The Small Claims Wizard
supports plaintiffs and defendants who wish to be self - represented and at the same time want legal guidance in commencing, defending, litigating, enforcing and settling a claim.
Not exact matches
e) Even if the
defendant's negligence created causal uncertainty
and the
plaintiff has adduced some evidence in
support of its theory of causation, the trial judge is not obliged to draw an inference of causation against the
defendant: Benhaim at para. 42.
Despite significant medical testimony in
support of
plaintiff's case
and in spite of enormous emotional impact of the death of a young woman who left a widower
and a young son, Kevin obtained a
defendant's verdict
and then was able to protect the verdict at the Appellate
and Supreme Court level.
With the
support of fellow BROKE members Dutton filed his mid-December application for a summary judgment to include dismissal of Kinder Morgan's damage claims
and an «Order for special costs payable by the
Plaintiff to the
Defendant.»
«Nothing in this order shall prevent the
plaintiff and defendant from being fully discharged from the debts allocated in this order in a bankruptcy proceeding except for any orders expressly for spousal
support ann the following debts.»
[40] I agree with the
plaintiffs that the case law
supports the proposition that, notwithstanding there was no written agreement between the
plaintiff and the
defendants, the
defendants breached their duties of loyalty, good faith
and avoidance of conflict of interests
and self - interest while working in the
plaintiff's employ... [more]
Link transcript passages to
supporting documents to see all pertinent information in one place,
and categorize them as
plaintiff or
defendant to tie all the pieces of your case together.
The Court of Appeal set aside the dismissal where the
plaintiff continued to move the action along, participated in examinations for discovery before
and after the action was dismissed,
and actions taken by the
defendants» counsel did not
support actual prejudice or reliance on finality.
Florida laws
support plaintiffs» rights to recover from negligent
defendants,
and the experienced South Florida wrongful death attorneys at Friedman, Rodman & Frank have the knowledge
and skill to seek the compensation that you deserve.
After more than two years of protracted
and contentious litigation, Justice David Schmidt granted the
defendants» motion for summary judgment finding that the
plaintiff was unable to
support her allegations with any evidence.
[59] The
defendants rely on Mak v. Eichel, 2008 BCSC 1102,
and Vasilyev v. Fetigan, 2007 BCSC 1759, in
support of their position on the issue of gaps in the
plaintiff's reporting to her physician
and the inference to be drawn.
Relying on the fair use doctrine, we are posting substantive filings in White v. West here: 02/22/2012 - Class Action Complaint 04/06/2012 - Memorandum in
Support of
Defendant's Motion to Dismiss (filed by Reed Elsevier) 04/06/2012 - Memorandum in
Support of
Defendant's Motion to Dismiss (filed by West Publishing) 04/26/2012 - Memorandum in Opposition to
Defendants» Motions to Dismiss (filed by White
and Elan) 05/07/2012 - Reply Memorandum in
Support of
Defendant's Motion to Dismiss (filed by West Publishing) 05/07/2012 - Reply Memorandum in
Support of
Defendant's Motion to Dismiss (filed by Reed Elsevier) 05/17/2012 - Order Granting Motion to Dismiss (Signed by Judge Jed S. Rakoff on 5/16/2012) 05/22/2012 - Transcript of Proceedings held on 5/16/2012 05/30/2012 - Answer to Complaint (filed by West Publishing) 05/30/2012 - Answer to Complaint (filed by Reed Elsevier) 06/26/2012 - Amended Complaint (filed by White) 07/10/2012 - Answer to Amended Complaint (filed by West Publishing) 07/13/2012 - Answer to Amended Complaint (filed by Reed Elsevier) 10/05/2012 - Memorandum in Suppport of
Plaintiff's Summary Judgment Motion (filed by White) 10/05/2012 - Memorandum in Suppport of
Defendant's Summary Judgment Motion (filed by Reed Elsevier) 10/23/2012 - Memorandum in Opposition to
Plaintiff's Summary Judgment Motion (filed by West Publishing) 10/23/2012 - Memorandum in Opposition to
Defendants» Summary Judgment Motions (filed by White) 10/23/2012 - Memorandum in Opposition to
Plaintiff's Summary Judgment Motion (filed by Reed Elsevier) 11/02/2012 - Reply Memorandum in
Support of
Defendant's Summary Judgment Motion (filed by West Publishing) 11/02/2012 - Reply Memorandum in
Support of
Plaintiff's Summary Judgment Motion (filed by White) 11/02/2012 - Reply Memorandum in
Support of
Defendant's Motion for Summary Judgment (filed by Reed Elsevier) 11/30/2012 - Transcript of Proceedings Held on 11/20/2012 02/11/2013 - Order Granting
Defendants» Motions for Summary Judgment (Signed by Judge Jed S. Rakoff on 2/8/2013)
The
plaintiff felt trapped in her position at the corporate
defendant, as she was financially dependent on the job to
support her daughter
and herself.
The Court noted that «some of the
plaintiff's initial negotiating positions were clearly inflated» but ultimately it was reasonable for the Plaintiff to refuse the Defendant's offer and proceed to trial in the face of medical evidence supporting her alleged claim of chronic pain and related di
plaintiff's initial negotiating positions were clearly inflated» but ultimately it was reasonable for the
Plaintiff to refuse the Defendant's offer and proceed to trial in the face of medical evidence supporting her alleged claim of chronic pain and related di
Plaintiff to refuse the
Defendant's offer
and proceed to trial in the face of medical evidence
supporting her alleged claim of chronic pain
and related disability.
Furthermore, the
defendants had an opportunity on the mediation to canvas fully with the
plaintiff's legal advisers the extent of the
plaintiff's claim
and the evidence at trial which would be advanced to
support the claim.
Specifically, the Judge stated that the jury would be instructed about the data loss
and that the lost data affirmatively would have provided information relevant to the claims
and defenses;
defendant would be precluded from offering certain evidence in
support of its defense;
plaintiff would be able to re-depose, at
defendant's cost,
defendant's key witnesses about belatedly produced «substitute» data;
and defendant would be responsible for 75 % of the Special Master's fees
and costs
and 50 % of
plaintiff's attorneys» fees incurred during the Special Master proceedings.
[40] I agree with the
plaintiffs that the case law
supports the proposition that, notwithstanding there was no written agreement between the
plaintiff and the
defendants, the
defendants breached their duties of loyalty, good faith
and avoidance of conflict of interests
and self - interest while working in the
plaintiff's employ.
If a
defendant has pleaded that a clam is statute barred
and the
plaintiff intends to try to get around the limitation period by relying on discoverability, the
plaintiff needs to plead the facts that
support the discoverability argument in a Reply or otherwise (Collins v. Cortez, 2014 ONCA 685).
Judge Koh wrote in her decision that the court «is not convinced that Marsh can be extended to
support Plaintiff's contention that
Defendants should be treated as state actors subject to First Amendment scrutiny merely because they hold out
and operate their private property as a forum for expression of diverse points of view.»
The
plaintiff must give the
defendant copies of the divorce papers, including one copy of the Complaint, one copy of the Summons
and Preliminary Injunction, one copy of the Child
Support Affidavit, two copies of the Acknowledgment of Receipt of Summons
and Complaint (after completion of the caption),
and a stamped, self - addressed envelope.
In Weiler v. Household Finance Corp., the district court held that (1) the
plaintiff was not disabled under the ADA; (2) the
defendant reasonably accommodated the
plaintiff;
and (3) the ADA does not
support claims of supervisor liability.
Due to the complexity of such disputes, our tax practice offers litigation
support and expert testimony for both
plaintiff and defendant positions with regard to tax abatement proceedings.