Sentences with phrase «other than plaintiff»

No attorney or anyone other than the plaintiff and the defendant are allowed to take part in a case in small claims court.

«The Upcoming Supreme Court Argument Involving Punitive Damages Awards and Big Tobacco: Can These Awards Be Based on Injury to Persons Other than the Plaintiff?»

That the words were published, meaning that they were communicated to at least one other person other than the plaintiff.

Today, the Supreme Court decided to let lower courts decide the admissibility of testimony by employees other than the plaintiff regarding workplace discrimination, also known as «me too» evidence, in discrimination cases.

The words were published, meaning that they were communicated to at least one person other than the plaintiff.

The Defendant argued that the statements did not meet the legal test of defamation because they were not «published» — i.e. they were not communicated to at least one person other than the Plaintiff.

A defendant in an existing case may file a third - party claim against someone other than the plaintiff because the outcome of the case between the plaintiff and the defendant will affect the rights or responsibilities of that third party.

Not exact matches

Rich Palma, president of Golden Pear Funding, said plaintiffs who take out advances receive better protection than borrowers may in other lending situations, because their own lawyers typically review, and often sign, advance agreements.

Disney shareholders lost their case but the final ruling set a new bar for directors when approving these kinds of exit packages: «If a director acts with conscious disregard — in other words, a looking away — rather than a deliberate intent to violate his duties, he can still be held liable for acting in bad faith,» plaintiffs» attorney Steven G. Schullman told the New York Times back in 2006.

Unlike in those other casee, the plaintiffs did receive some compensation, but at less than $ 1 per hour, far far less than minimum wage.

Small claims court cases are much cheaper than superior court cases for both the plaintiff (the person doing the suing) and the defendant (the person being sued) because the parties are not allowed to have any attorneys represent them and other rules that simplify the lawsuit process, making the whole thing much cheaper, faster, and easier.

While Graham and others questioned the PSC's ability to arbitrate environmental rather than utility issues, the commission's lawyers questioned whether the plaintiffs had legal standing since the organizations fighting the subsidy were mostly from the lower Hudson Valley, which is some four hours away from the nuclear plants.

«Bronx people are generally poorer than in other parts of the city, so they might be more sympathetic to poor plaintiffs.»

And that «if payments have been made to the 2nd and 3rd Defendants under agreements other the two * dated 26th April 2006 *, which were terminated, issues relating to those payments would have to be determined in a forum other than this Court (Supreme Court) and in a different action, since they do not come within the issue of constitutional interpretation raised by the Plaintiff's writ».

However, Salk President Elizabeth Blackburn and other administrators argue vehemently that the 2016 report, which shows senior women pulling in more than twice as much National Institutes of Health funding as their tenured male colleagues, is inaccurate and represents only the views of its authors, who were led by plaintiff Beverly Emerson.

Plaintiffs allege that the sites failed to disclose to members that their profiles would be accessible on ~ 1,000 websites other than the one they signed up on.

Judge Robert B. Freedman agreed with the plaintiffs in Valenzuela v. O'Connell that students who have failed the test — especially English - language learners — have not had a fair chance to learn the material because they were more likely than others to attend overcrowded schools and have unqualified teachers.

Other than showing that she had mastered the copy and paste functions on Microsoft Word (the opinion was almost entirely copied from the plaintiffs submissions), the decision proved little.

«Plaintiffs failed to show that the statutes themselves make any certain group of students more likely to be taught by ineffective teachers than any other group of students... The court's job is merely to determine whether the statutes are constitutional, not if they are «a good idea.

It alleges Simon & Schuster engaged in a «pattern and practice of paying Plaintiff and others similarly situated royalty payments for the distribution of licenses for electronic books, or «e-books,» at a rate for book «sales,» or some other lower rate than that required for «license» transactions.

Like plaintiffs, thousands of other aspiring authors who signed up with PublishAmerica have become demoralized because the publishing contract appears to be little more than a pretext for selling dubious services... These authors also feel trapped because PublishAmerica owns the rights to their books for seven to ten years.

The lead attorney representing the plaintiffs argued that this rule does not apply in this case because «the exception to this policy is where the officer personally committed a tort: a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.»

Plaintiffs argue it was inappropriate to allow three recordkeepers to supply the plans with a separate menu of investment choices, including mutual fund share classes that charged higher fees than other alternatives that offered the same investment strategies or less expensive share classes of the exact same investment fund — or both.

Plaintiffs argue it was inappropriate to allow each of these recordkeepers to supply the plans with a separate menu of investment choices including mutual fund share classes that charged higher fees than other alternatives that offered the same investment strategies or less expensive share classes of the exact same investment fund — or both.

