Sentences with phrase «rather than the plaintiffs»

The problem is that these investors now have a stake in the game and may advocate for their own interests rather than the plaintiffs», resulting in a distortion of the legal system.

Subrogation professionals need to be aware of cases where the burden of proving a case may rest with a defendant rather than a plaintiff.

Not exact matches

In the company blog, Telsa referred to Organ as having «a long track record of extorting money for meritless claims» and said that the company «would rather spend more on a trial and clear its name than settle with the plaintiff.»

Disney shareholders lost their case but the final ruling set a new bar for directors when approving these kinds of exit packages: «If a director acts with conscious disregard — in other words, a looking away — rather than a deliberate intent to violate his duties, he can still be held liable for acting in bad faith,» plaintiffs» attorney Steven G. Schullman told the New York Times back in 2006.

In In re Oracle Corp., the Ninth Circuit similarly held that plaintiffs can not prove loss causation «by showing that the market reacted to the purported «impact» of the alleged fraud... rather than to the fraudulent acts themselves.»

Even so, the attorney said the phrase «make this go away» could just as likely be interpreted as direction to make amends with Cater, rather than conspiracy to deprive someone's rights, as the plaintiff alleges.

While Graham and others questioned the PSC's ability to arbitrate environmental rather than utility issues, the commission's lawyers questioned whether the plaintiffs had legal standing since the organizations fighting the subsidy were mostly from the lower Hudson Valley, which is some four hours away from the nuclear plants.

The plaintiffs in that case maintain that eHarmony's decision to establish a separate site for gays rather than integrate its flagship site, eHarmony.com, amounts to an unlawful «separate but equal» policy and the continued marginalization of gays, lesbians and bisexuals.

Extracts from the lawsuit, filed in Los Angeles, said: «Rather than merely publishing a news story reporting that Plaintiff's screenplay may have been circulating in Hollywood without his permission, Gawker Media crossed the journalistic line by promoting itself to the public as the first source to read the entire Screenplay illegally.»

The plaintiffs argued that the curriculum would widen rather than narrow Seattle's achievement gap between minority and white children.

Since the scholarships are paid for by donations backed by an 85 percent tax credit, rather than direct state appropriations, the plaintiffs had to argue that tax credits were akin to a government appropriation.

The self - publishing division was the subject of a lawsuit in the US, which was settled out of court last August, during which the business faced accusations from plaintiff authors of seeking to make money from authors, rather than for authors.

It seems that the key point in certification being denied was that the plaintiffs» lawyers failed to demonstrate that the alleged actions (essentially shady selling of marketing services) were a company - wide / directed practice, rather than isolated cases.

The first bone of contention the plaintiffs have is that the company offered the «microscopically low - yielding» Vanguard Prime Money Market Fund, rather than a stable value fund that would have provided better returns while preserving capital and liquidity without any greater increase in risk compared to money market investments.

Rather than provide any real smoking gun evidence to the case, this last citation of Oreskes only begs for a pair of really troubling questions: are the lawyers for the San Mateo / Marin / Imperial Beach plaintiffs committing legal profession suicidal by citing evidence which is not available to read?

Naturally, the plaintiffs do not say, which only underscores how this lawsuit is a rhetorical weapon to get media attention, rather than a legitimate legal pursuit.

At any rate, the plaintiffs are saying that there must be a mix of manufacturers, consumers and government all taking roles and responsibilities, rather than the government placing the full burden on manufacturers.

«Rather than seeing the Avvo ratings for what they are — «that and $ 1.50 will get you a ride on Seattle's new South Lake Union Streetcar» — plaintiffs Browne and Wenokur want to make a federal case out of the number assigned to them because (a) it could harm their reputation, (b) it could cost them customers / fees, or (c) it could mislead the lawyer - hiring public into retaining poor lawyers or bypassing better lawyers.

The undertakings and refusals emerged from the cross examination of an affidavit, submitted to oppose a motion by the plaintiff to abridge the time for mediation and require the parties to use an experienced private mediator rather than a roster mediator.

This past weekend, the Sacramento Bee carried a lengthy article, Visionary law's litigious legacy (11/12/06), on how California's implementation of the federal Americans with Disabilities Act (ADA) has lead to litigation over ADA violations, which end in payouts to individual plaintiffs and lawyers rather than access for the disabled.

After reviewing the medical records of the plaintiff but without performing a physical examination on him, the defendant's expert offered a report that concluded the plaintiff's injuries were likely the result of a pre-existing condition, rather than the injuries sustained on the defendant's property, as the plaintiff alleges.

As a result, punitive damages focus on the defendant's conduct, rather than the injuries suffered by the plaintiff.

