Sentences with phrase «taking of the plaintiff»

Robert Hobgood rules that the state's plan violates the contract clause in the U.S. Constitution and «amounts to an unconstitutional taking of plaintiffs» property rights in their existing contract,» which violates the state constitution.

Retroactively abolishing tenure for teachers, Hobgood said, violates the contract clause in the U.S. Constitution and «amounts to an unconstitutional taking of plaintiffs» property rights in their existing contract,» which violates the state constitution.

The test for infringement is whether there has been a substantial qualitative taking of the plaintiff's song.

The court might also want to reconsider whether use of the borrowing by the defendant, and not just the amount taken of the plaintiff's work, should also be a factor in infringement analysis.

The original case Diviaio v Kelly was dealing with a request for the number of photographs taken of the plaintiff and if these had been disseminated outside the CIA.

Not exact matches

Rich Palma, president of Golden Pear Funding, said plaintiffs who take out advances receive better protection than borrowers may in other lending situations, because their own lawyers typically review, and often sign, advance agreements.

In fact, in December 2017 a Virginia district court judge ruled against a female plaintiff in a lawsuit alleging sex discrimination, sexual harassment, and retaliation against defense contractor BAE Systems, in part, because she «did not take advantage of BAE's harassment reporting procedures of which she was well aware.»

If the plaintiff can prove that had the defendant not taken the music, if that was an infringement, then the plaintiff is going to argue that all those sales of the «Stairway» song should have been their sales, because it's the same song, it's their music.

The Neighborhood Economic Development Advocacy Project (NEDAP), which brought the suit against Chase on plaintiffs» behalf, says banks shouldn't be willing to let online payday lenders take money out of customer accounts in states where such loans are illegal.

When news broke in 2015 of Volkswagen's massive diesel emissions - cheating scandal, Hagens Berman was the first firm in the nation to file suit against the automaker for its egregious fraud, going on to represent thousands of owners in litigation and take a leading role on the Plaintiffs» Steering Committee that would finalize a $ 14.7 billion, record - breaking settlement for owners.

The Ninth Circuit took a similar approach in Berson v. Applied Signal Technology, Inc., and ultimately fashioned a standard for loss causation in Nuveen v. City of Alameda when it held that a plaintiff can establish loss causation «by showing that the defendant misrepresented or omitted the very facts that were a substantial factor in causing the plaintiff's economic loss.»

The news story and independent lab tests of various cheese products took much of the leg work from the plaintiffs in preparing lawsuits against major cheese manufacturers and retailers.

In answer to plaintiff's demands based on alleged unfair competition, defendant denies that there is any fraudulent similarity in the bottles, cartons or packages containing his sauce, which might cause it to be taken for that of the plaintiff.

Publication of the editorial came on the same day as two other events of note, first, the release of a new book, Back in the Game, in which sports neurologist Jeffrey Kutcher and award - winning journalist Joanne Gerstner repeatedly and pointedly criticize the media for «irresponsible» reporting on CTE, and second, the filing of a class action lawsuit in federal court in Los Angeles against Pop Warner, USA Football, and the National Operating Committee on Standards For Athletic Equipment (NOCSAE) which assumes as scientific fact that repetitive head impacts sustained in youth football «exposed» plaintiffs» sons to CTE, and led one to engage in «erratic and reckless behavior» resulting in his untimely death, and the other to take his own life.

There are also cases of other law - enforcement agencies taking related actions, such as Immigration and Naturalization Service (INS) arresting and deporting back an in - coming witness or plaintiff who has valid court papers and visa.

A federal judge in New York tossed out a sweeping lawsuit that sought to make marijuana legal under federal law, ruling that the plaintiffs had failed to take the necessary first step of asking the DEA to remove cannabis from its list of dangerous substances.

Even if Silver was taking the money and not detailing it — he recently admitted the $ 650,000 in outside earnings he listed on his 2013 disclosure form included private law clients in addition to payments from Weitz & Luxenberg, a large plaintiff's firm — a failure of disclosure is not a federal offense.

The plaintiffs, Sue Evenwel and Edward Pfenninger, argued that district populations ought to take into account only the number of registered or eligible voters residing within those districts as opposed to total population counts, which are generally used for redistricting purposes.

An attorney representing Republican interests on the state Board of Elections, Todd Valentine, argued that none of the plaintiffs had standing to bring the suit or were actually injured — as all state politicians compete under the same rules and can take the vast LLC donations.

The plaintiffs, however, denied the assertion that the relocation of 2nd and 3rd defendants from the USA to Ghana was for them to look after their son and further denied that their son was physically challenged, for him to be taken care of.

The plaintiff noted that the Asset Management Company of Nigeria (AMCON) had taken over the airline on Feb. 8 which was challenged by its management via two suits already pending before the Federal High Court, Lagos.

The plaintiffs» attorneys contend the accumulation of PFOA in the bodies of their clients, including children, will take years to dissipate and has increased the risks of serious diseases, including certain types of cancer.

«Plaintiff has been severely prejudiced by the destruction of documents that could have shown the extent of the involvement of high state officials in adverse actions taken against Wandering Dago by state agencies.

