Sentences with phrase «plaintiff from»

The proposed law would require the loser in a patent lawsuit to pay the winner's legal fees, stop the plaintiff from demanding documents from the defendant until the court has interpreted the patent, and crack down on shell companies.

Prohibits a plaintiff from filing a claim for punitive damages unless the plaintiff can show evidence of willful or wanton action that would justify such a claim.

Wal - Mart had no duty to protect plaintiff from the panhandler's...

Prohibits a plaintiff from pleading punitive damages in an original complaint.

Hard - nosed bargaining, and even a refusal to settle out of an interest to dissuade a plaintiff from proceeding to trial, can now be perfectly acceptable.

Nov. 2, 2012)(unpublished decision)(granting summary judgment dismissing individual plaintiff from suit on basis of judicial estoppel but allowing bankruptcy trustee to intervene on behalf of plaintiff's creditors).

The Act does not categorically bar a plaintiff from piercing the corporate veil to hold an individual liable for unpaid wages.

The notice provisions do not function in the same way as limitation period provisions for the following reasons: (1) non-compliance with s. 736 of the LGA or its predecessors does not prevent a plaintiff from commencing or maintaining an action; (2) unlike the more objective language of s. 4 (1) of the Limitation Act, the discretionary saving provision of s. 736 (3) may or may not act as a bar to an action; and (3) the trial or appeal court must determine whether the discretionary saving provision applies based on the evidentiary record.

That's because with aggravated damages, the victim is em - powered to seek or not seek such damages; Type II errors are more likely, since the victim - vindication model doesn't purport to restrict the plaintiff from either forbearing from seek - ing punitive damages or to settle at an amount lower than what is necessary to signal to the defendant to forbear from such misconduct in the future.

In Hollywood, the rehab facility argued that that sentence precluded plaintiff from bringing his negligence claim against it as it was not the supplier of the drugs that caused his injury.

The jury may also consider whether there was a repetition of the libel, conduct that was calculated to deter the plaintiff from proceeding with the libel action, a prolonged and hostile cross ‑ examination of the plaintiff or a plea of justification which the defendant knew was bound to fail.

As such the University is entitled to decide who is allowed to remain on the premises,»» observed the judge, who further agreed that it was the university's right to bar the plaintiff from the campus.

Applying New Mexico law, the Court determined that this case was not an «exceptional circumstance» where medical causation is within common experience or the knowledge of the average person, and they granted the defendants» motion, preventing the plaintiff from getting her case to a jury.

We confess we haven't seen that much, indeed ever, before in prescription medical product liability litigation, but anything that keeps a plaintiff from relitigating something they've already lost finds favor here.

According to the complaint, the injury prevented the plaintiff from serving in the military, caused her to endure medical expenses, pain and suffering, among other things.

This decision invoked «forum public policy» to apply West Virginia's rejection of the learned intermediary rule to a forum shopping plaintiff from Alabama — a staunch learned intermediary state.

A Norfolk Circuit Court grants defendant restaurant owner's motion in limine to bar plaintiff from making any argument or implication that by serving «free drinks» to a co-defendant and his group, the movant violated Va..

The Court held that the clear non-reliance language prevented plaintiff from establishing justifiable reliance on any oral statements made by Company 1 to induce plaintiff to sign the offer letter or on Company 2 statements before signing the employment agreement.

The economic loss doctrine bars a plaintiff from recovering certain money damages under a tort theory (e.g. negligence, products liability, property damage, etc.) where a contract defines his relationship with a defendant.

It could be seen as a tactic discouraging the plaintiff from gathering evidence to substantiate her claim in the first place.

The District Court ruled by summary judgment that SCA's suit was barred by laches (an equitable doctrine that prevents the plaintiff from unreasonably delaying in bringing an action), a decision that was affirmed by the US Court of Appeals for the Federal Circuit.

Moreover, the SCC endorsed the perspective that ``... while there is a prima facie presumption of inadmissibility, exceptions will be found when the justice of the case requires it».7 The SCC stated that «countervailing interests» have been found to include allegations of misrepresentation, preventing a plaintiff from being overcompensated, as well as fraud or undue influence.8

The Court based its decision on the fact that the employer's offer to the plaintiff to return to work did not provide for her to «made whole» because the employer did not offer to pay the plaintiff from the date of her dismissal to the date she was to resume her employment (a period of approximately one month).