Even though the contingency fee agreement was entered into in 1999, the former versions of section 6147 made no difference, because the Legislature in 1994 broadened its provisions to apply to a «client» rather than just a «plaintiff»;

According to PointofLaw.com, plaintiffs» attorneys are seeking a $ 1.6 billion federal tax break for contingent - fee lawyers that would allow them deduct expenses as made, rather than in the year of settling a suit.

Avoidable damages are to be determined by assuming that the plaintiff has agreed to an operation not yet performed rather than looking at what on the balance of probabilities would have happened had the operation taken place.

So we know how to represent our clients using our experience in wrongful death law on the side of the plaintiffs rather than the defense.

It makes a big difference if he usually represents the manufacturers rather than the injured plaintiffs.

The court explained that the video showing the plaintiff slipping was not necessarily inconsistent with his own testimony, since he claimed to have slipped immediately outside the restroom, rather than near the cash - register area.

[2] With respect to the costs of the costs of the coverage action, the plaintiffs sought costs on a full indemnity basis, rather than on the usual partial indemnity scale.

The incentive for settling the case is that it gets the plaintiffs money soon rather than what might otherwise take years if the case went to trial and through the appeals process.

Whatever became of the Sept. 11 plaintiffs who opted for litigation rather than file claims through the federal compensation fund?

The plaintiff, however, claimed that because the defendants» insurance company confirmed her cause of action in April or May of 2010 the limitation period ran from then rather than from the date of the accident (Limitations Act, s. 16).

Thus, the NAACP will not underwrite ordinary damages actions, criminal actions in which the defendant raises no question of possible racial discrimination, or suits in which the plaintiff seeks separate but equal, rather than fully desegregated, public school facilities.

In fact, the PHIPA Commissioner (who intervened on behalf of the Plaintiffs), argued that the role of the Commissioner is to focus on systemic issues, rather than individual complaints.7

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.

They differ from the general and specific damages, because rather than make the plaintiff whole, the punitive damages are put in place as a deterrent and warning to the defendant.

Instead of analyzing whether California has jurisdiction over the product liability situation, in general, the high court decides that the determination regarding whether California has jurisdiction over a suit against a particular defendant must be made on a plaintiff by plaintiff basis when «specific jurisdiction» rather than «general jurisdiction» is involved.

I did discover one bit of sloppy proofreading — on pages 350 and 445, an English case, British Amusement Catering Trades Association v. Westminster City Council [1987] 1 W.L.R. 977 is referred to as a decision of the House of Lords -LRB-[1989] AC 147), rather than the Court of Appeal, even though the judgment referred to is of Balcombe, LJ — and the plaintiff's name is misspelled as British Assessment Catering Trades Association.

However, ICBC argued that, because the Plaintiff's childhood friend was also a regular client, the lunch appointment should be deemed to be «client development» rather than merely a social outing.

Punitive damages are awarded to punish a defendant for intentional or malicious conduct, rather than to compensate a plaintiff.

In addition, try and talk to attorneys who work on both sides — you might decide you want to do defense work rather than being a plaintiff's attorney.

defendant sought court order to compel plaintiff to download the content of her social networking site under direct supervision (rather than just not update the site)

If they had been adamant that the plaintiffs» theory was just not possible, would they have been accused of being advocates rather than impartial witnesses?

The plaintiff also claimed that the defendant improperly invested in a nonparty client rather than benefit the portfolio or the plaintiff, causing a 86 per cent financial loss to the portfolio from $ 360 million on June 30, 2006 to $ 50 million on Feb. 28, 2009, and triggering a the plaintiff's guaranteed obligation to pay.

This, it is said, will rebut the defendant's position that the plaintiff's pain is largely the result of a degenerative condition rather than of the accident.

Apologies that merely expressed sympathy worked only inconsistently because many plaintiffs took them to be insincere, which sometimes caused more indignation on the plaintiff's part, rather than less.

Despite the plaintiff's complete failure to mitigate his damages and the unreasonableness of his decision to enter into self - employment, Browne J only reduced the notice period from twenty months to fourteen months, rather than dismissing the claim entirely or reducing the notice period to a mere few months which he found to be a reasonable time period in that case to get over the shock of dismissal.

Because their objective is to punish the defendant rather than compensate a plaintiff (whose just compensation will already have been assessed), punitive damages straddle the frontier between civil law (compensation) and criminal law (punishment).

[26] In the present case, the trial judge held that the plaintiff was not contributorily negligent because the plaintiff could have been struck by the defendant's vehicle if he had been a jogger, rollerblader or regular pedestrian rather than riding his bicycle.

When the plaintiff initially came back to court, in obtained an interim injunction - it was, again, time limited, but since it was done on little notice to the defendant, it is an interim injunction rather than an interlocutory injunction.