Sentences with phrase «on defendants»

Since the defendants had invited the estate to bring its claim, had moved to add the estate to the action, and had not raised a limitation period defence, the plaintiffs were found to have no right to rely on the defendants» limitation period defence to deny the adding of the estate as a party.

Many states now impose a surcharge on defendants who exercise their constitutional rights to counsel, confrontation, and trial by jury.

But, as the Young court put it, all of this occurred «before Plaintiffs served (or, due to Superior Court procedures, could have served) their complaints on Defendants.»

Fact sheets on defendants» rights and victims» rights in all EU Member States will be available in early 2011, including, for example, information on how road traffic offences are dealt with in different countries.

Today in what appears to be a first in Australia and perhaps the world, Master Harper of the ACT Supreme Court ordered that a default judgement could be served on defendants by notification on Facebook.

The process server advised the plaintiff's lawyer that the claim had been served on both defendants and swore fairly detailed affidavits of service.

(By the way, the Ninth Circuit later imposed sanctions on the defendants for raising a frivolous appeal.)

The need for reform of that sentence is urgent, she says, but guidelines requiring the passing of sentences of imprisonment on defendants over 21 of around 30 years before they are even considered for parole, are equally in need of revision.

«The existence of the LFA has no bearing, substantively or procedurally on the defendants or the third parties.

[n16] Since this interpretation of Swain has placed on defendants a crippling burden of proof, [n17] prosecutors» peremptory challenges are now largely immune [p93] from constitutional scrutiny.

In a landmark decision and judgment on the defendants» motions to dismiss, the court dismissed Plaintiffs» complaint in its entirety.

Consequences of power: legal actors versus disputants on defendants» attendance at mediation 5.

That is the present regime, Wouldn't a policy which penalizes continuing with low probability of success cases create incentives to settlement at rational values, and decrease the economic drag on defendants?

I accept Dr. O'Shaughnessy's opinion that the PTSD was triggered by the accident, and I am satisfied that there is a substantial connection between the injuries Ms. Harmati suffered in this accident and her present symptoms sufficient to impose liability on the Defendants.

Following Hollick there has been a suggestion that the onus is on the defendants to establish the preferability requirement.

In drug and device product liability litigation, discovery burdens are unequal and fall more heavily on defendants, and there is no reason to think that will change under the MIDPP.

providing legally sufficient service of court filings on other attorneys and unrepresented parties to a court case (and, if and when authorized by law, service of process on defendants or respondents to establish the court's jurisdiction over them under principles of due process of law), and

To allow the Claimant to attempt to prove his case at trial would place a disproportionate burden on the Defendants to resist it and they would be obliged to expend resources in investigating and defending a claim which relies almost exclusively on the fading memory of the Claimant.

Over 20 percent of prison and jail inmates in the United States are currently awaiting trial, but little is known about the impact of pretrial detention on defendants.

It is important to note that there are different time limits for claims, depending on the defendants.

But in May 2015, Judge Sánchez entered a final order on defendants» motion to transfer venue, and found that the individual defendants (Messrs. Plant, Page and Jones) lacked sufficient minimum contacts with Pennsylvania to justify retaining venue.

The article was also published on the defendants» many websites and was available for viewing for nearly five years until Mr. Kent achieved its removal from those websites in November 2012.

Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948 - CB, Oral Argument on Defendants» Motion Regarding Plaintiff's Improper Document Production, Plaintiff's Cross-Motion for Defendants to Supplement Their Deficient Document Production, Discovery Issue Regarding Location of Depositions and Rulings of the Court, July 15, 2015.

The BCCA found that the lower court erred by making a finding of irreparable harm which was unsupported by the evidence, and by failing to assess the impact that the injunction could have on the defendants» constitutionally protected speech.

In light of constitutional history and the role of juries, why should the burden be on defendants to show that acquitted conduct enhancements are improper?

, C.A. No. 10948 - CB, Oral Argument on Defendants» Motion Regarding Plaintiff's Improper Document Production, Plaintiff's Cross-Motion for Defendants to Supplement Their Deficient Document Production, Discovery Issue Regarding Location of Depositions and Rulings of the Court, July 15, 2015.

