in penalty fees it contends they shouldn't have had to pay.

Raymond Abbott's name appeared as lead plaintiff in a court case brought by Camden and several other poor school districts against the State of New Jersey, demanding that the state provide equal funding for all schools.

The complaint lists four individual plaintiffs and names as defendants Trader Joe's, which sells some of the wines that were tested, and about two dozen California wineries, including some well - known names such as Beringer, Fetzer, and... Continue Reading

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.

The expiration of the patent did not have the effect of conferring on the public, or the plaintiff as a part of it, any right with reference to the name of the thing which was not a subject of the patent.»

The finding of the Court of Appeals for the District of Columbia that the registration by plaintiff's predecessor of the trade - mark had been fraudulently obtained, was based on the fact that in the application for registration, it was stated that applicant's use of the name «Tabasco» had been exclusive, whereas the testimony showed that several other manufacturers, during the preceding ten years, had, to its knowledge, used the word in connection with pepper sauce.

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.

Commencing about 1890, the peppers have been extensivly raised in Louisiana and Mississippi, under the names «Tabasco peppers,» «bird peppers» and «red peppers,» and have been used in the manufacture of pepper sauces substantially the same as that made 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.

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

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 class - action lawsuit against the Cemeteries Association of Greater Chicago, which represents the cemeteries, and Westlawn Cemetery, an association member, was filed by the Chicago Rabbinical Council and named one plaintiff, Carole Katz of Chicago.

The orders follow the interpretation - confusion that ensued between the electoral commission and Abu Ramadan, the plaintiff who went to court to seek an interpretation of the legality or otherwise of such names in the electoral roll.

The Supreme Court demanded the list following a return to court by plaintiffs Abu Ramadan and Evans Nimako, to seek clarity on the same court's May 5 ruling, in which it ordered the EC to delete from the register of voters, names of the dead, minors and those, who were registered onto the poll roll through their NHIS cards.

The Clerk of the Court is directed to AMEND the caption to include the names of the new Intervenor Plaintiffs.

However, the defendant proceeded to infringe on theconsent judgment regarding exclusive content rights of the plaintiff by setting up a new television channel on its Champion TV decoder under the trade name, Top TV 2, which was used to broadcast the 2016/17 season of the EPL.

According to the court papers, the lawyer for the plaintiff alleges the names are «an an abuse of the respondent's discretion.»

The plaintiff, an Illinois state worker named Mark Janus, and his supporters have argued that even issues like the size of state workers» salaries is a political opinion that should be protected by the First Amendment.

The order by the Supreme Court for the EC to submit the list of NHIS card registrants follows the interpretation - confusion that ensued between the electoral commission and Abu Ramadan, the plaintiff who went to court to seek interpretation of the legality or otherwise of such names in the electoral roll.

Effectively, the Plaintiffs sought from the Supreme Court a declaration that the current voters» register (the Register) is unconstitutional, null and void, and of no effect because it contains the names of persons not qualified to vote and persons who are deceased.

STATEN ISLAND, N.Y. — Of the eight people named as plaintiffs in a lawsuit against Gov. Andrew Cuomo, six are from Staten Island with two from Brooklyn.

For those keeping score listed below are the names of the attorneys representing the plaintiffs and defendants.

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.

In the alternative, he prayed the court to give an order of interim injunction mandating the defendants, whether by themselves, their servants, agents, privies or howsoever called to publish the name of the plaintiff as an aspirant for the November 19, 2011 governorship primary in Bayelsa State or any governorship primary election scheduled for Bayelsa State, on any date which the defendants may choose, pending the determination of the substantive suit.

The Bayelsa State governor wanted an order of interim injunction restraining the first defendant, whether by itself, servant, agents, privies or howsoever called from accepting from the second and third defendants any fresh submission of names of governorship aspirant from Bayelsa State, to change / substitute the name of the plaintiff which had already been submitted to the first defendant after the primary election of January 2011, pending the hearing and determination of the substantive suit.

«To the best of my knowledge, information and belief, the Plaintiff [Dominic Ayine] brought this action in his name fronting for the immediate past Government to set at naught the popular wishes of the majority of the Ghanaian electorate who see the President's acceptance of the nomination of the 2nd Defendant [Martin Amidu] as Special Prosecutor, as being in the national interest to attack the canker of corruption in the body politic,» Martin Amidu indicated in his affidavit verification sighted by Citi News.

The lawyers talked Mildred and Richard into lending their names as plaintiffs in a suit challenging the Constitutionality of Virginia's longstanding statute prohibiting interracial marriage.

The lawsuit, filed late last month in a state district court, centers on the bilingual - education segment of the district's alternative - certification program for teachers and names seven plaintiffs.

He reminded Judge Treu that each accusation a plaintiff made, of suffering from the ineffectiveness of a teacher, was a misrepresentation of the facts, as he described the teachers they named as exemplary.

Named for one of the student plaintiffs, Beatriz Vergara, the case heard closing arguments yesterday.

«NRA appeals judge's decision against pseudonyms in Parkland lawsuit» via Jim Rosica of Florida Politics — The National Rifle Association is appealing a federal judge's ruling against shielding a plaintiff's name in its litigation against the state's new school safety and mental health law.

British, Australian, and Canadian rightsholders are joining the case as named plaintiffs and will also be represented on the Board of the Book Rights Registry.

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 conspiracy.

Apple and five major publishing houses are being sued by a Seattle - based law firm, Hagens Berman, on behalf of two plaintiffs named in the suit and on behalf of consumers as a... [Read more...]

Apple and five major publishing houses are being sued by a Seattle - based law firm, Hagens Berman, on behalf of two plaintiffs named in the suit and on behalf of consumers as a whole.

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 conspiracy.»

The named plaintiffs, of which there are 12, invested in five of JPMC's stable value funds through nine 401 (k) retirement plans, each overseen by a different employer plan sponsor.

Although Aaron is the named borrower with respect to the loans through the U.S. Department of Education via its William D. Ford Federal Direct Loan Program and a Federal Perkins Loan, and Bahiyyih is the named borrower with respect to the loan through Sallie Mae, the Plaintiffs submit that there may be co-obligations such that the Defendants are creditors of both Aaron and Bahiyyih.

Nepinak is the lead plaintiff in a $ 1 billion class - action lawsuit on behalf of all Canadians who purchased bread from the named grocers since January 2001.

Steve Wildman and Jon Borcherding, former American Century employees, are the named plaintiffs representing the class of plan participants.

«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»