Sentences with phrase «of the defendant as»

The Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law.

The plaintiff has shown that she is in a correlative relationship of doer and sufferer of the same harm with the group of defendants as a whole, if not necessarily with each individual defendant.

It was also the case that there was no unjust enrichment of the defendant as the refinancing transaction was not defective.

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

Justice Watson also ignored the secondary societal interest in Charter s. 11 (b) that is most obvious when it parallels the interest of a defendant as it did here.

A court of appeals in California recently released an opinion in a personal injury lawsuit that reversed a jury verdict in favor of a plaintiff who sustained injuries when he was struck by a vehicle being driven by an employee of the defendant as he returned from work.

(ii) There was nothing preventing the prosecution from preferring a new count in the absence of the defendant as the defendant in this case had waived his attendance.

One of the documents to the contract set out a number of terms which limited the liability of the defendant as against the plaintiff for a wide variety of issues, including delay in construction.

Lord Rodger agrees with Bingham that «it is not open to this House in its judicial capacity to make such a far - reaching inroad into the common law rights of a defendant as would be involved in endorsing the procedure adopted in the present case» and that rather this task is for Parliament to address, as, «the proper body both to decide whether such a change is now required, and, if so, to devise an appropriate system which still ensures a fair trial».

According to the 13 - page complaint filed in federal court, Faraday Bicycles says that it registered the trademark for «FARADAY» in October 2013, which «predates any use of the name «Faraday» by Defendant, and predates the existence of Defendant as an organized entity.»

Not exact matches

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) BRF employees paid bribes to regulators and politicians to subvert inspections in order to conceal unsanitary practices at the Company's meatpacking plants; (ii) the foregoing conduct, when it came to light, would foreseeably subject the Company and its officers to heightened regulatory enforcement and / or prosecution; and (iii) as a result of the foregoing, BRF's public statements were materially false and misleading at all relevant times.

NEW YORK, April 17 - The judge overseeing the $ 1 billion fraud case of defunct New York hedge fund firm Platinum Partners has ordered a separate trial for a defendant planning to argue that Platinum Chief Investment Officer Mark Nordlicht and other defendants were guilty as charged.

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

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) Akorn's failure to comply with FDA data integrity requirements would jeopardize Fresenius» acquisition of Akorn; (ii) the Company lacked effective internal controls over financial reporting; and (iii) as a result of the foregoing, Akorn shares traded at artificially inflated prices during the Class Period, and class members suffered significant losses and damages.

Casares and four other Xapo employees (each of whom previously worked at Lemon) are named as defendants.

The DOJ press release states that each defendant could face as many as 30 years in prison, a $ 1 million fine, and five years of supervised release, among other penalties.

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.

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) Ericsson prematurely recognized revenues and improperly delayed the recognition of costs related to services contracts; and (2) as a result of the foregoing, Ericsson materially overstated its revenues, margins, and profits during the Class Period.

The complaint alleges that throughout the class period Defendants issued materially false and / or misleading statements and / or failed to disclose that: (1) Ericsson prematurely recognized revenues and improperly delayed the recognition of costs related to services contracts; and (2) as a result of the foregoing, Ericsson materially overstated its revenues, margins, and profits during the Class Period.

However, Mariotti added, prosecutors sometimes bring charges earlier if it's part of an effort to coerce a defendant into «flipping» as a witness and cooperating with the investigation.

«This court, as a trier of fact, is simply not firmly convinced of defendant's guilt,» Judge Wilson wrote in his ruling.

NEW YORK, April 17 (Reuters)- The judge overseeing the $ 1 billion fraud case of defunct New York hedge fund firm Platinum Partners has ordered a separate trial for a defendant planning to argue that Platinum Chief Investment Officer Mark Nordlicht and other defendants were guilty as charged.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

As a senator, Sessions criticized the Justice Department in 2009 for dismissing three defendants from a voting rights lawsuit against the New Black Panther Party after allegations of voter intimidation outside a Philadelphia polling place.

