Sentences with phrase «trial court judgment in»

Court reversed trial court judgment in favor of plaintiffs, holding that defendants could not be held liable for conspiring to interfere with contractual relations because they were a party to the contract.

Not exact matches

Following the review's publication, Bishop Peter Hancock, the Church of England's lead safeguarding bishop, said: «At the heart of this case was a judgment, on the balance of probabilities, as to whether, in the event that her claim for compensation reached trial, a court would have concluded that Carol was abused by Bishop Bell.

«Paraclete» is a forensic term for the lawyer or counselor who acts for a client on trial.43 Accordingly, the Paraclete was the one who stood up in Jewish court for the disciples under accusation and threat of judgment.

Following the lead judgment taken by Justice Walter Samuel Onnoghen, which held that the CCT was properly constituted to exercise jurisdiction over Saraki's trial, Saraki through his Special Adviser on (Media and Publicity), Yusuph Olaniyonu said «after listening to the ruling of the Supreme Court in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his apCourt in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his apcourt in the country on the six grounds of his appeal.

There had been a rush to judgment at the time of the trial which had the boys tried and convicted in the court of public opinion by everyone from Mayor Koch to Donald Trump who called for the death penalty in a full page ad in the New York Times.

«The court cites no legal authority for any of its breathtakingly sweeping orders requiring the State to, in effect, change numerous key educational policies so that they will be, in the trial court's judgment, «rationally, substantially, and verifiably» connected with educational need,» it says.

In addition, at any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered.

The order just entered by the Virginia Supreme Court was simply a formal statement for the record that, for the reasons stated in the April Opinion rendered by the Supreme Court, the trial court's judgment was affiCourt was simply a formal statement for the record that, for the reasons stated in the April Opinion rendered by the Supreme Court, the trial court's judgment was affiCourt, the trial court's judgment was afficourt's judgment was affirmed.

With no billable hours to measure, no depositions to observe, no summary judgment motion results to track, and no trial results to either celebrate or anguish over (and I know, the better lawyer often loses in court), pretty much all the evaluations are «soft» ones.

After summarising the CJEU's decision, the judgment notes that the response of the EU Court will be «of great utility» in determining the absolute content of the fundamental right to a fair trial as protected by the Constitution.

First, the Court mentions the ECtHR judgment in Sejdovic v. Italy (§ 82 et seq.), where the Grand Chamber explained that there is no violation of Article 6 ECHR if the person freely and unequivocally waives the right to be physically present at the hearing and is defended by counsel at trial.

In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.

58 It is apparent, furthermore, from the case - law of the European Court of Human Rights that the right to a fair trial, guaranteed by Article 6 (1) of the European Convention on Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, which corresponds to the second paragraph of Article 47 of the Charter, does not preclude «summons by public notice», provided that the rights of those concerned are properly protected (see Judgment of the European Court of Human Rights in Nunes Dias v Portugal [2003], Reports of Judgments and Decisions 2003 - VI).

In STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case laIn STC 148/2016 and STC 223/2016, the SCC found that a court had breached the fundamental right to a fair trial of the claimant consumer by suspending an individual action brought by the consumer pending a final judgment concerning an ongoing collective action brought by a consumer association, in manifest breach of CJEU case lain manifest breach of CJEU case law.

In 2009 the Federal Courts Rules were amended to expand the availability of summary judgment and summary trial options.

In a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor of CNIn a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor ofCourt agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor ofcourt for entry of judgment as a matter of law in favor of CNin favor of CNH.

Post-trial motion work to ensure relevant issues and documents are included in the official record of the trial court, including motions for new trial and motion for judgment notwithstanding the verdict

Each of the lawyers at Rosenbaum & Wootton, P.C. have experience in jury trials, court trials, alternative dispute resolution, and the procedures required to present your case and obtain a favorable judgment.

The trial court subsequently entered summary judgment in favor of the defendant dismissing plaintiff's complaint with prejudice.

In this role Carrie also coordinates and drafts summary judgment motions and motions in limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representativeIn this role Carrie also coordinates and drafts summary judgment motions and motions in limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representativein limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representativein state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representativein multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representatives.

In reasons for judgment released today, the BC Court of Appeal overturned the order of a Master denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an adjournment of an impending triaIn reasons for judgment released today, the BC Court of Appeal overturned the order of a Master denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an adjournment of an impending triain circumstances where the plaintiff was successful in obtaining an adjournment of an impending triain obtaining an adjournment of an impending trial.

She has been recognized by the Court for her success in winning a prisoner civil rights jury trial, and has secured favorable summary judgment decisions in multiple cases.

In particular circumstances a person may request that the trial court modify the judgment of dissolution after it has been entered.

