Sentences with phrase «plaintiff claimed litigation»

Not exact matches

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

Notably, in In re BP PLC Securities Litigation, Pomerantz currently represents nearly three dozen institutional plaintiffs, including U.S. public and private pension funds, U.S. limited partnerships and ERISA trusts, and pension funds from Canada, the U.K., France, the Netherlands, and Australia for claims arising from the disastrous April 2010 Deepwater Horizon oil spill.

The lead counsel for the 1,000 plaintiffs in the new round of Love Canal litigation has asked state Supreme Court Justice Richard Kloch Sr. to remove himself from the case, claiming he showed bias in remarks about past Love Canal cases in a newspaper article written by Kloch's daughter, and seemed to act a little too favorably to the local attorney for Occidental Chemical Co. during a past court session.

«However, at this stage of the litigation, accepting plaintiffs» allegations as true, plaintiffs have, albeit barely, stated a plausible equal protection claim against defendant Antonacci.»

The district court held that the claims were time barred and, alternatively, that the fund board's refusal to pursue plaintiffs» litigation demand was protected by the business judgment rule.

The post likens the Katrina plaintiffs» claims, which set out a chain of causation, to the litigation equivalent of «Six Degrees of Kevin Bacon.»

Thanks to no - fault insurance in Ontario and the insurance lobby push to limit recovery for whiplash, automobile litigation has become much more complex and there are a number of plaintiff - focused boutiques that have arisen, specializing in things such as catastrophic claims.

White, plaintiff in the litigation, claimed that the company's retaliation for a complaint of sexual harassment consisted of being moved to another job position, in the same classification that required more physical labor and a 37 day suspension without pay for insubordination that was changed to a paid suspension.

It is widely anticipated that the number of class actions brought around the world will continue to grow, driven by the globalisation of litigation funders and the increasing appetite from funders and plaintiff law firms to develop new claims outside shareholder class actions.

WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and WHEREAS, limiting multiple punitive damages awards...

Target Faculty and Delegates: Plaintiff & defense side class action attorneys, economic advisors and experts, litigation financiers, claims administrators, active judges, academics, government counsel, Fortune 500 corporate counsel, insurance companies, and key media contacts.

If no such agreement can be obtained, the Plaintiff may nonetheless want to negotiate a «cash out» of his accident benefits claim because of the uncertainty of the tort litigation, and particularly when there exists a serious liability issue or if it is unclear whether the Plaintiff's claim crosses the «threshold».

[20] The infant plaintiff will not lose his claim but an alternate litigation guardian will have to be found.

In future class action claims against nationwide corporate defendants, it appears that the U.S. Supreme Court is generally requiring piecemeal litigation in each state where a plaintiff was injured, instead of allowing for a single consolidated class action in a single state court lawsuit.

The most common reasons include: The amount of damages that the plaintiff will recover are not enough to justify the cost of pursuing the claim, especially if litigation is necessary; whether or not the healthcare professional breached the standard of care owed to the plaintiff is questionable, and there are strong defenses to this allegation; or / and causation is unclear, and the defense has a strong argument against a plaintiff's claim of causation.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

At Deans & Lyons, LLP, our Dallas dangerous medical devices lawyers represent plaintiffs and defendants in injury claims litigation, and we always ensure that we never have a conflict of interest in any case.

Prior to joining Conroy Simberg, Melissa represented plaintiffs in personal injury claims managing litigation involving premises liability, medical malpractice, nursing home negligence, and wrongful death actions from inception through trial.

Whatever became of the Sept. 11 plaintiffs who opted for litigation rather than file claims through the federal compensation fund?

Craig joined Conroy Simberg after working at a Plaintiff's civil litigation firm in Broward County, where he worked on a broad spectrum of personal injury claims, wrongful death, and contract law.

In plaintiff litigation claims, we see the following kinds of inadequate investigation claims:

In litigation, plaintiffs have claimed that formaldehyde is associated with nasal sinus cancer, nasopharyngeal cancer, and on occasion, leukemia.

The firm provides full services in the areas of general practice including, but not limited to, civil litigation, plaintiff negligence claims, worker's compensation, social security disability, criminal defense, domestic relations, divorce, custody, real estate, corporate and business transactions, wills, estate planning and estate settlement, bankruptcy, business collections, municipal law, zoning and claims against the government.

It is an unfortunate reality for plaintiffs with legitimate claims that the unreimbursed costs of the litigation may well exceed both the damages and a partial indemnity costs award.

