Sentences with phrase «plaintiffs in these cases seek»

The Plaintiff in this case sought to collect permanent partial disability benefits under the Maryland Workers» Compensation Act on behalf of his wife, who died of causes unrelated to her work injury.

Not exact matches

In a federal trademark infringement case, for instance, a plaintiff seeking a quick injunction would encounter at the threshold the high hurdle of showing «irreparable harm» — a standard that won't be met if money damages will provide the plaintiff with adequate recompense for any damages incurred — and it might also have to post an expensive bond (a major hurdle for a nonprofit).

«The Fair Labor Standards Act provides employees the ability to join forces in a «collective action» and seek justice from large corporations that they could not afford to bring on their own,» said David Lichter, a co-founder and partner of Higer Lichter & Givner, one of the law firms representing plaintiffs in this case.

At pages 44 - 45, he said: ``... I fully agree with the decision reached in this case that the plaintiffs» action be dismissed in so far as it seeks an order to compel the 1st defendant to compile a fresh voters» register or to use the validation process to clean the existing register.»

In a suit filed Wednesday night, the plaintiffs are seeking a declaration that the law is unconstitutional and an injunction prohibiting enforcement of the provisions by the attorney's general's office and the Joint Commission on Public Ethics, which are the defendants in the casIn a suit filed Wednesday night, the plaintiffs are seeking a declaration that the law is unconstitutional and an injunction prohibiting enforcement of the provisions by the attorney's general's office and the Joint Commission on Public Ethics, which are the defendants in the casin the case.

As Mayor of Stamford Malloy was even one of the original plaintiffs in the critically important CCJEF v. Rell court case, a lawsuit that seeks to throw out the unfair and unconstitutional school funding formula and replace it with one that meets the requirements of Connecticut's Constitution and would be better for Connecticut's schools and taxpayers.

One seeks to dismiss the case because it is either moot or not yet ripe for trial, and for a second time since the case was filed, also seeks to remove the Connecticut Coalition for Justice in Education Funding as a plaintiff.

Preschool, small class size and counselors are among the educational resources the plaintiffs in Connecticut's pending school funding case, CCJEF v. Rell, seek for Connecticut's most disadvantaged children.

The plaintiffs, once again as they are in some of these other climate change cases are seeking some pretty sweeping, both declarations of their rights under the Constitution and how those rights are being infringed by both what the state of Alaska is doing and not doing, but they're also asking for a science - based plan of attack or a plan of how to deal with climate change through reducing greenhouse gas emissions based on what the science requires and that's something on the order of eight percent per year reduction in emissions plus an accounting of the emissions that the state is responsible for, and how fast they're being reduced.

Carter was the plaintiff's «expert witness» in the case that sought to prevent Al Gore's video being distributed to UK schools.

Philip Morris sought to have the case dismissed in the District Court on the grounds that a tort plaintiff must be able to prove an existing physical injury in order to recover damages.That was the question the federal court asked the SJC to decide.

In King County Superior Court, a case had to be stayed while a party sought new counsel after their attorney acknowledged that he falsified a memo and emails before turning them over to plaintiffs in a nationwide class - action lawsuit.7 Similarly, this spring, U.S. District Court Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&raquIn King County Superior Court, a case had to be stayed while a party sought new counsel after their attorney acknowledged that he falsified a memo and emails before turning them over to plaintiffs in a nationwide class - action lawsuit.7 Similarly, this spring, U.S. District Court Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&raquin a nationwide class - action lawsuit.7 Similarly, this spring, U.S. District Court Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&raquin a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.&raquin an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.»

Any plaintiff seeking to enforce a method claim should consider these issues early in the case, including the extent to which problems can be avoided through claim construction.

In a personal injury case, the injured individual (the plaintiff) will seek to recover damages in the form of financial compensation from the individual (the defendant), who caused the injurIn a personal injury case, the injured individual (the plaintiff) will seek to recover damages in the form of financial compensation from the individual (the defendant), who caused the injurin the form of financial compensation from the individual (the defendant), who caused the injury.

