Sentences with phrase «successful in a court action»

Generally, if you are successful in a Court action you will be entitled to recover your judicial expenses from the other side.

Not exact matches

«The DOL has created a new private right of action,» said Fleckner, who led Goodwin's successful defense of an excessive fee claim against John Hancock in the 3rd Circuit Court of Appeals in 2014, and was a signatory to an amicus brief filed with the Supreme Court on behalf of the Securities Industry Financial Markets Association in Tibble v. Edison.

Unions have challenged parent choice in the courts, including a lawsuit against vouchers in Florida, a successful action against charter schools in Washington, and a new civil rights lawsuit against charter schools.

Here, the action takes place in family court, where a successful judge faces personal challenges as well as a complicated case that pits faith against medicine.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuIn the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issuin such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuIn the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issuin the 1933 Act and will be governed by the final adjudication of such issue.

Polar bear in the dock - The polar bear was put on the official endangered species list by the US government back in 2008, after a previous successful court action.

Assisting with Davies v Davies [2014] EWCA Civ 568, a proprietory estoppel claim over a farm, livestock and business worth in excess of # 4million, in relation to successful initial High Court action and defence in the Court of Appeal.

Alternatively, if the matter proceeds in the Supreme Court, it is open to the defendant to ask that a successful plaintiff be denied costs on the basis that there was not sufficient reason to bring the action in the Supreme Court in the first instance.

Condominium Plan 9320022 v. Acta General Inc., 2009 ABQB 623, [2010] AWLD 130 I represented the plaintiffs of a related action in this successful application which sought approval from the Alberta Court of Queen's Bench for settlement between some of the parties in the form of a Pierringer agreement.

The claim makes a point in para. 12 of noting that Tasini was also the lead plaintiff in the class - action, New York Times Co. v. Tasini, 533 U.S. 483 (2001), which was successful at the Supreme Court of the United States in finding that the New York Times could not license freelance journalist work in back issues of electronic databases.

After the conclusion of a civil trial in Hong Kong, an unsuccessful party to an action will usually be ordered by the court to pay the majority of the legal costs incurred by the successful party.

Successful defense of over $ 40 million in claims for breach of an alleged partnership agreement, fraud and breach of fiduciary duty against a large Southern California homebuilder in a multi-state litigation, including a six week jury trial, two state court appeals, a Ninth Circuit appeal, an Idaho state court action and appeal to the Idaho Supreme Ccourt appeals, a Ninth Circuit appeal, an Idaho state court action and appeal to the Idaho Supreme Ccourt action and appeal to the Idaho Supreme CourtCourt.

The second legal proceeding asks the Quebec Superior Court for certification as a class action for the purpose of seeking reimbursement of government processing fees in the event that the first legal proceedings is not successful.

Notable mandates: Defence of class actions in the health - care sector; acted for the government of the Northwest Territories in its successful defence at the Supreme Court of Canada of a fatality claim arising from the death of nine miners; represented a large number of former residential schools victims in their claims; acted for the vendor in a transaction involving the sale of 120 rehabilitation and physiotherapy clinics across Canada

Examples include serving as lead defense counsel on the successful appeal to the Louisiana Supreme Court of a decision certifying a toxic tort class action in Alexander v. Norfolk Southern Corp., 82 So.3 d 1234 (La. 2012).

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

Research and briefing associate on a successful appeal in the U.S. Court of Appeals for the Tenth Circuit that affirmed judgment in favor of corporate timberland owner in an action involving claims of trespass by the landowner and claims of adverse possession made against that owner.

Research and briefing associate on a successful appeal in the U.S. Court of Appeals for the Tenth Circuit that reversed a dismissal by the trial court in an action seeking to enjoin state court proceedings pursuant to the Anti-InjunctionCourt of Appeals for the Tenth Circuit that reversed a dismissal by the trial court in an action seeking to enjoin state court proceedings pursuant to the Anti-Injunctioncourt in an action seeking to enjoin state court proceedings pursuant to the Anti-Injunctioncourt proceedings pursuant to the Anti-Injunction Act.

Platt v. Platt Ref: [1999] 2 BCLC 745 (first instance); [2001] 1 BCLC 698 (Court of Appeal) Acted at first instance and on appeal for the successful former shareholders in an action against a director who purchased their shares on the basis of misrepresentations and / or non-disclosure and / or in breach of his fiduciary duty.

