Sentences with phrase «pleaded claim asserted»

The police evidence, however, defeated it if he was driving, as his pleaded claim asserted, out of Leeds.

Not exact matches

The Manganos and Venditto have pleaded not guilty and assert they are victims of a plot by Long Island restaurateur Harendra Singh to get leniency for his own crimes by falsely claiming they engaged in a bribery - and - kickback scheme.

[Similarly pleadings would look markedly different] if the level of the initial filing fee [was] tied to the quantum of damages sought or the number of claims asserted -LSB-.]

I doubt they would attempt to assert copyright ownership over the original pleading itself and do recognize that they may have an independent claim of copyright in the database that they've compiled (and any other related summaries, keywords, indexing, etc. that they've added) to the extent that the criteria in CCH v. LSUC is met.

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

62 The authorities support the conclusion that the determination of territorial jurisdiction of a court to adjudicate a claim is, in the first instance, based on the facts asserted in the pleadings.

Jaffer asserts that, given that these causes of action were properly pleaded, the Superior Court had jurisdiction to hear the claim.

Heightened pleading would require it to identify at the outset of litigation which claims it is asserting.