Acknowledging the issues were novel, the motions judge in SC v. NS concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.

California Civil Code Section 3294 allows a plaintiff in a personal injury case to seek punitive damages when «the defendant has been guilty of oppression, fraud, or malice.»

[57] The information sought by the defence in this case may have significant probative value in relation to the plaintiff's past and future wage loss, and the value of production is not outweighed by competing interests such as confidentiality and the time and expense required for the party to produce the documents.

The B.C. case had its roots in a 2005 accident, after which the plaintiff sued the other driver for negligence, seeking damages for non-pecuniary loss and past income loss.

He also successfully represented the Hertz Corporation and Hertz Equipment Rental Corporation in a lawsuit seeking to enforce the post-employment restrictions of its former employees, a case resulting in a six - figure settlement in favor of the plaintiff companies (Hertz Corp. and Hertz Equipment Rental Corp. v. Mummendey, Ercolano and Ahern Equipment Rental Corp..)

Because these orders are almost always sought without notice to the defendant, a plaintiff is required to make «full and frank disclosure» to the court, including the weaknesses in the plaintiff's case.

In this case, the plaintiffs, joined by the Puerto Rican government, were seeking a declaration that they had the right to elect a member of the House of Representatives.

Wired GC sees no problem with representing business plaintiffs in commercial disputes, but he wonders whether other GCs might take issue with firms representing plaintiffs in mass tort cases and seeking punitive damages.

The injunction sought here also effectively prevented the defendants from transferring the allegedly defamatory material to another server or domain, a broader approach than what has historically been used in online defamation cases, but one which arguably better protects the plaintiff's rights.

At trial, the plaintiff sought pay in lieu of common law «reasonable notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without notice in case of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice under the ESA.

Plaintiff in that case is seeking $ 50,000 in damages on behalf of the estate of one of those residents, who is now deceased.

The plaintiff in a personal injury case typically seeks monetary compensation from the defendant for the injuries he or she endured.

In this case, the Court found that the plaintiffs did not allege anything needed to seek punitive damages until they prepared the final pretrial order.

Finally, Massachusetts allows a plaintiff to seek punitive damages in wrongful death cases when gross negligence of the driver is proven.

In some cases, the Defendant to an action seeks to indirectly inquire into a Plaintiff's immigration status.

In the Ontario Court of Appeal case of Dimopoulos v Mustafa, 2016 ONSC 4119, the plaintiff argued that the defendant insurer had not meaningfully participated in the mediation and sought an Order imposing a cost penalty on the insureIn the Ontario Court of Appeal case of Dimopoulos v Mustafa, 2016 ONSC 4119, the plaintiff argued that the defendant insurer had not meaningfully participated in the mediation and sought an Order imposing a cost penalty on the insurein the mediation and sought an Order imposing a cost penalty on the insurer.

And as Quimby bears out, when discovery doesn't pay, the party seeking it (in this case the plaintiff) just might pay instead.

In motor vehicle personal injury or wrongful death cases where the responsible driver was allegedly intoxicated, the injured plaintiff may want to consider seeking an award of punitive...

In addition to lectures to licensed lawyers seeking to further their legal skills, Annes has also co-authored several publications including the chapter «Initial Client Contact» in the book Medical Malpractice, published by Illinois Institute of Continuing Legal Education and the chapter «Physical Injuries: Plaintiff's Perspective» in the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal EducatioIn addition to lectures to licensed lawyers seeking to further their legal skills, Annes has also co-authored several publications including the chapter «Initial Client Contact» in the book Medical Malpractice, published by Illinois Institute of Continuing Legal Education and the chapter «Physical Injuries: Plaintiff's Perspective» in the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatioin the book Medical Malpractice, published by Illinois Institute of Continuing Legal Education and the chapter «Physical Injuries: Plaintiff's Perspective» in the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatioin the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatioin Personal Injury Cases, also published by Illinois Institute of Continuing Legal Education.

