Sentences with phrase «party claims against defendants»

This means that it is generally the only recourse available to employees who suffer job - related injuries, except for third - party claims against defendants other than their employers or co-workers.

Not exact matches

A High Court claim brought by donor Michael Foster is currently against one named defendant - the party's general secretary Iain McNicol, who is being sued in a representative capacity.

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.

We advise business clients and insurers on pollution and other environmental claims, and have extensive experience litigating claims under federal and state statutes in clean - up cases, either defending against liability and allocation among defendants, or seeking reimbursement for recovery costs from responsible parties.

If you have suffered personal injury or are the bereaved loved one following a fatal incident then you may pursue a claim against the party (s) who you hold at fault, the «defendant»

On March 4, 2014, the Court made the order requested, and the ParkLane Defendants» Third Party Claim against the Distributors will only proceed after the common issues trial has been completed.

In many situations, you can collect workers» compensation benefits while your damages claim against a third - party defendant is underway.

For example, if some of the claims against some of the parties will proceed to trial in any event, it may not be in the interest of justice to use the new fact - finding powers to grant summary judgment against a single defendant.

The defendant's response must include what portions of the complaint, if any, the defendant admits to, what specifically the defendant contests, what defenses the defendant may have to any of the allegations made in the complaint, and whether the defendant has claims against the plaintiff or any other party.

Along with the answer, the defendant may include a counterclaim against the plaintiff, or a related third party claim against another person or business.

The defendant law firm's third party claim against a number of accountants and another law firm was also dismissed.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

When a lawsuit (or a claim, or a party) is dismissed by a court «with prejudice,» that means that the same cause of action can not be brought again by the same plaintiff against the same defendant.

In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and...

If you are the injured party claiming against another driver, you are the plaintiff and the other driver is the defendant.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

24.04 (1) Unless the court orders otherwise, where an action against a defendant who has crossclaimed or made a third party claim is dismissed for delay, the crossclaim or third party claim shall be deemed to be dismissed.

The Court may make an order for an interim payment or payment into escrow that will bind all parties to the COF proceedingswhere the Court issatisfied that, if the claim went to trial, the original claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants.

Negotiated a favorable resolution on behalf of a developer of a multi-million dollar mixed - use condominium, both as the defendant against claims of significant construction defects, and as the plaintiff in a third - party complaint asserting indemnification and contribution claims against subcontractor defendants.

It allows many parties with similar claims to pursue them collectively against a given defendant.

If you have claims against more than one defendant or insurance company, or are considering a lawsuit over the same injuries against another party, you should also consider whether settling with one defendant could limit or eliminate your right to pursue the other cases.

We have handled substantial numbers of mediations of professional negligence claims, for both claimants and defendants; these include several recent claims against solicitors and accountants, most of them complex multi party actions.

A plaintiff is a person who has suffered some type of loss and is seeking compensation from the responsible party, who is referred to as the defendant, by filing a claim against them in court.

The Defendant will have to file an Answer that says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against you or any othDefendant will have to file an Answer that says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against you or any othdefendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against you or any othDefendant contests, what defenses the Defendant may have, and whether the Defendant has claims against you or any othDefendant may have, and whether the Defendant has claims against you or any othDefendant has claims against you or any other party.

In that regard, Karakatsanis J. observed that it may not be in the interests of justice to use the new fact - finding powers to grant summary judgment against a single defendant if the claims against other parties will proceed to trial in any event.

Where a claim is brought against a defendant, consideration should be given not only to the likelihood of success, as compared to the value of the damages and costs the case exposes the client to, but also to the media coverage of the case, the reduction of the party's goodwill if the issue is fought, and the cost of re-establishing that goodwill.

The respondent was the plaintiff in the underlying action who subsequently entered into two agreements with the defendant, H&M Combustion Services Ltd. («H&M») in 2011 and 2016, to indemnify H&M from any exposure in the litigation in exchange for the assignment of its rights to the plaintiff in pursuing a third party claim that H&M commenced against the appellant.

Schuckman Realty v. Marine Midland Bank (244 A.D. 2d 400)- broker not entitled to recover a commission from defendant under contract theory where broker entered into brokerage agreements with parties other than the defendant; broker's claim against defendant in quantum meruit fails due to the existence of a valid and enforceable agreement governing the particular subject matter (i.e., commission agreement between broker and other parties).