Sentences with phrase «triable issue of fact»

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

The court found that there was a «triable issue of fact as to whether there is physical harm associated with being forced to receive a shot.»

The allegation of plaintiff that her attorney was chosen and paid for by defendant does not by itself raise a triable issue of fact sufficient to sustain her claim of duress.

It was held that a triable issue of fact is insufficient to set aside a statutory demand: the issue must also disclose a defence.

Ultimately, the court determined that the plaintiff's version of how her injuries were caused was «mere speculation» and did not create a triable issue of fact for the jury.

Despite Leonard's argument that its warnings reduced the likelihood of injury and the fact that the valve had not been inspected for nearly ten years (contrary to the valve's specific instructions to do so every six to twelve months), the Court held there to be a triable issue of fact as to the plaintiff's design defect claim finding little evidence to show that the benefits of the Model 110 valve design outweighed the risk of danger.

Further, the Court held that there was at least a triable issue of fact as to whether the warning attached to the valve was ambiguous.

The California Court of Appeal found that there were triable issues of fact and remanded the case on the issue of whether a decade - old multiple murder had a significant effect on the market value and the seller's awareness of the effect.