Sentences with phrase «resolved at the trial»

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

We approach each case as if it might go to trial, giving clients the best strategy for winning on their terms, whether the case is ultimately resolved at trial, by settlement or through arbitration.

«I am satisfied on the material before me that the action is being brought in good faith and there is a reasonable possibility that the action will be resolved at trial in favour of the plaintiffs,» wrote Belobaba.

A further 8.4 per cent were resolved at the trial date, which means only 10 per cent of cases actually went to trial.

Probably the most important conclusion to be drawn from the 176 responses to our survey was that less than a tenth of lawyers» files are resolved at trial (9.3 %).

Who says it must be resolved at trial, the client or the lawyer.

The court ruled that summary judgment was not appropriate because the evidence submitted to the court presented contradictory theories that should be resolved at a trial: namely whether the defendant's conduct was the cause of an injury to the plaintiffs» loved one.

The Court of Appeal disagreed with the judge at first instance that this matter could only be resolved at trial.

Status conferences keep your divorce proceedings on track and help simplify the legal issues that must be resolved at trial, such as property division, child custody, child support and spousal support.

Since there was testimony that at least some personal items were thrown out, the court determined that questions of the property's value and whether the Owner had abandoned her property were factual issues that must be resolved at trial.

The court stated that this was a factual dispute which would need to be resolved at trial.

Not exact matches

This insight is a victory for his conception of freedom, and he resolves to make a full confession at the trial.

The statement reads in part: «The morning of 17th of October, 2017, however resolved every unlikely doubt that could have inured in favour of the prosecution in this saga when on being briefed by the distinguished Senator to represent him at the trial.

There is an ongoing debate concerning whether dietary fat affects obesity, with some researchers69 contending that a decrease in energy from fat is associated with a reduction in weight; another view is that the relation between dietary fat and obesity is unconvincing or, at best, weak.70 Controlled clinical trials of free - living subjects are needed to resolve this debate.

Resolving to apologize, she shows up at his door one day, but loses her nerve and pretends to work for a housecleaning service offering a free trial.

The publishers all settled before trial and together paid $ 164 million to resolve parallel claims by states attorney general that are also being asserted at trial.

Mild cases of skin problems usually resolve, if trial therapies are continued for at least three months.

Accordingly, solicitors are wise to develop a working knowledge of the principle of subrogation, and to implement file management procedures to ensure that OHIP's subrogated interest is not forgotten when a personal injury file is resolved through settlement or at trial.

Most cases are resolved through a pre-trial plea bargain, a voluntary dismissal by a prosecutor who acknowledges that there is no case against you prior to trial, or a conviction of at least something at trial.

At the law firm of Breslin & Breslin, our trial attorneys advise and represent local businesses about the best ways to resolve contract disputes, employment or severance issues, real estate issues, and other matters that can come up in the course of any company's business.

We provide a free case evaluation to review the claim in charge no attorney fees until we successfully resolve the case through a negotiated settlement or winning a jury award at trial.

Although we have extensive trial experience against the government, we believe — particularly in heavily - regulated industries or when government contracts are at issue — that it is equally important to engage in early efforts with regulators to pursue alternative solutions that impose only the most reasonable burdens on our clients, using measures such as consent agreements, deferred prosecution agreements, and nonprosecution agreements to amicably resolve disputes, including those in which the amounts at issue reached nine figures

With respect to the latter, if the insurer is simply not prepared to make a settlement offer, the value of mediation will lie in trying to narrow and / or resolve some of the issues, better understand the parties» respective positions, and most importantly, allow the claims examiner to make their own assessment of the plaintiff regarding presentation and credibility in order to evaluate how the plaintiff will be perceived at trial.

Do not rule out ADR at a later date: there is an ongoing obligation on the parties to attempt to resolve disputes without the intervention of the Court, and the reality is that almost all disputes settle before trial.

Some of these relate to the extent of the parties» knowledge of both sides of the case, and others involve cost - benefit considerations that may favour having the matter decided by a judge at trial rather than resolving it earlier.

In reviewing the trial judge's order, the Court of Appeals took offense at the comment, feeling that the trial court had unfairly lashed out at the appellate judges because precedent precluded the judge from resolving the case as he saw fit.

If the case resolves by way of settlement or victory at trial, then the premium is paid out of the recovery.

In light of this fact, the conclusion is sometimes drawn that at least 95 % of filed cases settle — that is, resolve without trial.

On a summary judgment motion, «the evidence need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute.»

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.

Some judges will set you for a divorce trial as well as private mediation but typically they're going to set another status conference after the mediation to determine if the issues have been resolved or narrowed, and at that point, the court will set you for trial.

Our attorneys have an impressive track record of obtaining summary disposition of cases prior to trial and are also skilled at resolving disputes using alternative means such as arbitration and mediation.

Therefore, Claimants are encouraged to look at alternative ways of resolving claims, as are Defendants too, in the hope that fewer claims reach trial which can be stressful for all parties concerned.

Like the first edition, the «Newer Lawyer» 2017 (as my friends at UBC Press call it) identifies the ability to resolve cases short of a trial as a foundational skill for litigation lawyers and using the insights of both lawyers and their clients, considers what this means as a practical matter for negotiations, advocacy, lawyer / client relationships, and for the ethics of legal practice.

That argument, as the Court noted at para 95, would be resolved by the trial court.

Whether a matter is resolved through settlement, negotiation, mediation, arbitration or trial, the attorneys at Howard Law are prepared to aggressively pursue justice while remaining attentive to their clients» needs.

His commercial litigation experience allows him to counsel clients at all stages of conflict from avoiding disputes, to resolving disputes, trials and appeals.

Orders at a motion are intended to temporarily resolve the issues until they are resolved on a final basis either through settlement or at a trial.

If you resolve this issue, then no one needs to spend anytime at trial proving how much should be paid.

Good lawyers understand that a case prepared for trial at an early stage has the best chance of being resolved without a trial.

The determination of whether a given person has met the «ordinary reasonable person» standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

With a peerless record of success in the litigation of employment rights disputes at all levels of the California courts, our renowned attorneys have successfully resolved countless claims, trials and appeals as well as employment class - action lawsuits.

There were at least two things, according to this trial judge, that required further discovery before the case could be resolved.

If, ultimately, there are issues at trial that involve the petitioner's statements, they will have to be resolved by the trial judge.

DWF attracts praise for providing advice that is «always of the highest standard; the practice always comes up with a plan to resolve the claim at the earliest possible time when liability is not in dispute and where it is in dispute, it provides a thoughtful and creative plan to prepare the file for trial».

Comparing the present matter to Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), [2014] 3 SCR 31, 2014 SCC 59 (CanLII), the Court of Appeal noted at para. 51 that, whereas the hearing fees in that case «actually bar access to the superior courts» by preventing ``... some individuals from having their private and public law disputes resolved by the courts», the «proper balance» is achieved by the legislature with respect to civil jury fees:

Indeed, many claims, including those at issue in this case, are resolved in the protracted motion practice that occurs prior to any trial, and any litigant must be prepared to navigate these procedural hurdles.

In the event criminal charges or civil enforcement actions are filed and can not be resolved, we defend our clients at trial.

In determining whether the motion judge can use her fact - finding powers, the evidence «need not be equivalent to that at trial, but must be such that the judge is confident that she can fairly resolve the dispute».

Although many family law cases are resolved prior to trial, it is important for those individuals that face the possibility of having to appear in MA Family Court to be represented by experienced legal counsel at every stage of the process.