Plaintiff testified that other than the occupants of the rental property, she was not aware of anyone else that had cared for, maintained, kept, harbored, possessed, controlled, or had custody of the dog in question.

The integrity of any final dispensation of the Corcoran depends on several key points raised by the petitioners, which include the advocacy group Save the Corcoran and more than a dozen other plaintiffs.

In attempting to depict the benefits [of smoking] as real, we offer not only an explanation other than addiction for a plaintiff's continued use of the product, but we legitimize choice.80 (Bates no. 282013287 — 282013288)

The sisters then joined the Our Children's Trust plaintiffs and more than 200,000 other protesters at the Climate March.

He is the leader of Siskinds» securities class actions team which, in 2010, recovered more settlement money for plaintiffs in securities class actions than any other law firm in Canada.

If you have been asked to sign one of these agreements you need to fully understand the motivation behind AIG's insistence, which appears to be nothing more than an attempt to control the claims dollars that rightfully belong to the plaintiff in any other form of settlement.

It may be appropriate for the court to consider appointing a specialist other than the proposed examiner but only where the plaintiff demonstrates, on a preponderance of evidence, sufficient grounds to justify the court in concluding that its discretion should not be exercised in favour of the appointment of the defendant's nominee...

Mr. Justice Williams went on to canvass factors other than value and concluded that the Plaintiff was entitled to $ 9,500 in costs under Rule 15 - 1 (15).

Finally, in respect of (e), malice, the trial judge found that there was no evidence that the BBB dealt with the plaintiff differently than any other company, rejecting the plaintiff's argument that the BBB's hidden agenda was to force Wash into the BBB's conciliation process or BBB membership.

A collateral benefit arises when a source other than the damages payable by the defendant offsets the actual monetary loss suffered by the plaintiff.

timely responses to communications by email and telephone timely production of documents especially medical counsel for plaintiffs advising their clients about early settlement and realistic expectations counsel for defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area of law posturing and egotism on both sides claims for punitive damages where none are warranted under law preparation for significant events such as examinations for discovery and motions accountability for the consequences of steps taken or delayed unnecessary or defensive crossclaims and third party claims by defence counsel regional differences (some local bars are more collegial than others)

The plaintiffs in the matter, who were terminated and subsequently filed suit for age discrimination, sought information stored within the application, hoping it would prove their performance was equal to or better than other sales professionals within the organization.

Justice E.M. Morgan accepted the plaintiffs counsel's submissions that insured parties and insurance companies should be considered in a different light than other litigants.

No evidence was presented with respect to the salary or any other terms or conditions of the first offer of employment although the plaintiff testified that he thought the salary in the first offer was less than the salary in the offer that he accepted.

A plaintiff who recovers a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there is sufficient reason for bringing the proceeding in the Supreme Court and so orders.

However, in this case the defense team was betting on the 50 % rule, which works like this: if the defense team could convince the jury that the plaintiff (my client, the injured motorcyclist) is more than 50 % at fault for the crash, the defendant (the negligent minivan driver) would not have to pay for non-economic damages, which include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and other long - term problems as a result of the crash.

Public signage by the plaintiffs of their trademarks uniquely in a language other than French, when there is no French version of the trademark, does not violate the Charter of the French Language or the laws respecting the language of commerce and business.

The Plaintiff's doctor also testified that «a lot of her symptoms arise from «something else» (something other than the crash)... She has an underlying condition of depression and alcohol consumption which makes her depression worse».

The fact that the OQLF had granted or renewed «certificates of francization» for over a decade knowing full well that these plaintiffs were using their trademarks in a language other than French without the support of a French generic, illustrated that their use was in accordance with the text of the Charter and Regulations.

The plaintiffs» lawyers, however, said they had no contact with the Toronto Sun about the facts of the case and had not discussed the circumstances of the accident with Mandel other than to say the information was in the public domain.

«In this case, Mr. Zayouna actually said he had instructions, which was more than he was required to say for the other side to understand that its offer had been accepted and would be binding on the plaintiff.»

The firm has successfully litigated more auto crashworthiness cases than any other law firm in Florida and ranks among the most respected plaintiff's auto crashworthiness firms in the nation.

Bosworth endorsed and applied the existing law that for the section 41 (a) bar to apply, the plaintiff for both proceedings must be the same person — it is not sufficient if the same action can be brought on a representative basis by someone other than the proposed class plaintiff.

All payments in respect of the incident that the plaintiff receives after the trial of the action for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care.

In other words, the plaintiff in an insurance bad faith case may be able to recover an amount that is much larger than the original face value of the policy.

Some of the other overall findings include the statistical fact that plaintiffs in English courts win their cases 75 % of the time, which is more than double the US figure and that self - represented litigants i.e. litigants without a lawyer, generally beat expectations and were often very successful in court.