Sentences with phrase «plaintiff and defendant already»

Not exact matches

The Bayelsa State governor wanted an order of interim injunction restraining the first defendant, whether by itself, servant, agents, privies or howsoever called from accepting from the second and third defendants any fresh submission of names of governorship aspirant from Bayelsa State, to change / substitute the name of the plaintiff which had already been submitted to the first defendant after the primary election of January 2011, pending the hearing and determination of the substantive suit.

«Plaintiffs have already incurred, and will foreseeably continue to incur, injuries and damages because of sea level rise caused by Defendants» conduct...

[2] The defendant already knows that the plaintiff was abused as a child; that this event caused him emotional pain; that he attempted suicide; that he sought help from the Elizabeth Fry Society; that he missed work prior to the motor vehicle accident; and that he suffers from borderline personality disorder and depression.

[2] The primary argument put forward by the Defendants is that the Plaintiff's claim is res judicata, the crucial issue having already been decided in prior regulatory and criminal proceedings.

Because their objective is to punish the defendant rather than compensate a plaintiff (whose just compensation will already have been assessed), punitive damages straddle the frontier between civil law (compensation) and criminal law (punishment).

This case provides an important re-statement of the law surrounding requests for further defence medical examinations and rebuts the common presumption of defence counsel that defendants are permitted to obtain defence medical report (s) in the same medical specialty to respond to report (s) served by the plaintiff, irrespective of what reports they have already served.

[20] On the question of probative value, the defendants already have in their possession dozens of photographs and more than ten videos which show the plaintiff's physical abilities and social activities in the years following the accident.

Plaintiffs and their attorneys may present evidence a jury has already used in a criminal case to find the defendant guilty.

I find that at the time that the defendant changed lanes on Braid from the eastbound inside lane to the curb lane, 80 feet west of the intersection of Garrett and Braid, the plaintiff had already left the stop sign on Garrett and was in the process of making a right hand turn into the eastbound curb lane on Braid.

There are already some other interesting smartphone patent cases pending at the Federal Circuit, and at the end of all those appeals, there will have been some improvements in favor of defendants but also some in favor of plaintiffs.

Fourth, the court addressed the defendants» motion to compel the plaintiff to produce her Facebook profile and various posts in native file format though she had already produced them in PDF.

In upholding Belobaba J.'s decision and dismissing the plaintiffs» application, Harvison Young J. agreed with his analysis that the two issues on motion — whether defendants are required to serve and file affidavits on a s. 138.1 motion, and the availability of Rule 39.03 summmonses in such circumstances — have already been fully adjudicated.

On the other hand, the plaintiffs have yet to obtain leave to assert a secondary market liability claim against the Underwriter Defendants and, through the proposed settlements, have already recovered half of their estimated damages ($ 10M as against the plaintiffs» estimate of $ 20M).

Having already concluded that the settlement offer was not one which ought to have reasonably been accepted, it is evident that an order requiring the plaintiff to either pay the well - funded defendants» costs, or in the alternative denying the plaintiff her costs, from September 20, 2016 onwards, would result in a pyrrhic victory and could have the effect of discouraging plaintiffs from pursuing valid claims.

Master Haberman held that since the plaintiff had already agreed to dismiss the lawsuit, and the only issue was costs, the defendants» motion for Summary Judgment to have the lawsuit dismissed was redundant and not available in the circumstances.

There's no indication in this report of any suggestion to modify perhaps the most troubling aspect of punitive damages: that the punishment imposed on the defendant takes the form of an economic windfall to a plaintiff (and plaintiff's attorneys presumably) who has, by definition, already been «made whole» by the compensatory portion of the damage award.

With at least six Florida personal injury lawyers now facing unrelated criminal charges for defrauding auto insurers and the Sunshine State already in the running for this year's # 1 ranking among the nation's Judicial Hellholes, a panel of four federal judges last week imposed nearly $ 9.2 million in sanctions on two Jacksonville - based plaintiffs» firms for their shameless pursuit of more than 1,200 «frivolous and factually baseless lawsuits» against tobacco defendants... → Read More: Two Florida Firms» Fraudulent Tobacco Claims Draw Nearly $ 9.2 Million in Sanctions

The plaintiff assembles a packet for the other spouse that includes everything already filed, plus the summons, and serves the defendant as soon as possible after leaving.