Notable mandates: Acted for Soltoro Ltd. in connection with its successful disposition by plan of arrangement to Agnico Eagle Mines Ltd.; co-counsel for Trillium Motor World Ltd. in class action against General Motors of Canada Ltd. and Cassels Brock & Blackwell LLP; acted for Canadian Solar Inc. in connection with raising an aggregate of US$ 50 million in equity and US$ 100 million in debt financing for acquisition financing and working capital purposes; external counsel to the Regional Municipality of York, providing a wide range of municipal, real estate, expropriation, litigation, and commercial law advice and services; counsel to minority shareholder of a Nevis LLC worth more than US$ 500 million with respect to a claim for relief from unfair prejudice in litigation in Nevis and the Commercial Division of the Eastern Caribbean Supreme Court in British Virgin Islands, and in contemporaneous related actions in Belize and the United States.

Successful High Court action in defamation against a well known leisure retailer following publication of defamatory statements against an individual.

Successful defense of the Republic of Indonesia and its state - owned agencies and instrumentalities in federal district court and on appeal in actions involving fraudulent banking and securities transactions.

He has been lead counsel in the successful prosecution of class action ERISA claims and in the defense of a class - action wage claim that has industry - wide application and was argued to the Supreme Judicial Court.

P1102900227): Successful defence as lead counsel of a property management company in a wrongful dismissal action at trial in Provincial Court (Red Deer).

Town of Cochrane v. Austech Holdings Inc. (Action No. 1101 - 05026): Successful representation as lead counsel on behalf of the Town of Cochrane in regard to two summary dismissal applications at the Court of Queen's Bench.

Co-counsel for a leading manufacturer of appliances (front - loading washing machines) in the successful opposition of a multi-province consumer class action before all levels of the Ontario courts, and on a leave application to the Supreme Court of Canada

[34]... [the Applicants] state as a fact that a Court which, having agreed that certain government action was inconsistent with the Constitution and having therefore set it aside, will nonetheless be seen to be, and will in fact be, «in bed» with the government if it fails to award the successful applicant its solicitor client costs.

Successful representation of US - based and international clients in federal and state courts in a wide range of matters, including claims of breach of licensing, distribution, franchise, agency, brokerage, long - term supply and manufacturing services agreements; cross-border disputes, and trademark infringement actions on behalf of a fashion house.

Other highlights include securing a third consecutive victory for Credit Suisse in Idaho federal court in July 2016 that defeated all remaining claims in a $ 24 billion class action regarding loans made to developers of luxury resorts, which followed our successful defeat of class certification.

The Court in Perez declined to order that the insurer who defended the action pay the costs of the successful plaintiff.

As a result, subject to a successful appeal to the Supreme Court of Canada — I can't see leave being granted — the action will proceed, for now, on claims which could produce personal liability for Mr. Trump for, at least, negligent misrepresentation and perhaps fraudulent misrepresentation (see the summary in para. 159, particular items (3) and (4)-RRB-.

Before both Mr Justice Jack and the Court of Appeal the employee argued that the clause was not a condition precedent to the payment; instead it was only an ordinary condition giving the employer an action in damages (ie once the amount had been paid); if successful in this, he would then have argued that the employers had not exercised their right to rescind the agreement and so had lost the right to damages.

Successful representation of a leading multinational food company in a wave of false labeling class actions and private attorney general matters filed in California, New York, New Jersey, the District of Columbia, Florida, and other state and federal courts.

We have achieved successful results for clients at every phase of the class action litigation process in both trial and appellate courts, in jurisdictions across the country.

We have achieved successful results for clients at every phase of the class action litigation process in both trial and appellate courts, including obtaining dismissals of class action complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.

Highlights Monitor the progress of various clients and institute adjustments when necessary Effectively communicate with parolees, fellow parole officers and representatives of the court Compile and analyze various court reports Ensure full compliance with State regulations and standard operation procedures of the facility Apply strong problem solving skills in different situations Assist parolees in securing jobs and other necessary resources to transition into civilian life Strong public relations skills Proficient in Microsoft Office Experience Probation Officer 1/1/2010 — Present Central Offender Services — Augusta, GA Manage the cases of several different parolees simultaneously Ensure that parolees have access to needed resources to make a successful transition out of the system Maintain an in - depth understanding of the criminal justice system and current and pending laws Hold periodic meetings with paroles to ensure that they are meeting all requirements for their parole Analyze various court reports to determine appropriate courses of action with clients Receive and address parolee issues to help keep them on the right path

While the general rule is that a successful party in a litigation is entitled to costs from the court action, one of the factors judges consider is whether the party behaved... Read more

Karen Conti has been a lawyer for 26 years, and is a member of the Illinois, California, and U.S., Supreme Court bars, She's handled numerous significant cases, including a successful United States Supreme Court appeal for the Cook County Democratic Party, the death row appeals of serial killer John Wayne Gacy, a reversal in the Illinois Supreme Court in an employment discrimination matter, and a wrongful arrest and injury action against the Chicago Cubs and Los Angeles Dodgers.