Sentences with phrase «potential party to the case»

Not exact matches

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

The ruling applied to all participants in the case, including the parties, potential witnesses and attorneys.

The Post's Spencer Hsu: «The federal judge overseeing the criminal trial of former Trump campaign chairman Paul Manafort and business partner Rick Gates imposed a gag order in the case Wednesday, ordering all parties, including potential witnesses, not to make statements that might prejudice jurors.

The federal judge overseeing the criminal trial of former Trump campaign chairman Paul Manafort and business partner Rick Gates imposed a gag order in the case Wednesday, ordering all parties, including potential witnesses, not to make statements that might prejudice jurors.

That's actually more of a threat in Arcuri's case, where the WFP has actually had discussions with a potential challenger, Les Roberts, who dropped out of the 2006 primary to clear the field for Arcuri and improve the party's chances of winning a long - held GOP seat.

This was done to eliminate the potential of a collateral damage to his chances to the highest office of the land, in case of a possible slip of tongue in indecent language inJohn's submissions on behalf of the party in his conversation with the media and opponents of the Pparty in his conversation with the media and opponents of the PartyParty.

Party state Director Bill Lipton Wednesday called on the GOP - controlled Senate to pass the bill, which would start the clock ticking on potential medical malpractice cases when an error is discovered, not when it occurred, as required under current law.

Derivatives also involve the risk, in the case of many over-the-counter instruments, of the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

The use of derivatives may increase these risks by increasing investment exposure (which may be considered leverage) or, in the case of over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and the potential failure of the other party to the instrument to meet its obligations.

Our use of derivatives may increase the risks of investing in the fund by increasing investment exposure (which may be considered leverage) or, in the case of many over-the-counter instruments, because of the potential inability to terminate or sell derivatives positions and failure of the other party to the instrument to meet its obligations.

Stage 1 of the OC presents the greatest potential for disputes to be contained and prevented from crystallising into actual claims, and also has the potential to assist the parties to explore ADR processes and providers, thereby limiting those cases which reach the later OC stages.

Since tort damages are recoverable, the courts have attempted to carefully define the range of potential defendants in interference cases to ensure that the liability of the contracting parties is limited to damages available for breach of contract.

Ultimately, the court concluded that Walmart's «failure to educate» itself regarding a third party's rental display gave rise to a potential theory of liability, and the plaintiff's case should proceed toward trial.

Don's pragmatic and thorough approach allows him to anticipate the opposing party's potential strategies and provide his client with a fair and reasonable assessment of the case.

Irrespective of the nature of the accident or injuries, it is important that a knowledgeable New Jersey workers compensation lawyer undertake a thorough review of the facts to properly develop a total disability case and to assess whether there is any potential for a third party claim.

To find those parties and cases, the DCBA called on its existing administrative processes for filtering potential cases to identify those that were appropriate for ODTo find those parties and cases, the DCBA called on its existing administrative processes for filtering potential cases to identify those that were appropriate for ODto identify those that were appropriate for ODR.

This can create momentously important issues when spouses who are parties to a non-Australian prenuptial or post-nuptial agreement relocate to Australia or if one spouse is of Australian nationality or there exists another basis for the Family Court of Australia to have jurisdiction over a potential divorce case.

Our investigative team will open an investigation into your case to determine all potential sources of fault, and file claims against all liable parties.

This has potential adverse consequences both in individual cases, where parties are unfamiliar with court procedures and do not have a lawyer to argue their case or examine the witnesses, and for the justice system overall, since the presence of lawyers is a major contributing factor to the efficient and effective operation of our courts.

The judge in this case, Mrs Justice Whipple, was tasked with determining, first, which party was to be considered «the winner» in this matter, and second, any potential offsets to the awarding of costs for the winning party.

We evaluate every case for a potential product defect or act of negligence to bring all responsible parties to justice and obtain the maximum recovery possible for our clients.

The Board's potential use of rulemaking here is quite an interesting reaction to the extensive political pressure placed by lawmakers on the Board's members to recuse themselves from cases involving parties currently or formerly represented by their prior firms.

There are several ways that employers can be pro-active to reduce the risk of potential cases of sexual harassment at a holiday party.

Epstein, and other panelists who work in the labour and commercial fields, said the challenge is to balance the parties» expectations that the mediator will give them a full and frank assessment of the dispute, including the merits of their positions and the potential outcome if they do not settle, against the risk that comments on the merits of the case will be seen as pre-judging it.

I currently see four or five cases (need to do some more research one of these days) to which Apple is a party that have the potential to go all the way up to the SCOTUS because of the issues.

Given the keen interest of the diverse parties following this litigation closely, and the potential learning value of this case to a broad audience beyond, this case presents an ideal instance in which judicial discretion should be exercised under the auspices of the rule to admit Internet to the courtroom.

Two lessons are learned in this case: (1) the winning party must demonstrate that the losing party would have recovered under the contractual fee clauses vis - à - vis winning party in order to be entitled to a potential fee recovery; and (2) a writ of mandate is the exclusive mechanism to obtain review of a lis pendens expungement or associated fee award, rather than an appeal.

