Sentences with phrase «result of the defendant»

Nigeria's government averred that it has suffered huge and enormous financial loss as a result of the defendants under - declaration of the value of the crude oil they lifted and exported to the United States of America.

Cheats like this, the company says, ruin the product and their reputation: «As a result of Defendant's contributory copyright infringement, Epic has suffered and will continue to suffer, substantial and irreparable damage to its business reputation and good will.»

Leduc involved a personal injury case in which the plaintiff claimed damages for loss of enjoyment as a result of defendant's negligence.

Otis alleged that these failures caused a judgment to enter against Cusick and that the judgment was obtained as a result of the defendant lawyer's negligence.

The plaintiff sustained injuries and damages as a direct and proximate result of the defendant's negligence.

Verdict in Queens County for a newborn who suffered neurological injuries as a result of the defendant hospital's failure to timely perform a cesarean section for fetal distress.

Their lordships agreed that Corr would not have acted in the way he did but for the injury he had sustained as a result of the defendants» breach of duty.

There is now an opportunity for these victims to be compensated for the damages they suffer as a result of the defendant's invasion of their privacy.

A claim for loss of consortium alleges damages suffered by a loved one of a person who has been injured or killed as a result of a defendant's negligent, intentional or otherwise wrongful act.

If your baby requires additional medical care and treatment as a result of the defendant's negligence, you can seek reimbursement for these expenses.

Ms. Pierce suffered personal injury while shopping at the defendant's premises as a result of the defendant's negligence.

No. 766 dealt with the principle of discoverability in the context of a claim for damages related to a slip - and - fall accident that occurred as a result of the defendant's alleged failure to properly clear snow and ice.

Such damages are intended not to compensate a plaintiff for actual losses sustained as a result of a defendant's actions or actions, but rather to punish a defendant for egregious behavior leading to personal injury and to deter the same and similar defendants from engaging in the same sort of behavior in the future.

Under Canadian tort law, a plaintiff has to prove five elements in order to establish negligence: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached the applicable standard of care; (3) that the plaintiff suffered damages; (4) that these damages were the result of the defendant's breach (causation); and (5) that the resulting damages are not too remote.

The defendant's actions are the «cause - in - fact» of the plaintiff's injury if the plaintiff would not have been injured «but for» the defendant's wrongful act, or if the plaintiff's injury was a foreseeable result of the defendant's actions.

In coming to this conclusion it was noted that «the overall award clearly reflects the jury's conclusion that the plaintiff was injured as a result of the defendant's negligence and that she suffered losses, both non-pecuniary and pecuniary ``.

If causation is established, a victim's attorney would need to illustrate the amount and types of damages that the victim suffered as a result of the defendant's negligence.

The duty to mitigate requires a plaintiff who has suffered a loss as a result of a defendant's breach of contract to take reasonable steps to lessen or alleviate that loss.

To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim suffered actual damages as a result of the defendant's breach.

In a wrongful death suit, the representative of the deceased may also bring a claim on behalf of the estate of the deceased for conscious pain and suffering sustained as a result of the defendant's conduct.

If someone dies in a broadside collision as a result of a defendant's negligence, the decedent's family can seek up to $ 500,000 in emotional damages for loss of comfort, companionship, and society.

In order to recover, the victim must prove that the defendant acted negligently or recklessly and that the victim suffered an injury as a result of the defendant's actions.

Since the defendant was responding to a random emergency and trying to help the plaintiff out of an emergency situation, he was found to be completely immune from liability for any injuries that were sustained by the plaintiff as a result of the defendant's allegedly negligent operation of the truck he attempted to operate.

Pain, suffering and loss of amenity and / or diminution in value and / or loss of enjoyment of holidays and / or losses and expenses sustained by them during their stays at the Hotel Torremolinos Beach Club Hotel between October 2000 and July 2002 as a result of the Defendants» alleged breach of contracts, the Defendants» and / or suppliers of other services failure to properly perform their obligations to the Claimants in accordance with the Package Travel, Package Holidays and Package Tours regulations 1992.

The legal test applied is whether your injuries were foreseeable as a result of the defendant's conduct.

The claimant in Peters was a 20 - year - old who as a result of the defendant's negligence contracted congenital rubella syndrome.

(i) Where, as a result of the defendant's negligence, the claimant has incurred a potential liability which may or may not accrue, that potential liability is a contingent liability, and is not to be considered as amounting to loss to the claimant unless and until the contingency occurs, however likely it is to occur.

«As a result of Defendants» wrongful acts and omissions, and the precipitous decline in the market value of the Company's common shares, Plaintiff and other Class members have suffered significant losses and damages,» the lawsuit says.

During this time, and as a result of Defendant failing to provide consumers with an adequate replacement, consumers continued to incur monthly device and plan charges from their cellular carriers for phones they could not safely use.»

As a result of defendants» wrongful acts and omissions, and the precipitous decline in the market value of the company's common shares, plaintiff and other class members have suffered significant losses and damages,» the lawsuit reads.

Each member of the Class had to buy a newer iPhone model because the performance of their older iPhone model had slowed down as a result of Defendant's purposeful conduct.

The Fair Housing Act prohibits ads which indicate a preference based on race and provides a private right of action to enforce these rights, provided the plaintiff suffered some actual or threatened injury as a result of the defendant's illegal conduct.

(3) To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to, all of the following: (A) Full or partial payment for the value of stolen or damaged property.

