Sentences with phrase «prevail in the case on»

Not exact matches

Later, on the sidelines of Suncor's annual general meeting, Williams said he hopes that «good sense and reason prevail» but added Suncor has a contingency plan in case Alberta follows through with its plan to restrict oil or refined fuel exports through the existing Trans Mountain pipeline to B.C.

But should the Justice Department prevail in this case, it could throw a cold blanket on that enthusiasm.

But without a majority decision on Halo, it could be more difficult for district courts to award attorneys» fees to prevailing parties in patent troll cases, which every year sap billions of dollars in such fees.

Even if the government ultimately prevails, the case may still have a chilling effect on river restoration efforts in the future.

«Spark Networks Prevails In Patent Infringement Case Main Krush Technologies To Focus On Media Business, Lays Off Some Digital Unit Workers»

In order to receive a preliminary injunction, the plaintiffs must show they are likely to prevail on the merits of the case.

In case the mutual fund wants to change the asset allocation on a permanent basis, they are required to inform the unit holders and give them option to exit the scheme at prevailing NAV without any load.

In case the mutual fund wants to change the asset allocation on a permanent basis, they are required to inform the unitholders and giving them option to exit the scheme at prevailing NAV without any load.

By contrast, a foreclosure (also the prevailing law in the U.S.) is undertaken by a lender when the homeowner defaults on their mortgage, but in this case the borrower is not liable for any loss incurred by the lender.

In case of discrepancy between the information and examples provided on these pages and your Certificate of Insurance, your Certificate of Insurance prevails.

Contingency: For certain types of cases, a lawyer may be able to take a case on a contingency fee basis — where he or she only takes a fee if they prevails in a case through a judgment or a settlement.

In the case of Adjustable Rate Mortgages (ARMs), the rate on your mortgage may go up or down depending on the prevailing interest rates index.

In cases where the prevailing market represents prices different from the prices posted by NSFX, NSFX will attempt, on a best efforts basis and in good faith, to execute Market Orders on or close to the prevailing market priceIn cases where the prevailing market represents prices different from the prices posted by NSFX, NSFX will attempt, on a best efforts basis and in good faith, to execute Market Orders on or close to the prevailing market pricein good faith, to execute Market Orders on or close to the prevailing market prices.

Even putting aside the OHC data and fingerprinting, there is absolutely no evidence in model simulations (or in prevailing reconstructions of the Holocene), that an unforced climate would exhibit half - century timescale global temperature swings of order ~ 1 C. I don't see a good theoretical reason why this should be the case, but since Judith lives on «planet observations» it should be a pause for thought.

In addition to the harsh limitations on damages that you mention, another consequence of the absence of notice that you overlook is that it permits any defendant to assert an innocent infringer defense — a defense that would very clearly prevail, on the facts of this case.

The court is currently hearing a substantive challenge to the interpretive rule, and in light of today's ruling, the hemp industry is optimistic that the Court will ultimately invalidate the DEA's rule, as one of the prime criteria in granting the Stay was whether the hemp industry is likely to ultimately prevail on the merits of the case.

If the Government prevails in the court case, testimony on the climate effects of oil pipelines will be considered inadmissible at NEB hearings.

So the plaintiffs in this case need to either (a) show actual damages, or (b) convince the court under the applicable standard of proof that they will suffer damages and they are likely to prevail on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.

MAKING UNEXPECTED INROADS IN WASHINGTON DC: A few months ago, when a bit more of a nonpartisan spirit prevailed, Felix Kramer joined a delegation of several members of Environmental Entrepreneurs from around the country with teams that visited dozens of Senators, Representatives and key agency officials and their staffs, making the case that investing and spending on efficiency, renewable energy and a low - carbon economy can generate jobs, save money, and improve economic and strategic security.

The Commission has occasionally met with success: in Electrabel, a long learned discussion on the relationship between EU Law and the ECT was concluded with the bombshell that EU law «would prevail over the ECT in case of any material inconsistency» (para. 4.191).

Since the high court's order was issued in a proceeding that is ongoing, the plaintiff's claim for damages may still prevail, although he will be unable to prevent the defendant's proposed expert from performing a medical examination on him before the case proceeds to trial.

From the very first moment our lawyers take on your personal injury claim, we are methodical and dutiful in the development of a winning case file that can prevail in court.

On June 1, 2016, Los Angeles County Superior Court Judge Elihu M. Berle granted plaintiff $ 659,759 in fees for prevailing in a case alleging that California's controller at the time illegally withheld automatic raises from 3,000 active and retired California judges.

