Sentences with phrase «request of the plaintiff»

At the request of the plaintiffs in both cases, the Court stated that it would appoint a special five - judge panel to hear the two appeals and reconsider the issues raised by Timminco.

In order to ensure the enforcement of the judgement, the court can, upon the request of the plaintiff, make an order to preserve the defendant's properties.

Not exact matches

DOL filed a motion Friday requesting that the three lawsuits pending in the U.S. District Court for the Northern District of Texas be consolidated; the plaintiffs agreed to consolidation but insisted that each of the cases be allowed to «retain their separate identities» and move forward «expeditiously.»

DOL filed a request on June 20 that the three lawsuits pending in the U.S. District Court for the Northern District of Texas be consolidated; the plaintiffs agreed to consolidation but insisted that each of the cases be allowed to «retain their separate identities» and move forward «expeditiously.»

Plaintiff further states that the proper instrument to govern the exercise of the 1st Defendant's vested discretionary power to charge fees or to request of a deposit of fees for the general elections 2016, ought to be a statutory instrument and not a constitutional instrument.

Plaintiff states again that 2nd Defendant has not said a word against this marauding show of power without any legal justification by the 1st Defendant's request of a deposit of filing fees for the 2016 Presidential and Parliamentary Elections thereby embolden 1st Defendant in perpetuating these obvious illegalities against the political parties and individual candidates in this 2016 general elections.

Lawyer for the Plaintiffs Samson Lardy Anyenini said he was ready to grant the two - week request even though it was obvious the EC had «gone to sleep since the passage of the law and always resorted to the rhetoric of «we are implementing it.»»

The state Senate approved a bill that would require a public agency that is sued over a Freedom of Information Law request pay attorneys» fees of the person or entity who sued when the plaintiffs prevail.

The request by the plaintiff, which was vehemently objected to by lawyers of the NPP, was eventually granted by the court.

In today's lawsuit, the plaintiffs invoke a section of FOIA that requires agencies to make publicly available electronically all records that it has released under FOIA which «because of the nature of the subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records.»

The suit now goes back to the lower court, which must reconsider its rejection of the plaintiffs» request for a motion to block federal funding of ESC research.

Crucially, the Court declined the plaintiffs» request to overturn a 1977 ruling in Abood v. Detroit Board of Education that allowed teachers unions to collect agency fees from nonmembers for costs related to «collective bargaining, contract administration, and grievance adjustment purposes» but forbid them to use such funds for political or ideological purposes.

Last Monday, just two weeks before the scheduled opening of school, the U.S Court of Appeals for the Eighth Circuit in St. Louis denied the black plaintiffs» request to halt the new plan.

In the state of Washington, adequacy plaintiffs filed a new lawsuit in early 2007 that is expected to rely heavily on a report prepared at the request of a gubernatorial - appointed commission, Washington Learns.

Then Maryland state superintendent Nancy Grasmick decided to join the plaintiffs in successfully requesting that a court - appointed oversight team be permitted to review Walter Amprey's appointments above the rank of teacher.

The plaintiff's attorney, Arthur Benson, and his expert witnesses assured Judge Clark that if he ordered the requested improvements the school district would draw tens of thousands of white students from the suburbs back into the district.

The case — Houston Federation of Teachers et al. v. Houston ISD — was filed in 2014 and just yesterday, United States Magistrate Judge Stephen Wm. Smith denied in the United States District Court, Southern District of Texas, the district's request for summary judgment given the plaintiffs» due process claims.

In it, the Charter School Plaintiffs also requested additional and amended Findings of Fact and Conclusions of Law.

has requested $ 10,000 personal damages for every time Ms. Rice endorses / d the hate website publicly since the email exchange between she and the plaintiff in May of 2014.

After being found guilty of violating antitrust laws by a US District Judge in 2013 and by an Appeals court in 2015, Apple's request for an appeal to the US Supreme Court was denied this past March, forcing it to settle with the plaintiffs.

That often leads to default judgements, or awards of nearly the amount requested by the plaintiff.

Both the plaintiffs and the defendant were requesting that the high court rule on the subject of amateurism.

The format was straightforward — two hours each for the plaintiffs and the defendants, and the judge had provided us with a series of questions on the essential physics that he wanted addressed, as well as requesting a timeline of how our understanding of climate change has evolved over the past 150 years.

Has the plaintiff responded to defense demands for interogatories, requests for depositions and the other requirements of the Discovery process?

Because the charge of defamer is so damaging, Defendant Steyn has taken this process seriously... On February 12th, he responded to Dr Mann's Requests for Discovery, and is looking forward to Plaintiff reciprocating.

It seems as though «Michael» was looking for a little quid pro quo in the form of naughty photos of plaintiff Jamie Nelson, and said her request to reverse an erroneous transaction could be expedited if the two could have some «photo fun.»

Plaintiffs served on Bluford both a request for production of documents and a set of interrogatories.

In Seedlings Life Science Ventures, LLC v. Pfizer Canada Inc. 2017 FC 826, the plaintiff and funder (Bentham IMF Canada) requested court approval of the funding agreement.

Finding that the defense would be unjustly prejudiced by allowing the case to proceed toward a jury trial without permitting the defendant's expert to examine the plaintiff as the plaintiff's own expert had, the appellate court granted the writ of mandamus, forcing the lower court to honor the defendant's request.

Where a case is governed by Case Management (as the plaintiffs were requesting here), a single Master gets appointed to hear all motions and deal with the scheduling of the case - the goal being to have a Master who is familiar with the matter be involved throughout, to prevent a party from causing unnecessary delays (either intentionally or unintentionally).

The amount of fees was reasonable given that the lower court reduced the requested fees by 40 % to eliminate an award to plaintiff on unsuccessful claims.

Although containing a set of what the Judge called «a freakishly complicated set of facts,» the decision provides useful guidance to insurers about what to do in the face of a Plaintiff who resists a request for repayment.

On appeal, the plaintiffs» requested that the judgment dismissing the action against Mr. Vicentini and Ford Credit be set aside and liability be apportioned equally between those two defendants and Mr. Hoang and requested that the amount of damages be increased.

In denying the plaintiff's request for a new trial, the 1st U.S. Circuit Court of Appeals ruled that instructions incorporating a legal analysis on the shifting burdens of proof in employment discriminbation cases established by the U.S. Supreme Court in 1973 is appropriate when a trial court judge «translate [s] it into everyday parlance and fit [s] it to the facts and circumstancews of a particular case.»

This request was prompted by a case where the majority of the plaintiffs» $ 5 million award was split by their lawyers and Sydney - based LCM Litigation Funding.

The Beaver County Times reports that the details of the settlement were unavailable but that the plaintiff had been seeking in excess of $ 300,000 once she was informed that she allegedly received a different type of breast implants than the ones she had requested.

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, dismissing a defendant application requesting the production of a Plaintiff's Facebook postings, Twitter postings, Computer Hard Drive and Iphone.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

In the second half of 2016, many «show cause» status hearings were requested in order that plaintiffs could avoid the automatic dismissal of their actions by the registrar on January 1, 2017.

Bill of Costs Bill of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice of change of solicitor Form 146A1 Affidavit of service Form 146A2 Affidavit of service — Personal Service Form 146B Solicitor's Certificate of Service Form 149 Tender of Payment into Court Form 171A Statement of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Witness

As America's most - cited judge, Judge Richard Posner, put it last year, «Judges have difficulty understanding modern technology and jurors have even greater difficulty, yet patent plaintiffs tend to request trial by jury because they believe that jurors tend to favor patentees, believing that they must be worthy inventors defending the fruits of their invention against copycats -LSB-...]».

Given the lack of precedent on the issue, the plaintiff's counsel took a risk making this request.

Still, apparently Merck still opposed the plaintiffs» most recent offer to accept 50 percent of the $ 5.6 million requested.

After all, if Merck spent $ 10 million defending against the components of the Vioxx claim related to consumer fraud, how can it possibly begrudge the plaintiffs lawyers» request for half that amount?

To avoid disclosing how much it has spent on legal fees, Merck has agreed to drop some of its objections to plaintiffs» fee request.

Research also suggests that plaintiffs» damage requests influence juries» assessments of appropriate awards.

Each of those points must be clearly established by the plaintiff's evidence in the request for the order.

Appellate Court Reverses Lower Court's Denial of Plaintiff's Request to Extend Notice Deadline, South Florida Personal Injury Lawyers Blog, published January 19, 2017.

Of course, this result was in harmony with common practice among plaintiffs and medical lien holders; plaintiff's counsel typically requested and received reductions in the liens of insurers and hospitalOf course, this result was in harmony with common practice among plaintiffs and medical lien holders; plaintiff's counsel typically requested and received reductions in the liens of insurers and hospitalof insurers and hospitals.

The Trial Judge agreed with Mr. Abraham's assessment of the damages under all headings and awarded the Plaintiffs at the exact amounts requested.