Sentences with phrase «part of the plaintiff»

As part of our plaintiff electronic discovery services, our firm provides you with certified computer examiners and analysts to assist in the expert collection and / or investigation of any forensic evidence.

This is critical in a case like Stairway to Heaven, in which the borrowed elements make up a quantitatively and qualitatively large part of the plaintiff's work but a relatively small part of the defendant's work.

Hence the conspiracy element based on Oreskes «Merchants of Doubt» and the Scripps La Jolla meeting in 2012 is an essential part of the plaintiff case on order to claim monetary damages.

[2] While I have considerable sympathy for the plaintiffs» position and understand their intense feelings of disappointment in what they perceive to be Mr. Cruz» failure to keep his word of honour to fix the numerous issues they raised regarding the quality of construction, I have concluded that the greater part of the plaintiffs» claim relates to conditions of completion of the sale and are not warranties that survived completion.

In that situation, Steneberg says, the plaintiff's lawyer needs to make an assessment of whether government benefits will be a needed part of a plaintiff's financial and personal well - being.

A defence medical witness also gave evidence that pain had become part of the plaintiff's identity and she may have been influenced by the «secondary gain» of an anticipated monetary award at trial.

Another important part of the plaintiff's case was the employer's alleged non-discriminatory basis for termination: insubordination.

Defective Chinese Drywall: As part of the Plaintiff Steering Committee, our law firm has been instrumental in securing multiple settlements on behalf of hundreds of homeowners with homes affected by tainted Chinese drywall.

Although a significant part of the plaintiff's claim rests on the fact that Mazda failed to adequately resolve the issue in a timely fashion, as Glaspell notes above it requires a burden even beyond that of negligence in showing fraud or total failure of consideration.

The Defendant objected noting the reports should properly be admitted as part of the Plaintiff's case in chief.

Of course, the at - fault driver's insurance company is also responsible for your pain and suffering damages for your personal injuries, which is usually the largest part of the plaintiff's claim.

I suppose «and agreeable to good conscience» might at least cover situations where relevant misconduct on the part of a plaintiff or defendant precludes reliance on some right that would otherwise apply.

Failure on the part of the plaintiff to prove any one of these elements will result in the plaintiff losing his or her case.

Considering this, the Court sided with the plaintiff and the trial court, agreeing that «there was no evidence constituting, or even suggesting fault on the part of the plaintiff that could have allowed a jury to allocate negligence to him.»

Part of me wants to believe that the move is just FUD on the part of the plaintiffs, and the lack of question on the case by the media is simply due to the lack of expert understanding on the Copyright law by people in general (who tends to bundle together every type of intellectual property law into a single mess).

... the court should not be required to make findings as to bad faith or improper motive on the part of the plaintiff in deciding a motion under the special procedure.

[13] Given that the irrigation component was sold to the Defendant as part of the Plaintiff's ordinary course of business, that the Plaintiff knew its intended purpose, and that the Defendant relied on the Plaintiff's skill and judgment with respect to its design, the Defendant alleges the irrigation component is not reasonably fit for the purpose for which it was intended.

Negotiated a favorable settlement in a case involving alleged negligence in the construction of a highway, after discovering and establishing negligence and spoliation of evidence on the part of plaintiff's employer which caused the employer to substantially reduce their worker's compensation lien claim.

-LSB-...] a failure to fit in with other employees, and a failure on the part of the plaintiff to take responsibility for the difficulties that arose during her employment -LSB-...]

This specifically provides that one of the matters to be taken into account in the exercise of discretion is «the reasons for the delay on the part of the plaintiff».

[15] Even if there were for closing argument an agreed stipulation of the plaintiff's attendance at the independent medical examination, I would prefer that the evidence be led as part of the plaintiff's case.

I accept the foregoing evidence and consider that this was an entirely realistic expectation on the part of the plaintiff.

It does not matter that the parties are engaged in ongoing and perhaps vigorousnegotiations, with a clear and unequivocal intent on the part of the plaintiff to proceed with the claim.

Any award of damages is subject to a reduction which the Court may deem appropriate if it determines that there was some fault or negligence on the part of the Plaintiff which caused or contributed to his or her damages.

The statute provides that the amount of financial recovery possible in a dog bite claim is reduced according to the percentage of contributory negligence on the part of the plaintiff.

Because the medical records were not self - authenticating, the defendant had no way to verify their validity; therefore, he can not be subject to sanctions for a failure on the part of plaintiff's attorney.

They suggested that Ms. Rosenberg's wounds took longer to heal because she is a diabetic and they noted that her scars are not generally visible because they are on a part of plaintiff's body that is covered by clothing.

While the court's basis may not have been part of the plaintiff's motion, it was foreseeable that the court might pursue this line (whether it should have done so is another matter).

For the Court of Appeal, there was no authority for the Appellant's submission that ``... knowledge of a lack of experience on the part of the plaintiff would override or negate» the basic duty imposed on the Respondents.

In these circumstances, very little affirmative evidence on the part of the plaintiff will justify the drawing of an inference of causation in the absence of evidence to the contrary.

Neither the making nor the acceptance of this offer shall be deemed a waiver or estoppel by the Defendants in respect to any reprehensible or improper conduct on the part of the Plaintiff and / or his counsel in respect of this proceeding.

We assisted with a personal injury file involving multiple defendants and likely contributory negligence on the part of the plaintiff.

In our next case, the trial court found objective speciousness and subjective bad faith on the part of Plaintiff SASCO, who sued a competitor and individual defendants alleging misappropriation of trade secrets and related torts.

In addition to allocating damages among the defendants, a jury may also find that some act on the part of the plaintiff contributed to his or her own injury and assign the plaintiff a percentage of responsibility.

It has been suggested that an adverse medical outcome is enough to trigger knowledge on the part of the Plaintiffs that there may be a right of action against the medical practitioners.

The court noted that the settlement was reasonable, particularly since the defendants extracted additional lands (part of the plaintiff's property).