The cases that must go to trial are often self - evident, whether from the severity of the consequences of a plea, or the facts of the case.In civil litigation, on the other hand, one of the greatest reasons I have found clients, defendants and plaintiffs alike, seek early resolution, is because in many cases, the legal fees are a significant percentage of the stakes of the case.

In the case before Myers, one of the defendants had succeeded in having the plaintiff's claim against him dismissed and sought payment of his legal costs on the dismissal motioIn the case before Myers, one of the defendants had succeeded in having the plaintiff's claim against him dismissed and sought payment of his legal costs on the dismissal motioin having the plaintiff's claim against him dismissed and sought payment of his legal costs on the dismissal motion.

Whether by defeating class certification, winning dispositive motions, or pursuing discovery strategies that reveal weaknesses in the plaintiff's case, we seek cost - effective, business - focused solutions.

In the same way that plaintiffs are permitted to try their cases at the common issue trial stage with reference to expert opinion establishing a common causal link where there is some basis in fact to do so, it appears that defendants who seek contribution and indemnity from third parties will be entitled to the same procedural courtesy without recourse to individual prooIn the same way that plaintiffs are permitted to try their cases at the common issue trial stage with reference to expert opinion establishing a common causal link where there is some basis in fact to do so, it appears that defendants who seek contribution and indemnity from third parties will be entitled to the same procedural courtesy without recourse to individual prooin fact to do so, it appears that defendants who seek contribution and indemnity from third parties will be entitled to the same procedural courtesy without recourse to individual proof.

In today's case (Cambie Surgeries Corporation v. British Columbia) the Plaintiffs sought to tender their responding expert reports after the Defendant tendered their expert reports.

Except in cases affecting the personal status of the plaintiff, and cases in which that mode of service may be considered to have been assented to in advance, as hereinafter mentioned, the substituted service of process by publication, allowed by the law of Oregon and by similar laws in other States, where actions are brought against non-residents, is effectual only where, in connection with process against the person for commencing the action, property in the State is brought under the control of the court, and subjected to its disposition by process adapted to that purpose, or where the judgment is sought as a means of reaching such property or affecting some interest therein; in other words, where the action is in the nature of a proceeding in rem.

In the exercise of case management powers, the burden on a defendant who seeks a stay where a plaintiff has founded jurisdiction in this country as of right is particularly significant where the jurisdiction of the English court is founded on a contractual provisioIn the exercise of case management powers, the burden on a defendant who seeks a stay where a plaintiff has founded jurisdiction in this country as of right is particularly significant where the jurisdiction of the English court is founded on a contractual provisioin this country as of right is particularly significant where the jurisdiction of the English court is founded on a contractual provision.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

After non-jury trial in Latimer County, Oklahoma, obtained judgment for oil company in case in which plaintiff sought cancellation of an oil and gas lease for failure to pay delay rentals.

The plaintiff successfully sought judicial review of this grade before the Court of Queen's Bench in the case of Al - Bakkal v. de Vries, 2003 MBQB 198.

There are a number of different types of damages that plaintiffs in injury cases may seek, including economic damages.

After non-jury trial in Caddo County, Oklahoma, obtained judgment for an oil company in case in which plaintiff sought cancellation of an oil and gas lease for cessation of production.

In support of her case the Plaintiff sought to have a neuropsychologist give opinion evidence with respect to the cognitive and behavioural sequelae of brain injuries and also with respect to whether the Plaintiff suffered from organic tissue to her brain.

Earlier this year, an appellate court in Iowa issued a written opinion in a medical malpractice case discussing the interesting topic of whether a plaintiff should be permitted to bring a medical malpractice case seeking compensation for the wrongful birth of a child.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

Appreciating this, can a Plaintiff simply defeat a Defence application to put a case into Rule 68 by claiming he will seek more than $ 100,000 in total damages at trial?

In the case at bar, counsel for the Plaintiff sought to recover the cost of premiums for an adverse costs insurance policy purchased by the Plaintiff to insure against the Plaintiffs» own disbursements, as well as the Defendant's costs and disbursements.