Sentences with phrase «terms against a plaintiff»

Not exact matches

Plaintiff hereby consents to a judgment against him and in favor of the United States Department of Education in the amount of $ 4,800.00 as of December 3, 2012, This consent judgment is subject the terms set forth below.

A judgment is a legal term used when a plaintiff files and wins a civil lawsuit against a defendant.

The plaintiff, however, argued that several aspects of the arbitration agreement were invalid because enforcing the terms went against good public policy.

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaintiff.

[99] I reject the Defendants» argument that by abandoning their defence to the Counterclaim, the Edwards Plaintiffs are thereby disentitled to argue against the Defendants» claim for indemnification for costs based on the terms of the VIA.

He tried a suit against Fayette County Long Term Care which resulted in a $ 1.5 million judgment for the plaintiff.

However, in Gillis v. Eagleson, the stay of the civil suit was ordered on terms designed to safeguard the plaintiff's rights — i.e., that in exchange for a deferral of the civil case against him, Eagleson would have to pay into court $ 40,000 (in 1995, U.S. dollars).

One of the documents to the contract set out a number of terms which limited the liability of the defendant as against the plaintiff for a wide variety of issues, including delay in construction.

Recently, a plaintiff's purported class action against Diet Dr. Pepper went flat when a California federal judge held that the term «Diet» alone on a soft drink label does not constitute a claim that the soft drink will assist in weight loss.

We are therefore of the opinion that the court below no more erred in sustaining this indictment than it did at a former term, at the instance of this same plaintiff in error, in adjudging another bad which was found against him for the same offence by a grand jury composed of twenty - three persons.

The term has its historical roots in the common law tradition where the tort of alienation of affection was a cause of action against a third party adult who «steals» the affection of the plaintiff's spouse.

In the litigation of fault divorce, the term used in the counterclaim to accuse the plaintiff (complainant) of adultery, if initially stated as a ground for divorce against the defendant (respondent).

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized