Sentences with phrase «than the plaintiff»

The words were published, meaning that they were communicated to at least one person other than the plaintiff.

However, the impact of the shoulder injury is much less than the plaintiff contends.

This isn't new — in fact, its likely older than the plaintiff.

Individual consumers can't afford to exercise their legal remedies, while class action claims are usually far more lucrative for plaintiff's lawyers than the plaintiffs themselves.

That the words were published, meaning that they were communicated to at least one other person other than the plaintiff.

Having regard to the fact that the respondent is older than Ms. Sharma, that he has no realistic possibility of obtaining similar employment and that he had a longer tenure of service than Ms. Sharma, but considerably less than the plaintiff in Di Tomaso v. Crown Metal Manufacturing Packaging Canada LP, 2010 O.J. No. 4414, we conclude that an appropriate notice period is 18 months.

Along with the witness who followed Berliner to the stand, Lynda Nichols, a consultant to the California Department of Education, the defense has now called 24 people to testify in the case, two more than the plaintiffs called.

The problem is that these investors now have a stake in the game and may advocate for their own interests rather than the plaintiffs», resulting in a distortion of the legal system.

The nature of his job doing heavy physical work places him in a more precarious position at work than the plaintiff in Rutledge v. Jimmie, 2014 BCSC 41.

Authors Theodore Eisenberg and Michael Heise of Cornell University Law School conclude that two findings dominate: first, appeals courts are more likely to disrupt jury verdicts than bench decisions, and second, trial defendants fare better than plaintiffs on appeal.

I said that the MET research is more consistent with the defendants» case than the plaintiffs».

So it was helpful that the Court had them because I think they tell a different story than the Plaintiffs do.

If the jurors rated similarly situated attorneys equally, as one might expect, the lines on the graphs would appear as a perfect «X.» One would expect the defense attorneys to be rated significantly higher than the plaintiff attorneys when the juries return a verdict in favor of the defendant on all counts and the plaintiff attorneys to be rated significantly higher than the defense attorneys when the juries return a verdict in favor of the plaintiff on all counts.

A defendant in an existing case may file a third - party claim against someone other than the plaintiff because the outcome of the case between the plaintiff and the defendant will affect the rights or responsibilities of that third party.

Today, the Supreme Court decided to let lower courts decide the admissibility of testimony by employees other than the plaintiff regarding workplace discrimination, also known as «me too» evidence, in discrimination cases.

Over 88 % of the verdicts were either outright defense verdicts or were for an amount more favorable than the plaintiffs» final pretrial settlement demand.

Without proof that persons other than the plaintiff visited the defendant's website, clicked on the hyperlinks, and read the articles complained of, there can not be a finding of publication

The plaintiff was off work for a considerably longer period than the plaintiff in Wepryk v. Juraschka, 2012 BCSC 974.

In my view, the plaintiff here suffers headaches more frequently at present than the plaintiff in Sandhu v. Gabri, 2014 BCSC 2283.

Plaintiff's listing of names under the heading «people I wish would die,» did not constitute a threat to the people listed therein anymore than Plaintiff's listing of names under the heading «people that are cool,» make those listed therein «cool.»

The defence was conducted by ICBC, which obviously has much greater financial strength than the plaintiff, but unless it used that strength improperly in this litigation that is a neutral factor: See Vander Maeden v. Condon, 2014 BCSC 677.

[12] Second, Dr. Makin performed what were referred to as inching studies as part of his nerve conduction studies and reached a different diagnosis than the plaintiff's physicians and experts, namely he diagnosed a problem with Ms. Bransford's ulnar nerve.

AB 75 (Budget Bill — Combined Fault): Allows a person or business that is less at fault than the plaintiff to be sued so long as the combined fault of all the persons sued is equal to or greater than that of the plaintiff.

[48] Second, in medical malpractice cases, the defendant is often in a better position than the plaintiff to determine the cause of the injury (p. 322).

[52] My sense is that the plaintiff in the case at bar has suffered a greater degree of pain, disability, emotional suffering, impairment of family and social relationships, and loss of lifestyle than the plaintiffs in the Malcolm and L.A.M. cases.

The case settled for an amount significantly less than the plaintiffs» pretrial demand of more than $ 1 billion.

«Defendant was older than plaintiff.

I'd think it goes beyond the plaintiff's lawyers to the plaintiffs themselves (I say this as someone who does more defence work than plaintiff in this area).

After September 1, 2011, the defendants and plaintiffs in these situations can not recover costs and attorney's fees that total more than a plaintiff's jury verdict.

Plaintiff's expert acknowledged that there were competitors in the relevant market other than plaintiff and defendant, however, he stated that he was unable to identify market share data that... LEARN MORE

Over 500 separate verdicts were returned during the course of the trial, and with 3,000 claims still being tried, the case settled for an amount significantly less than the plaintiffs» pretrial demand.

The Defendant argued that the statements did not meet the legal test of defamation because they were not «published» — i.e. they were not communicated to at least one person other than the Plaintiff.

Defense counsel seem to forget this more than plaintiffs, but maybe that is just my bias.

Persons other than the plaintiff or defendant who are brought into a case.

«In just 15 percent of cases,» the NYT reports, «both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more than the defendant had offered.»

The legal basis for claiming punitive damages based on a systemic practice is found in Whiten v Pilot Insurance Co. 1 In Whiten the Supreme Court of Canada upheld a $ 1,000,000.00 punitive damage award against the insurance company Pilot's denial of the claim was designed to force the plaintiff to make an unfair settlement for less than the plaintiff was entitled to.

«The Upcoming Supreme Court Argument Involving Punitive Damages Awards and Big Tobacco: Can These Awards Be Based on Injury to Persons Other than the Plaintiff?»

No attorney or anyone other than the plaintiff and the defendant are allowed to take part in a case in small claims court.

Based on these charts some clear trends emerge: AmLaw100 firms traditionally handle a higher percentage of cases on the defense - side (about 35 - 45 %) than the plaintiff - side (about 10 - 30 %).