Opt - out regimes are generally considered to be more plaintiff - friendly, in that they involve larger classes and thus larger
potential claims against defendants.
Not exact matches
No, there is no obligation in the law to pursue all
potential defendants in order to sustain a
claim against any one, or few, of them.
One of my favorites in this area, which I still remember doing a double - take over when I saw it for the first time when I was practicing law, is the release form that releases all
claims against a
potential defendant «from the beginning of time» until the date of the agreement.
There are some situations wherein the language could prohibit any and all future
claims against other
potential defendants — and that may not be a scenario you want, depending on the circumstances.
Her voluntary retirement worked to the benefit of the
defendant in that any
potential ongoing wage loss from these flare - ups would not be
claimed against him.
«Hour long depositions of unserved
potential defendants regarding whether they used the infringing devices, questions speaking directly to the merits of Plaintiff's
claim, not only lack specificity but weigh
against the
potential defendants» expectation of privacy.
If the damages caused in the accident are above and beyond the limits of the blanket fleet policy, your personal injury lawyer may be able to pursue a
claim against other
potential defendants.
(ii) a declaration that, on the filing date, the
potential defendant is not aware of any proceeding by the litigation guardian
against the
potential defendant in respect of the
claim; and
It would also remove some of the
potential obstacles presented to
defendants by the multiple publication rule, such as the possibility of having to mount a defence
against an old
claim,» it said.
«Moreover, any notion of judicial economy would be destroyed if each
potential class member were required to proceed individually
against the
defendants and prove the same negligence and consumer protection
claims,» she wrote.