Sentences with phrase «resolved by a jury»

The Card Member Agreement includes an arbitration provision, which impacts the opportunity to have claims related to the Account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

Your Card Member Agreement includes an arbitration provision, which restricts your opportunity to have claims related to the account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

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.

These, however, are factual issues and should be resolved by a jury rather than by the trial court on a motion to dismiss.

Thus, the Tenant argued that these were issues of fact which should have been resolved by a jury.

Not exact matches

Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

ARBITRATION: The Cardmember Agreement provides that we may choose to resolve a claim relating to your account by binding arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration.

Arbitration Provision: Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Juried by Curator Betsy Johnson, the exhibition creates a dialogue on what it means for art to be «resolved».

In fact, if the case isn't resolved by a negotiated settlement, that question is usually answered by a jury.

This could resolve the issue of the non-pecuniary loss and limit the questions to be answered by the jury to pecuniary damages.

The Queen, [1980] 1 S.C.R. 527, at p. 529, Chouinard J. resolved an issue respecting jury instructions by reference to an earlier decision of this Court and said:

After all, our modern system of justice where parties resolve their disputes before an impartial third party (the judge) and / or a jury of their peers was intended to replace trial by combat - in which parties settled their differences by fighting it out (usually to the death).

Several related claims severed from the jury trial were retained by Judge Dein and United States District Court Judge Mark Wolf and remain to be resolved.

Most issues can be resolved either by counsel persuading the judge to leave the questions unasked, or by agreeing that counsel, who has forgotten to ask the question, may do so when the jury and the witness return.»

However, this inquiry may be resolved at the summary judgment phase when the «defense is conclusively established by plain, palpable and undisputed evidence» that leave no issue of fact for a jury to determine.

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:

The firm works closely with both trucking companies and their insurance carriers to develop vigorous strategies in defense of these cases, whether they are settled or resolved by motion or jury trial.

And the end result of litigation, which gets these cases resolved, one way or another, either by settlement, or a jury verdict, or by judge decision, is a trial.

The court reasoned that spoliation is an evidentiary issue and not a separate cause of action, and because evidentiary issues are resolved by the trial court and not the jury, it is inappropriate to present spoliation issues to the jury for resolution.Brookshire Bros. 2014 Tex..

If the individual home / condo owner and the Association can not resolve their dispute outside of a lawsuit, then ultimately, the matter will be filed in the local courthouse and a Florida judge (and / or jury) will be the decision - maker on whether or not the home owner has been a victim of selective enforcement by a Condo Board.