Assumption of the risk stops a plaintiff from recovering damages for negligence when it's shown he chose actions with full knowledge of the danger and without coercion.

In Munoz v. Sierra Systems Group Inc. 19 the trial judge increased the notice period because the defendant had placed a non-solicitation clause that restricted the plaintiff from soliciting the clients of the defendant for the 6 months after the termination of his employment.

The Court also took into consideration that there would be a loss of pensionable benefits for the Plaintiff from the age of 60 to the age of 65.

[90] I do conclude, however, this chronic back pain is only mild in nature, in the nature of a nagging back pain that does not disable the plaintiff from pursuing his soccer at the highest level or his golf or any other sports that he used to enjoy, and does not prevent him from working full time at the business in a more supervisory role.

Similarly, if the injury occurred on public land, there may be the issue of official immunity that could act to prevent a plaintiff from recovery.

The defendant's partner represented the plaintiff from June 1995 through March, 1996 when he left the law firm.

The plaintiff in a wrongful death case that had been filed after the death of her husband received some good news last month when an appellate court affirmed a district court's ruling not to bar the plaintiff from introducing certain evidence at trial.

The judge then prevented the plaintiff from using the citation itself to impeach, or discredit, the defendant.

The Plaintiff further argued that the Ontario Court should assume jurisdiction based on the «forum of necessity» exception — i.e. because the expiry of the two year limitation period in Alberta prevented the Plaintiff from suing in the other forum, Alberta.

-LSB--RSB- It is plain that the legislative intention is to prevent double recovery, that is, to prevent a plaintiff from recovering the same amount of monies both by way of the defendant through a tort action and by way of no - fault insurance coverage.

Any employment income that was earned by the plaintiff from other sources during the reasonable notice period will then be deducted.

First, comment (a) to Restatement (Second) of Torts 402A expressly sets forth the conclusion that the unavailability of a strict liability claim in any case does not preclude the plaintiff from pursuing a claim in negligence.

This considers whether destruction of the documents seized would prevent the plaintiff from proving part of its case.

The availability of either of these defenses may bar a plaintiff from recovery or reduce the amount of damages awarded.

The defendants moved for summary judgment, arguing that the assumption of risk defense applied and therefore precluded the plaintiff from recovering damages for negligence.

A conclusion by the panel that the evidence does not support a finding of medical malpractice does not bar the plaintiff from filing a civil suit.

The appellate court, not reaching this issue, affirmed the dismissal finding the judicial estoppel doctrine barred plaintiff from asserting an inconsistent position in a subsequent proceeding... Click here for full article.

Obtained a summary judgment and dismissal in favor of a church because the plaintiff failed to show that the church owed a duty to protect the plaintiff from injury, and the plaintiff failed to proffer sufficient evidence supporting respondeat superior liability.

There is no law barring the plaintiff from receiving damages, and the court simply deducts the percentage of blame placed on the defendant from the total amount given to the injured person.

Extracted a plaintiff from a case on an adverse summary judgment, at hearing, on a without costs basis.

Instead, they gave oxygen and turned the plaintiff from side to side.

The Court found that the two - week suspension, apology, promise to protect the plaintiff from any harassment, and retraining on sexual harassment issues were sufficient for the company to meets its legal burden to resolve the problematic work environment.

[22] Decisions in similar cases presented by counsel suggest a range for the non-pecuniary damages suffered by the plaintiff from $ 55,000 to $ 100,000.

to allow for an order prohibiting the plaintiff from commencing future legal proceedings without leave of the court (Quebec's Bill's 9, s. 54.5);

In most cases, the defendant's ability to anticipate the injury or its severity does not prevent the plaintiff from being fully compensated for the damages incurred.

In some states, contributory fault rules prevent the plaintiff from collecting damages if they're responsible for any part of the accident.

Doctors permanently restricted the plaintiff from lifting more than 20 pounds, which means he can no longer work in his previous profession.