The Plaintiff's Counsel, Dr Abayomi said «This suit was instituted to challenge the unlawful process by which the state government and other respondents are taking to issue a N50 billion bond without due compliance with relevant laws of the land».

Initially, Lamberth didn't take favorably to the standing of the plaintiffs, who at first were a broader group including embryos as well as an organization, Nightlight Christian Adoptions, that provides embryo - adoption services.

Legal experts have predicted that the plaintiffs will lose in the appeals court and will take their case to the U.S. Supreme Court, where their chances of success also seem slim.

none Spends millionaire dating sites free youth court nominal divorce hearing upon the plaintiff any rights that they may have thought of her taking home a lot of money in the process of confronting.

Her powerfully - grounding performance is matched in intensity by those of Abigail Breslin as the taken for granted Anna; Sofia Vassilieva as the wasting away Kate; Jason Patric as the stoic family patriarch; Evan Ellingson as the brooding big brother; Alec Baldwin as a vulnerable crusader for the underdog; and Joan Cusack as a judge concerned about the best interest of the plaintiff.

Taking audience questions about American Violet at the Telluride film festival, she alleged that even after district attorney John Paschall settled out of court with her and the other plaintiffs in an ACLU suit, he enforced an informal employment blacklist against her in her hometown of Hearne, Texas.

The plaintiffs took great pains to explain away the previous provision of the state constitution, which explicitly authorized the legislature to «encourage» education «by all suitable means.»

This paper examines the nature of and reasons for courts» increasing separation of powers concerns and then briefly explores what lessons adequacy plaintiffs might take away for use in future litigation.

Counsel for the plaintiffs in the Martinez and Vergara cases took the The Wall Street Journal: Poor Children Need a New Brown v. Board of Education.

Superintendent - elect Glenda Ritz is a plaintiff in the case but says she plans to withdraw so there won't be a conflict of interest when she takes office in January.

The plaintiffs could not challenge in a quo warranto claim any action taken by Paul Vallas in his capacity as superintendent of schools, or make any claim concerning his performance in office.

Plaintiffs» attorney Joshua Lipshutz took over, returning to a familiar territory about the impact of effective teachers in the classroom.

In this brief, on pages 45 and 46, plaintiffs ask the court to take one of two «Alternatives.»

Of primary issue will be the following (as taken from Judge Smith's Summary Judgment released yesterday): «Plaintiffs [will continue to] challenge the use of EVAAS under various aspects of the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.&raquOf primary issue will be the following (as taken from Judge Smith's Summary Judgment released yesterday): «Plaintiffs [will continue to] challenge the use of EVAAS under various aspects of the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.&raquof EVAAS under various aspects of the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.&raquof the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.&raquof sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.»

These plaintiffs seek to protect the public schools» monopoly on education by blocking the school house doors to prevent low - income families from taking their children out of public schools in order to attend private schools.

Plaintiffs alleged in their lawsuit that HB7069 took away some of the constitutional powers to make decisions about public schools and undermined local control of public schools.

He has several secretaries who take notes from his conversations with commanders, ordinary soldiers, ulema and plaintiffs and there is always the crackle of wireless sets as commanders around the country communicate with him.

The plaintiffs who are accusing Apple (NSDQ: AAPL) and publishers of fixing e-book prices say they don't have to show an actual meeting took place.

«At the core of the plaintiff's lawsuit is the idea that these companies have long known about risks of their products... yet they took a course of action that resisted regulation and sought to keep them on the market as long as possible,» said Burger, the Columbia climate law expert.

Yet according to Judge Combs - Greene, to call someone's work «a sham or to question his intellect and reasoning is tantamount to an accusation of fraud (taken in the context and knowing that Plaintiff's work has been investigated and substantiated on numerous occasions)» (emphasis added).

Dave Anderson, one of the authors, said that the report might «provide fodder» to those such as state attorneys general or private plaintiffs taking legal steps to force the industry to more fully describe the risks of climate change to shareholders, or even to compensate for damages that ensued from emissions.

As a member of the large plaintiff group in Massachusetts v. EPA, we celebrated the Supreme Court's April 2007 decision declaring CO2 a pollutant under the Clean Air Act and ordering the Environmental Protection Agency to take the next step toward regulation by making what's called the «endangerment finding» — an agency determination that a pollutant «endangers public health and welfare,» leading directly to controls on that pollutant.

«At the core of the plaintiff's lawsuit is the idea that these companies have long known about risks of their products... yet they took a course of action that resisted regulation and sought to keep them on the market as long as possible.»

This was great to know that my actions as well as the other plaintiffs of taking this big polluter to court to reduce its air pollution can make a difference.

If the plaintiff can not rebut those alternative facts, the court may take them as true for the purpose of this stage and the competing sets of facts will be used in a trial.

Colour me cynical but from the posts I've been reading here at WUWT, I'm wondering if the Plaintiffs» lawyers thought «This case hasn't got a hope of succeeding but there's some dough in it so we'll take it on».

Former ExxonMobil CEO Rex Tillerson, Donald Trump's pick for Secretary of State, is set to be deposed today by lawyers for a group of 21 young plaintiffs, aged 9 to 20, who filed a lawsuit claiming the U.S. government failed to protect their rights to life, liberty, and property by not taking action to halt global warming.