Law schools have been heavily criticized for lacking coherent educational missions and for having no means of assessing whether they accomplish what they ostensibly intend to accomplish.82 More particularly, the prevailing «case method» of instruction in law schools, at least standing alone, is criticized as ineffective in training law students to become practicing lawyers.83 Thus, although most law schools say they intend to train students to become practicing lawyers, many fall short of that goal, leaving students to learn various fundamental lawyering skills on the job or elsewhere.

Prevailed on summary judgment in pregnancy discrimination case.

[31] In a survey of judges, 80 % reported that self - representation has a negative impact on case outcomes, with one judge stating «there have been times [self - represented litigants] prevailed, but very, very seldom.»

A study commissioned by the American Constitution Society reveals that, based on data from 1979 to 2006, plaintiffs who brought employment discrimination suits in federal district courts prevailed only 15 percent of the time, compared to 51 percent for non-employment related cases.

Later, prevailing defendant moved for $ 89,460.90 in fees (including all of its efforts in the case based on a contractual fees clause), with the trial judge deciding the fee number was $ 66,333.72.

It looks like the defendants in this case prevailed on a Brady / Giglio claim (or perhaps a state - law equivalent).

In that case the Board emphasized that there should not be «too narrow a focus» on whether a settlement provided a full remedy» because of a faulty presumption that «the General Counsel would prevail on every allegation in the complaint.&raquIn that case the Board emphasized that there should not be «too narrow a focus» on whether a settlement provided a full remedy» because of a faulty presumption that «the General Counsel would prevail on every allegation in the complaint.&raquin the complaint.»

At the close of the Plaintiff's evidence, Mr. Mavrick made a motion that his client should be deemed to prevail in the case because the evidence showed that the Defendant corporation had no liability in the case based on its legal defense.

EMPLOYER PREVAILS IN OVERTIME CASE BASED ON MOTOR CARRIER EXEMPTION Attorney Peter Mavrick recently successfully represented a Miami corporation, FLX...

In both cases, the plaintiff prevailed on the claim that the device was defective, but lost on the negligence claim.

We are very grateful for all the hard work you and Patrick have put in working on this case for such a long time and being able to prevail!

EU law prevails over English law in the event of conflict and thus both cases were to be remitted to the Employment Tribunal to determine the claims based on EU law on their merits.

A plaintiff that prevails on a Lanham Act claim can obtain an injunction against the false or misleading advertising, as well as damages and, in certain cases, attorneys» fees.

He previously prevailed at trial in a forgery case brought on behalf of an elderly pro bono client who had lost title to his home as the result of a fraudulent deed.

When the moving party's brief was more readable, the moving party was typically more likely to prevail, as we found the readability score variable significant at the.05 p - level in three of four models.100 The only model where this score was not significant at a tested p - level was based on the isolated sample of state court cases.101

The district judge held the City to its settlement agreement position that plaintiff was to be deemed a prevailing party, which was also shown by the excellent results obtained by her anyway in a case that was on the edge of trial.

A prevailing alter ego defendant was awarded $ 134,469.36 out of a requested $ 353,047.50 in attorney's fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim in a multi-phased trial.

He has successfully defeated class certification motions and prevailed on summary judgment in class actions, as well as single plaintiff cases.

We have prevailed in many types of car accident cases, recovering compensation from liable drivers who cause head - on collisions.

PSW has prevailed on behalf of plaintiffs in all types of professional malpractice and fraud cases, including:

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.

Represented a Korean public company in a wrongful termination case filed in the Southern District of New York and prevailed based on the «Foreign Sovereign Immunities Act».

On Tuesday, May 29, 2012, the United States Supreme Court granted certiorari from the Tenth Circuit's decision in Marx v. General Revenue Corp., U.S. No. 11 - 1175, to determine whether a prevailing defendant can be awarded routine costs (not attorney's fees) against a losing plaintiff in a Fair Debt Collection Practice Act (FDCPA) case where the plaintiff was found to have brought the suit in good faith.

On February 4, 2015, the California Supreme Court will hear arguments in two prevailing defendant cases, one involving fee recovery and the second involving routine costs recovery.

The Court's decision marks the third consecutive time that Farmers and the other defendants have prevailed on a motion to dismiss for failure to state a claim in the lead case, and suggests that the remaining cases in the MDL may suffer a similar fate.

Apple won several other cases against Samsung in different jurisdictions over a diversity of intellectual property rights, but Apple prevailed on design - related rights in only two countries: Germany and the United States.

We are proud of our reputation for winning early, pre-certification dismissal of many class action cases, and for prevailing on the issue of class certification in numerous other class action lawsuits.