This process of information sharing and synthesis provides the parties with an opportunity to formulate a more complete view of the conflict and gain enhanced insight into the relative strengths and weaknesses of their case, weigh the chances of success at trial and explore the potential ingredients needed to fashion a fair and reasonable negotiated outcome.

Despite expressing his concern that there was «a significant potential» that the litigation was being conducted in a «disproportionate» manner, and that it may be the case that, in making an order, the parties might exhaust all of the resources available to them, Moylan J felt that the factor that warranted the most weight, when deciding whether to exercise the discretionary power to make an order, was the obligation, so far as practicable, «to ensure or to seek to ensure that the parties [were] on an equal footing».

It is not in the child's best interest to be exposed to a real conflict between a custodial parent and a third party (however the court should be aware of cases where parents may be arguing there is a conflict or potential conflict to beat an access application that has merit).

These fears derive from some of the early U.S. cases in which parties came to court complaining of potential costs in the millions (for restoring all backup tape sets or searching through all data on a network) and those cases, having been reported, are clearly going to discourage any party from confidently moving forward with an ediscovery plan in hand.

As the court said: «The expensive costs of the detailed assessment procedure are reduced and the case is dealt with justly and with both parties knowing from an early stage what their potential costs liability is, absent good reason to depart from the budget.»

And what about potential conflicts involving parties to other cases the funder may be involved with?

To completely prohibit potential new means of providing legal services on the grounds of that self ownership is the way we've always done it and it sounds scary to allow third parties, and the third parties might result in new services that are less than perfect in some cases... seems to be a bit of a disservice to those with legal needs not currently being met by the legal markeTo completely prohibit potential new means of providing legal services on the grounds of that self ownership is the way we've always done it and it sounds scary to allow third parties, and the third parties might result in new services that are less than perfect in some cases... seems to be a bit of a disservice to those with legal needs not currently being met by the legal marketo allow third parties, and the third parties might result in new services that are less than perfect in some cases... seems to be a bit of a disservice to those with legal needs not currently being met by the legal marketo be a bit of a disservice to those with legal needs not currently being met by the legal marketo those with legal needs not currently being met by the legal market.

It is important and instructive to note the court's reference to «potential» expert witnesses; it seems to me that Kloegman J. was concerned with protecting litigation privilege during the evidence - gathering phase, so that the party assembling his or her case is free to do so without the requirement of disclosing experts (or, I conclude, directions) that may prove fruitless and avoid adverse inferences.

3 governing case planning conferences that clearly, expressly, and specifically allows the presider to compel a party to provide another party with the details of any potential expert witnesses before that party has even consulted with the expert or made an election whether to call the witnesses» evidence at trial.

When this case was before the Federal Circuit, we filed an amicus brief explaining that allowing divided infringement was contrary to the Patent Act and would create a new category of potential defendants: third - party users, consumers, and customers, i.e., a group that is likely to lack knowledge of the patent laws and the resources to mount a defense.

Collaborative professionals feel that the clear expectation of potential transfer to new attorneys if the case is unresolved through collaborative practice has the inherent effect of creating incentive to work on resolution through collaborative practice for all parties and professionals involved.

The knowledge that the Collaborative attorneys can not bring the case in front of a judge further permits the parties to speak openly about potential settlement options (and frees attorneys from conducting exhaustive, costly opposition research).

So far from these topics being off - limits, any MHP seeking appointment in a court case needs to fully inform the parties prior to their consent [123], of information about the following kinds of potentials for bias and agenda: whether the MHP has been married or divorced, and how many times, and under what kinds of circumstances, and how the MHP currently feels about those events; whether, if divorced, the MHP went through litigation over custody or property, and such details as whether the MHP had problems paying or receiving child support, as well as the custody arrangements of the MHP's own children and how these worked out and everyone's feelings about them; the MHP's own personal experience taking care of and spending time with children, within and without the scope of «parenting», and with regard to parenting, whether that was parenting as a primary caregiver, married or single parent, with or without household and third party help, or as a working parent or stay - home parent, and for how many children, and for how long, and the outcomes from all of that; i.e. how much time has this person actually spent caring for children on his or her own, and how well did this person's own family systems function, and is this person in fact an «expert» in creating a functioning family and raising happy, healthy, successful children with good outcomes, nay «best» outcomes, thoroughly well - adjusted and having reached the very pinnacles of their innate potential.

In Ontario, parallel parenting has been ordered since Kaplanis in high conflict cases where both parties are capable parents and should have an active role in the upbringing of their child or children, and where there is potential for one parent to abuse an order for sole custody.

However, in some cases, they may find themselves in a sufficiently «proximate» position to attract potential liability for economic damages suffered by a third party — even without any direct contractual relationship with that third party.

Like the criminal offences under the Act, reviewable matters are also investigated by the Bureau, may result in proceedings initiated by the Bureau or private parties in certain cases with leave from the Competition Tribunal, are generally heard before the Competition Tribunal (and in some cases in provincial or Federal Court) and are subject to a variety of potential remedial orders or monetary penalties.