Since litigation is expensive (over a half a million was claimed by plaintiff's side in the below case), courts would not penalize a business for being overly - cautious.

Kennedy found that the investors had not relied on the third parties» actions, and further, wrote that expanding causes of action in securities litigation would damage the economy and «would allow plaintiffs with weak claims to extort settlements from innocent companies.»

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

On the other hand, defendants in a civil litigation matter want to aggressively protect their rights in opposing the plaintiff's claim.

There, he was exposed to complex commercial and real estate litigation, consumer claims and high - profile class action lawsuits involving millions of plaintiffs.

This group handles single plaintiff and mass tort litigation, complex multidistrict litigation, and class - action claims.

He is familiar with single plaintiff litigation, derivative claims, class actions and other complex litigation.

Upon completion of her undergraduate studies, Yumeko worked for eight years as a medical malpractice paralegal for a prominent Plaintiff's law firm in Tallahassee, Florida, where she provided litigation support in the areas of personal injury, nursing home negligence and medical malpractice claims.

An experienced Maryland injury lawyer could have informed the plaintiffs that they only had 180 days to file a notice in order to preserve their claim and could have helped them plan an effective litigation strategy.

The Los Angeles - based Law Offices of Lisa L. Maki is a nationally recognized litigation firm with Los Angeles employment attorneys focused on offering confidential legal guidance and dedicated representation in plaintiff, complex business and personal injury litigation, employment law, class action, wage and hour, discrimination and harassment, and unfair business practices claims.

Drafted motion for summary judgment for manufacturer in asbestos litigation that resulted in voluntary dismissal of the plaintiffs» claims against the manufacturer.

The issue in the case on appeal was whether the plaintiff's medical negligence claim against Dr. Sweet, an expert witness, retained by plaintiff's adversary in the pending litigation, owed a legal duty to the plaintiff.

Summary judgment for defendant in personal injury litigation involving plaintiff who allegedly fell into open hole dug by defendant and claimed defendant was negligent in failing to barricade and warn of hole; trial court agreed that defendant did not owe plaintiff a duty.

[1] Formally, this motion involves a request by one defendant, Mima Markicevic, for an order discharging a certificate of pending litigation which I previously had ordered against her Vaughan Residence, on the provision of alternate security for the proprietary claim of the plaintiff, York University.

Our lawyers represent both plaintiffs and defendants in business litigation and claims involving severe personal injury.

Despite decades of litigation and bankruptcies of numerous manufacturers, plaintiff attorneys continue to bring claims of asbestos exposure against an ever - expanding list of companies.

The firm represents domestic and international corporations and high net worth individuals in commercial litigation cases involving commercial real estate and construction litigation, lender liability, commercial real estate foreclosures, shareholder and partnership disputes, litigation involving fine art, and professional liability claims for both plaintiffs and defendants.

The Court of Appeal applied language from its earlier decision of Markel Insurance Co. of Canada v. ING Insurance Co. of Canada and held that by November 1, 2007, the plaintiff had a «fully ripened claim» and that was the «appropriate» time to commence litigation.

Represent Plaintiffs in Medical Malpractice Claims, Achieving Successful Outcomes and Overcoming Obstacles in Malpractice Litigation, Aspatore, 2012

Knowing that plaintiff's attorneys will bring superficial, non-meritorious claims, we also stand ready to defend against such litigation abuse.

In Bailey v. Brookdale University Hospital, a single - plaintiff employment litigation, Mr. Bailey claimed he should not have to bear the burdensome cost of production despite a negotiated, executed, and ordered ESI agreement between the parties.

Med Legal Consulting provides medical claims and litigation expertise and project management to plaintiff and defense attorneys, insurance companies, corporations and the government.

He was called to the bar in 1963 and for the next 20 years had a litigation practice that included insurance defence, plaintiff's injury claims, municipal law and general commercial litigation.

Most of our lawyers focus their practices on different areas of plaintiff personal injury law, including cases related to car accidents, falls & other injury claims, insurance & disability disputes and sexual assault litigation.

If obtained early in the litigation process, surveillance can benefit both defendants and plaintiffs, as it has the potential to reveal exaggerated claims, but also to concretize plaintiffs» allegations.

In a striking example of how complex brain injury litigation can be, lengthy reasons for judgment were released today dismissing a Plaintiff's claim that 2 accidents caused / contributed to a Mild Traumatic Brain Injury (MTBI).