Bounce then followed this up with a second case — this one filed in a Texas court in April 2016 — repeating these allegations, also accusing Yieldify of patent infringement, and adding some of Yieldify's customers as defendants.

The Texas suit names three of the UK startups» customers as defendants in the suit — hotel company Omni Hotels Management, beauty products company Laura Mercier, and keyboard manufacturer Das Keyboard.

Hired by prosecutors, Zdziarski's job included analyzing the phones of the defendants for proof that they participated in the plan to rob and murder Lambert — even as several of them vehemently denied it.

«Defendants and their co-conspirators also obtained, and attempted to obtain, false identification documents to use as proof of identity in connection with maintaining accounts and purchasing advertisements on social media sites,» the indictment says.

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.

Huawei or its subsidiaries have been cited as a defendant or co-defendant in at least 172 federal patent infringement cases since 2003, according to a review of court filings.

Gorsuch's commitments to interpreting the law as «the words on the paper say» and not over-criminalizing innocent conduct were on full display in a 2015 decision in which he used «plain old grade school grammar» to determine the legal penalties imposed on defendants accused of using a firearm «during and in relation to any crime of violence of drug trafficking crime.»

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company conspired with other dental supply companies to violate federal antitrust laws; (ii) discovery of the foregoing conduct would subject the Company to heightened regulatory scrutiny and potential criminal sanctions; and (iii) that as a result of the foregoing, Henry Schein's public statements were materially false and misleading at all relevant times.

«There is enough grey in grey marketing law and the lack of federal government enforcement of labelling and packaging laws to prevent the characterization of the defendants» conduct as sufficiently egregious to attract further condemnation from the court,» Myers wrote.

Lost in that noise is a potentially more significant development that surfaced in March: Canada's largest bank has been named as a defendant by U.S. mortgage giant Freddie Mac for alleged manipulation of LIBOR, the London Interbank Offered Rate, an interest rate benchmark off which international banks lend among themselves.

This practice was also portrayed by defendants as part of life for college basketball players moving to the NBA.

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.

The defendants portrayed the bribes as an accepted part of the NCAA, according to an undercover agent pretending to be a financial backer for two defendants» sports - management business.

In one of the three complaints, Jim Gatto — director of global sports marketing for basketball at Adidas — and four other defendants were accused of bribing high - school athletes to play at universities sponsored by Adidas (referred to as «Company 1» in the case).

Members of the Trump campaign unwittingly aided the Russians for some of their pre-election events, including by providing signs, after the defendants posed as Americans and contacted the campaign through bogus social - media accounts, according to the indictment.

«Defendants used the lure of quick riches from a twenty - first century payment system known as virtual currency to defraud investors.

As for prosectors, they keep adding new defendants to the case; criminals, they say, are part of Zambada's vast drug conspiracy.

(Chicago constructed this story from thousands of pages of federal court records, police reports, and court testimony from related cases, as well as from official government reports and dozens of interviews with federal and local law enforcement officials and attorneys for some of the defendants; through a spokesman, prosecutors in the Zambada case declined comment.)

«We are very pleased that the Supreme Court denied defendants» petition, leaving firmly in place the Second Circuit's precedential rulings regarding the necessity of utilizing event studies to prove market efficiency as well as the burden of proof required to rebut the presumption of reliance, both of which were highly favorable to investors,» the shareholders» attorney Jeremy A. Lieberman of Pomerantz LLP told Law360 on Monday.

«Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to enable drivers and passengers to transact the business of transportation,» the Labor Commissioner's Office wrote about Uber.

He was arrested in January, 2017 as part of an investigation into another defendant's alleged reselling of tickets to «Hamilton» and other shows.

On March 6, 2018, Judge Jack B. Weinstein of the US District Court for the Eastern District of New York entered a preliminary injunction order against defendants Patrick K. McDonnell and CabbageTech Corp, also known as Coin Drop Markets (CDM).

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.

As with those of similar convictions in civilian courts, the records are supposed to block defendants from buying guns.

Remington, one of the nation's oldest gunmakers and a defendant in the lawsuit, recently filed for bankruptcy as its sales have declined and debts have mounted.

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.