The courts typically require papers get served on the defendants somewhere between 30 to 60 days from the date when the lawsuit is filed.

RBC attempted to conduct two different examinations in aid of execution on the defendants, who failed to show for both.

In addition to the unnerving effect the charge has had on some defendants» decision on how to plead, the charge also faced criticism for making a mockery out of the criminal justice system because the fees are too high, disproportionate to sentences and do not take into account the defendant's ability to pay.

After hearing argument on the plaintiff's motion, the trial court ruled that the proposed defendants could not be added and denied the plaintiff's request to conduct additional discovery on the defendants.

Similarly, a harm of extreme sentences is that they are only imposed on defendants exercising their trial rights and ticking off prosecutors seeking a plea (see, e.g., Berger and Wilson and the border agent cases and just about every other out - of - whack criminal sentence).

The report indicates that they are the least likely of all federal defendants to be given non-custodial sentences, even over and above violent and weapon offenses, and that «Prison sentences imposed on defendants convicted of CSEC offenses were among the longest in the federal justice system.

The judge issues a Summons, calling on the defendants to appear in court and answer your Complaint.

on Defendants Need to Move Quickly for Costs When Plaintiffs Unilaterally Discontinue a Lawsuit

It served the claim form out of the jurisdiction on the defendants in Italy.

Venulum then waited another four months before serving the proceedings on the defendants, and in doing so wrongly calculated that it had a further 14 days in which to serve its particulars of claim.

In early 2008, notices under s 53 of RIPA 2000 were served on the defendants.

[Note 3] Though noting that the affidavits submitted by the plaintiffs in opposition to summary judgment may have contained hearsay, the judge took no action on the defendants» motion to strike those affidavits.

In his research paper, MDL Proceedings: Eliminating the Chaff, John Beisner, a Partner at Skadden, Arps, Slate, Meagher & Flom LLP, looks at the aggressive advertising plaintiffs» counsel uses to attract clients for MDL, regardless of claim merit, and the subsequent pressure placed on defendants.

I firmly believe if he was to spend some time with us, or indeed, any claimant clinical negligence practice, going through some of the cases we deal with; taking a proper look at the investigation that is often necessary; taking on board the hurdles we have to overcome in order to bring a successful action and was briefed on the defendants» behaviour, that he would gain an understanding of the negligence encountered by patients, the tactics employed by defendants and on a more positive note, witness the direct changes to NHS procedures and improved outcomes as a result of litigation.

Plaintiff takes issue with the presiding justice allowing the scandalous non-compliance to the rules of court by defendants and their counsel as per notices served on the defendants counsel.

Furthermore, although s. 1 refers to «persons», in any particular action its effect is to impose joint and several liability to the plaintiff only on defendants found at fault or negligent, and not on any other person.

Serves on the defendants» Executive Committee in the post-bankruptcy, multibillion dollar fraudulent transfer litigation pending in federal court New York.

The plaintiff must demonstrate that requiring service of process on the defendants would defeat his rights

And at this post at Prawfs Law Blawg, Stewart Green writes that the Supreme Court's decision has gotten him thinking about whether to confer mercy not on defendants who make untimely filings but students who turn work in on time.

An earlier ruling on defendants» motion for judgment on the pleadings is available here.

Instead of correctly placing the burden on the government to show harmlessness BRD, the court incorrectly places the burden on the Defendants «to show a substantial risk» of prejudice.

A volume practice based on defendants is in an entirely different position; there, repanelling by a hostile general counsel or company takeover can, at a stroke, remove huge swathes of revenue which for a quoted entity could be disastrous.

Apparently even that right is still under contention: many jurisdictions impose fees on defendants for the use of public counsel, regardless of their (in) ability to pay.

On Jan. 30, Central District of California Judge Dale Fischer held a hearing on the defendants» motion seeking sanctions, dismissal of certain counts of the lawsuit and an adverse instruction to the jury based on the government's failure to preserve evidence.