Sentences with phrase «plaintiff alleging»

Before Spokeo, little attention was paid to the standing requirements for a plaintiff alleging TCPA violations, which provide for damages of $ 500 to $ 1500 per call.

5 Nov. 17, 2016)(unpublished), defendants won a «waste» lease dispute against a plaintiff alleging two tort claims, and one of the defendants also won on a slander cross-claim (resulting in $ 1 nominal damages), but lost on three other cross-claims.

As stated previously, under Maine common law, a plaintiff alleging defamation must show a false and defamatory statement published without privilege to a third party resulting in harm to the plaintiff.

One of our lawyers has, as leading counsel, obtained summary judgment for an insurer against a plaintiff alleging automobile injury.

Obtaining a defense verdict for a tractor - trailer operator against a plaintiff alleging that the driver made an unsafe lane change resulting in a major traffic accident involving several vehicles.

A plaintiff alleging libel (written) or slander (spoken) must be able to prove the following four elements in court, according to FindLaw:

Founding partner Henry Fenton successfully defended a psychoanalyst against claims made by a plaintiff alleging the psychoanalyst violated the California...

Moreover, the plaintiff alleging unauthorized use of his likeness must show that the likeness was recognizable.

When HR did get involved, plaintiffs allege, it often made things worse.

The plaintiffs allege the ride - hailing company discriminates against people who use wheelchairs by not making available wheelchair - accessible cars in the San Francisco Bay Area.

The plaintiffs alleged that this practice was revealed to the market when another healthcare company, Tenet Healthcare, filed a suit against Community.

In Metzler v. Corinthian Colleges, Inc., the plaintiff alleged that the defendant, an operator of vocational colleges, had manipulated student enrollment data, and that plaintiff suffered losses when the company issued a press release showing lower earnings than the false data had suggested.

Plaintiffs alleged that First Solar hid these defects and their cost and scope from the market and misrepresented key data in their financial statements.

The plaintiff alleges that CTRCSD was started only to prevent children from being bussed to a nearby town because Theodore Public School closed.

The plaintiff alleged that the defendant misled consumers by claiming the product contained «No Trans Fat» on its packaging, when in fact Benecol does contain trans fat.

The plaintiffs allege that the companies aided, abetted or failed to prevent the torture, forced labour and arbitrary detention that they had suffered as child slaves.»

According to the court papers, the lawyer for the plaintiff alleges the names are «an an abuse of the respondent's discretion.»

Even so, the attorney said the phrase «make this go away» could just as likely be interpreted as direction to make amends with Cater, rather than conspiracy to deprive someone's rights, as the plaintiff alleges.

The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents.

In the court's majority opinion, Kagan described the two - part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: «First, the plaintiff must prove that «race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.»

The plaintiff alleged in his suit marked FHC / ABJ / CS / 92/2018, that Saraki was declared the winner of the election on March 28, 2017, when the results were only allegedly collated by just Ahmed and Hassan (Saraki's agent) at the district level on March 29, 2015.

The plaintiffs allege that the officers, who are supposed to protect students, have been wrongfully handcuffing, assaulting and arresting the teenagers they work with.

The plaintiffs alleged «violations of the state and federal constitution, including allegedly insufficient attention to county representation.»

The plaintiffs allege that USDA violated the federal Freedom of Information Act (FOIA) earlier this month when it removed thousands of animal welfare inspection reports and other records from a publicly accessible website.

In their complaints, the plaintiffs allege long - standing, systematic sexism by the Salk Institute.

A federal court has preliminarily approved a class action lawsuit settlement that will provide a $ 20 cash payment or 50 % - off savings voucher to consumers who purchased Procera AVH, which the Plaintiffs allege was falsely advertised as helping to improve brain function.

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.

He maintained that «plaintiffs alleging equal protection violations must prove intent and causation and not merely the existence of racial disparity,» and that «public schooling, even in the South, should be controlled by locally elected authorities acting in conjunction with parents, and that it is desirable to permit pupils to attend schools nearest their homes.»

The anti-choice plaintiffs alleged that the state constitution's mandate that the state provide a «uniform system of common schools» means that the state may only fund that system, and not an «alternative» system that includes «non-common, non-uniform private schools and home - based schooling.»

The plaintiffs alleged, and the court narrowly concurred, that the program violated a provision of the state constitution that school boards «shall have control of instruction in the public schools of their respective districts.»

In Seattle, the plaintiffs alleged that school segregation unconstitutionally reflected not only generalized societal discrimination and residential housing patterns, but also school board policies and actions that had helped to create, maintain, and aggravate racial segregation.

Represented by Los Angeles law firm Gibson, Dunn & Crutcher LLP, the plaintiffs allege teacher protections such as tenure, seniority rules in layoffs and other teacher dismissal statutes disparately keep ineffective teachers in the classroom in violation of the state constitution's equal protection clause.

Plaintiffs allege that these statutes, which impinge students» fundamental right to education and have a disproportionate impact on low - income and minority students, violate their equal protection rights under the California Constitution.

They get shuffled around, as the Vergara plaintiffs alleged in what's known as «the dance of the lemons.»

Plaintiffs alleged in their lawsuit that HB7069 took away some of the constitutional powers to make decisions about public schools and undermined local control of public schools.

Lawyers representing the plaintiffs allege that Clearwire «throttles down the speed of >>

Attorneys for the plaintiffs alleged that the price - fixing between Apple and the publishers pushed the cost on some e-books to $ 12.99 or $ 14.99 from the $ 9.99 charged by Amazon.

Plaintiff alleges and states that the private loans were not «qualified» as that term is defined by 11 U.S.C. § 523 (a)(8)(B), and that accordingly, such private loans are dischargeable in this proceedings.

Plaintiff alleges, and National Collegiate stipulates, that repayment of the Loan would cause an undue hardship on her, the parties now stipulate:

Plaintiff alleges that any private loans held by Defendant which are not «qualified educational loans» are dischargeable in this case without the need to show undue hardship.

The plaintiffs allege that because the plan sponsor imprudently and disloyally provided participants the much more expensive versions of the plan's same mutual fund options during these dates, plan participants lost more than $ 12 million of their retirement savings.

The plaintiffs allege the defendants also intentionally selected higher - fee versions of proprietary actively - managed funds to increase fee revenue, at the expense of trust participants and beneficiaries, saying they were permitted to invest in different investment vehicles which contained identical investments, but varied significantly in terms of costs.

«Plaintiffs allege that repayment of the student loan obligations would cause an undue hardship on Plaintiff Robert Hale.

The plaintiff alleges that the contract's cancellation was not made with his and the other beneficiaries» interests in mind, but rather to improve the parent / subsidiary companies» financial positions and to make them a more attractive target for potential buyers.

Plaintiffs alleged various violations of ERISA related to the cancellation of a group annuity contract.

The plaintiffs allege that they received «specific representations by individual Petland employees that their puppies either were healthy or not bred at a puppy mill.»

«Do we have the scene of death and destruction that the plaintiffs alleged or not?

Plaintiffs allege that ExxonMobil hired these troops knowing they would likely engage in massive human rights violations against the local population, and that all of the claims date from 2001, well after ExxonMobil had specific knowledge of massive human rights violations and could have changed their practices.

Plaintiffs allege big oil cοnspired to suppress knowledge.»

«The plaintiffs alleged that the oil companies were in possession of «smoking gun» documents that would prove their liability» Who said it was a «smoking gun»?