Sentences with word «prejudgment»

When addressing the issue of pre-judgment interest on general damages the trial judge did not decide whether the amendment in s. 258.3 (8.1) which reduced the rate of prejudgment interest for pain and suffering from five percent applied retrospectively.

First, the Court of Appeal reasoned that since the Courts of Justice Act gives the court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest rate.

Homosexual Christians are sisters and brothers of all other Christians, earnestly seeking the church's full acceptance without prejudgment on the basis of a sexual orientation regarding which they had no basic choice.

(Affirming Trial Court's Grant of Orders for Prejudgment Attachment of Amounts Paid by Insurer on Noncovered Claim Where Insurer Proved «Probable Validity» of its Claims for Unjust Enrichment and Rescission)

The complaint requests a judgment issued against Faraday for $ 1.8 million, along with prejudgment interest on the principal sum.

Starbucks will pay Kraft almost $ 2.8 billion, following an arbitrator's conclusion that Kraft is entitled to $ 2.23 billion in damages plus $ 557 million in prejudgment interest and attorneys» fees.

Only after moving from the lawyer side of the lawyer / client table to the client side did I recognize that prevailing law firm and in - house counsel offerings contain prejudgments about pricing, work flow, and assignment of people to tasks that no general manager would tolerate anywhere else in business.

Mechanisms such as prejudgment remedies of attachment and garnishment, injunctive relief to freeze assets, asset discovery, and debtor examinations are all part of our strategy to see that our client's claims are not rendered uncollectable through the dissipation of assets.

But what does «the judgment» include for purposes of calculating prejudgment interest in a personal injury action?

The lower court later awarded costs under CCP § 998 as well as prejudgment interest on those costs.

Serious insomnia is another thing entirely, but if you're fretting that your sleep doesn't match up with the current ideal, then try chilling out and paying attention to how you feel without prejudgment.

The Court of Appeals remanded the case so the trial court could enter a judgment on the arbitration award and allowed plaintiffs» counsel to seek prejudgment interest at that time, but it noted the six year delay could pose a challenge to the interest award.

This is a narrow exception to the general rule against prejudgment execution.

As a result, prevailing law firm and in - house counsel offerings contain prejudgments about pricing, workflow, and people assignment that no general manager would tolerate anywhere else in the business.

Above - market prejudgment interest overstates the actual harm suffered by the plaintiff and already serves a punitive function.

In his outstanding book The Resurrection of the Son of God, Wright says this: «we must not project our contemporary fondness for certain kinds of narrative on to a historical problem which demands not prejudgment but analysis.»

Plaintiffs may also be awarded prejudgment interest, which runs from the date the plaintiff makes an offer of settlement, rather than the time damages are awarded by a court.

How much spontaneity we can attribute to events of diverse sorts, and how precisely they can be predicted from their boundary conditions, are questions for investigation, not dogmatic prejudgment.

It is trying enough for a white visitor to struggle with the contradictions and popular prejudgments.

Preservice teachers brought prejudgments to virtual field experiences.

It's crucial to convey the tone and genre of your story — possibly more crucial than conveying the content — because potential readers, editors, and / or agents will use it to make a snap prejudgment of the reading experience.

Knowing all of this, I resolved to keep an open mind and avoid knee - jerk prejudgments.

People who come from the outside with prejudgment need to forget all that and look again.»

But the logical connections are there to be teased out if one suspends prejudgment.

And so we will work on the initial strategy really throughout the life of the case even, but we also do sort of traditional law work, like motions for summary judgment and responses, jury charge work, objecting to jury charges and also the post-verdict sort of prejudgment motions phase and then even post-judgment motion.

In other words, the prescribed prejudgment interest rate under the Courts of Justice Act applies to all actions that are tried after January 1, 2015 regardless of when the action was commenced.

Regularly represents banks, factors, commercial lenders and equipment lessors in debt recovery and collection actions, utilizing prejudgment remedies including writs of attachment and writs of possessions, temporary restraining orders and seeking damages for fraudulent transfers.

Mr. Martin is experienced in the assertion of creditors» critical prejudgment rights, including real estate and trustee attachments, reach and apply orders, and the appointment of keepers for contested assets.

However, where evidence discloses a strong prima facie case that Defendants perpetrated a premeditated, substantial fraudulent scheme against innocent victims, the law's reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy against such serious misconduct.

There have been many challenges to arbitrators on the grounds of issue conflict — prejudgment based on acting usually for states or investors, or past publications or advocacy.

Obtained prejudgment attachment and injunctive relief against holding company to prevent further development until the client's claim was satisfied.

Tagged with: bodily injury civil litigation Court of Appeal Insurance Insurance Act motor vehicle accidents personal injury personal injury litigation prejudgment interest procedure purposive purposive approach retroactive retrospective

Numerous Judges of the Ontario Superior Court of Justice have commented whether the changes have a retroactive application (see Prejudgment Interest: Retroactive, Proactive, or Somewhere in Between?)

In a reverse of the trial level decision, the Court of Appeal rejected the holding in Cobb Estate and determined that the default prejudgment interest rate prescribed by the Courts of Justice Act applies to all actions within the system regardless of the date of loss.

... [u] njustified reprimands of counsel, insulting and improper remarks about litigants and witnesses, statements evidencing prejudgment and intemperate and impatient behaviour may destroy the appearance of impartiality....

According to that Supreme Court opinion, when Haden failed to supersede the judgment against him and his business on Sacks» breach - of - contract claim, Sacks and the firm incurred considerable expense to secure a turnover order under Texas Civil Practice & Remedies Code § 31.002 (e), have a receiver appointed to prevent prejudgment transfer of Haden's assets and seek dismissal of Haden's bankruptcy filings.

Mareva injunctions are extraordinary equitable remedies that operate to freeze a defendant's assets prejudgment.

The gist of it was that US prosecutors have such enormous powers to make your life difficult (with prejudgment attachment, civil forfeiture, etc.) that these become an attractive option.

In 1992, Lograsso obtained a judgment against Reinhard Kliczka for $ 30,000.00 plus $ 10,266.10 in prejudgment interest and $ 467.35 for costs.

The defendant appealed, arguing that the trial court should have excluded any damages that could be attributed to the plaintiff's employer and for failing to follow a particular formula in calculating prejudgment interest.

From interactions with the host teacher and host students and information gained from debriefing sessions, preservice teachers» prejudgments about low - income minority students often underwent reformation.

(8th Cir., Filed Feb. 21, 2017): Arguing that above - market prejudgment interest should not be included in the denominator when calculating the ratio of punitive to compensatory damages.

Where litigation is necessary to resolve debt and related problems, we offer responsive and effective service at all levels, including alternative dispute resolution, prejudgment remedies, and a renowned trial and appellate practice.