Following trial in December 2007, the federal district court on January 16, 2008 awarded judgment to Judge Kendall, held the Commission lacked authority to remove members of the judiciary, and permanently enjoined the Commission from proceeding against Judge Kendall.

Client then won a county bar fee arbitration and a later superior court bench trial against attorney, where attorney got no relief (and in fact an indication that client overpaid after prior judgment enforcement although client never cross-complained).

As a result, the court reversed the $ 2 million judgment and remanded the case back to the trial court for entry of judgment notwithstanding the verdict in favor of our client.

After reserving its decision for ten months, the Supreme Court of Canada upheld the trial judgment — in part.

In reasons for judgment released this week, the Court of Appeal in Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury noticIn reasons for judgment released this week, the Court of Appeal in Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury noticin Donaldson v. Dorworth, 2017 BCCA 236, dismissed the plaintiff's appeal of the trial judge's decision to uphold the defence jury notice.

She is also experienced in handling real property and UCC foreclosures, defending clients against lender liability, sham guaranty, and unfair business practices and specializes in enforcing and collecting judgments at both the trial court and appellate court level.

The appellate court agreed with the brothers that the trial court erred in entering summary judgment based on its finding that concrete is not defective after finding that «the caustic properties of concrete are common knowledge and not subject to liability.»

In Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - MarIn Salvas v. Wal - Mart Stores, the SJC ruled that a trial court judge erred when he decertified the class action, excluded testimony from the plaintiffs» expert witness, and granted partial summary judgment in favor of Wal - Marin favor of Wal - Mart.

The Court of Appeal upheld a judgment in the trial of L.B., who killed two of her children.

It was thought that it was contrary to this spirit of «full faith and credit» (in Morguard's words, sort of) and administrative simplicity to allow defendants to wait in the bushes while the original court held a trial — even in default of appearance — and then attack jurisdiction only when the judgment came to be enforced in a place where the defendant had assets.

The Court of Appeal in Combined Air was quite clear that the Rule 20 changes were never intended to dispose of trials altogether, and they expressed the concern that summary judgment motions would be used to create unnecessary delays and add wasted costs for matters which would ultimately be set down for trial regardless.

«Times to summary judgment, time to trial, etc., vary greatly by judge, by court and district,» Byrd said in an email to the ABA Journal.

It will show how long it takes in each court to get a permanent injunction, a summary judgment, a claim construction hearing, a dismissal or a trial.

The Rhode Island Supreme Court recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofCourt recently reversed a lower court's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofcourt's decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter ofcourt to enter judgment in favor of the defendant as a matter of law.

While it will be interesting to follow how this summary judgment motion progresses, this case illustrates that the expanded evidentiary powers on a summary judgment allow the Court to require that further oral evidence be adduced to assist with determining whether a genuine issue requiring a trial exists, even where the matters in dispute deal with complex technical issues.

The judgment of dismissal carried enough jurisdiction, so to speak, so that the award of costs was a proper incident to the trial court's power to adjudge the jurisdictional defense in the first instance.

On appeal, the plaintiffs assert that the trial court erred in entering summary judgment for two reasons.

Thus, the trial court granted summary judgment in favor of the plaintiff.

In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.In this slip and fall action, the trial court granted Appellee Wal - Mart's motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal - Mart had actual or constructive notice of a dangerous condition.

The trial court agreed and granted summary judgment in favor of the water company.

Jeff represents a range of clients, large and small, and he has won dismissals, summary judgment and at trial in state and federal courts on clients» behalf.

We were retained by Bentley Systems, Inc. in this commercial dispute from Madison County, Alabama, involving an asset purchase agreement where the trial court entered judgment against Bentley on its counterclaim for breach of contract.

Ultimately, the trial court granted summary judgment in favor of the Bank because there was no evidence that Diaz ever provided medical clearance from a doctor that would allow her to return to work.

While the other side will sometimes waive recovering these costs if you do not prevail, in particular if you agree not to appeal the trial court judgment, there is no guarantee.

Barking Hound argued that the trial court erred in not granting summary judgment on this claim because the plaintiff had failed to present evidence that the deceased dog had actual market value, which Barking Hound contends is the sole form of damages recoverable.

While the Supreme Court is right to recognize the traditional balance struck by extensive pretrial process and the conventional trial «needs to be re-adjusted,» it is arguable by alluding to motions for directions and sanctioning motions to stay or dismiss improper summary judgment motions, the more immediate re-adjustment brought about by Hryniak will be an increased number of motions in the run - up to summary judgment.

But the defendant later had reason to smile when an appeals court vacated the judgment in his case and ordered a new trial after Wilson's actions came to light.