Not exact matches

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) the trials for GED - 0301 suffered from fatal design defects, such that GED - 0301 had failed to demonstrate meaningful clinical efficacy; (2) the growth of Otezla sales had dramatically slowed during Celgene's third fiscal quarter of 2017; and (3) the clinical and nonclinical pharmacology data in Celgene's new drug application («NDA») for Ozanimod were insufficient to permit a complete review by the FDA, which resulted in the FDA issuing a refusal to file letter to Celgene regarding the NDA.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) BRF employees paid bribes to regulators and politicians to subvert inspections in order to conceal unsanitary practices at the Company's meatpacking plants; (ii) the foregoing conduct, when it came to light, would foreseeably subject the Company and its officers to heightened regulatory enforcement and / or prosecution; and (iii) as a result of the foregoing, BRF's public statements were materially false and misleading at all relevant times.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) Akorn's failure to comply with FDA data integrity requirements would jeopardize Fresenius» acquisition of Akorn; (ii) the Company lacked effective internal controls over financial reporting; and (iii) as a result of the foregoing, Akorn shares traded at artificially inflated prices during the Class Period, and class members suffered significant losses and damages.

In particular, the complaint alleges that throughout the Class Period, defendants made materially false and / or misleading statements and / or failed to disclose that (1) Ericsson prematurely recognized revenues and improperly delayed the recognition of costs related to services contracts; and (2) as a result of the foregoing, Ericsson materially overstated its revenues, margins, and profits during the Class Period.

The complaint alleges that throughout the class period Defendants issued materially false and / or misleading statements and / or failed to disclose that: (1) Ericsson prematurely recognized revenues and improperly delayed the recognition of costs related to services contracts; and (2) as a result of the foregoing, Ericsson materially overstated its revenues, margins, and profits during the Class Period.

But those results were subsequently restated twice, a fiasco that contributed to the defendants» dismissals and ultimately led to the men facing two counts of fraud each.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company conspired with other dental supply companies to violate federal antitrust laws; (ii) discovery of the foregoing conduct would subject the Company to heightened regulatory scrutiny and potential criminal sanctions; and (iii) that as a result of the foregoing, Henry Schein's public statements were materially false and misleading at all relevant times.

Specifically, Defendants made false and / or misleading statements and / or failed to disclose that: (i) the Company was engaged in predatory lending practices that saddled subprime borrowers and / or those with poor or limited credit histories with high - interest rate debt that they could not repay; (ii) many of the Company's customers were using Qudian - provided loans to repay their existing loans, thereby inflating the Company's revenues and active borrower numbers and increasing the likelihood of defaults; (iii) the Company was providing online loans to college students despite a governmental ban on the practice; (iv) the Company was engaged overly aggressive and improper collection practices; (v) the Company had understated the number of its non-performing loans in the Registration Statement and Prospectus; (vi) because of the Company's improper lending, underwriting and collection practices it was subject to a heightened risk of adverse actions by Chinese regulators; (vii) the Company's largest sales platform and strategic partner, Alipay, and Ant Financial, could unilaterally cap the APR for loans provided by Qudian; (viii) the Company had failed to implement necessary safeguards to protect customer data; (ix) data for nearly one million Company customers had been leaked for sale to the black market, including names, addresses, phone numbers, loan information, accounts and, in some cases, passwords to CHIS, the state - backed higher - education qualification verification institution in China, subjecting the Company to undisclosed risks of penalties and financial and reputational harm; and (x) as a result of the foregoing, Qudian's public statements were materially false and misleading at all relevant times.

Lawyers for the defendants contend that the patent issued for the Luvs diaper is invalid because it was not the result of any breakthroughs, but was rather an imitation of previous attempts to design the best diaper.

The resulting code is the basis of the modern so - called «inquisitorial system» of criminal courts, used in France and many civil law countries, though significantly changed since Bonaparte's day (especially with regard to the expansion of the rights of the defendant).

For Grand Jury indictments specifically: while grand juries result in indictments approximately 100 % of the time, grand juries will tend to indict much less frequently if the defendant is a police officer.

Giving further testimony, Danladi said: «The result of the extraction report clearly showed that the defendant was conveying money to judges of various the courts.»

While employed as a tax preparer at Pro-File Tax and Insurance Coalition, formerly known as Capital Tax Service, on Hertel Avenue in the City of Buffalo, the defendant submitted fraudulent returns on behalf of 35 clients, resulting in $ 10,618.20 in refunds within a single calendar year.

That allegedly resulted in an arrangement in which Glenwood, Silver and the law firm agreed to a «side letter» consenting to Silver's «continued receipt of fees from Glenwood, without acknowledging the defendant's financial interest in retainer agreements between Glenwood and the Goldberg Firm.»

At the resumed of the case, counsel to the EFCC Mr Oluwaleke Atolagbe informed Justice Baba Yusuf that he had made serious efforts through the EFCC to contact the DSS to produce the first defendant in court and regretted that as at the time the court was sitting his efforts did not yield fruitful result.

The arrest of the defendant resulted from an investigation conducted by the Rockland County District Attorney's Office Special Investigations Unit.

According to a summary of the indictment, provided to reporters, «the majority of sales took place in broad daylight in residential neighborhoods in Harlem and East Harlem... the defendants received more than $ 52,000 as a result of the firearms purchases during the investigation.»