Sentences with phrase «trial in cases where»

The purpose of summary judgment motion is to obtain a just, speedy, and inexpensive resolution by avoiding a trial in cases where there is no genuine factual dispute.
For example, Webber (who is «at the very top of his game») is regularly called on to advise clients on cerebral palsy and spinal injury cases; he recently secured a favourable outcome for a client on the eve of a trial in a case where the defendants had previously denied liability.

Not exact matches

«But in a case like PRP's, where our capital needs kept getting greater the closer we got to clinical trials, we really needed to be increasing Dr. Chao's coverage.»
But it can now be used for Jewish detainees in cases where there is insufficient evidence to go to trial or if the suspect refuses to testify.
The case has seen numerous twists and turns over the past three years, but it's finally set to come to trial in Pinellas County, Fla. — where Hogan lives — on July 6.
I took a German reporter through the Scopes Trial museum a few weeks ago, where she paused at the tiny glass case in the back dedicated to Cherokee memorabilia and said, «In Germany, they do not let us forgein the back dedicated to Cherokee memorabilia and said, «In Germany, they do not let us forgeIn Germany, they do not let us forget.
Such crime if it took place any where in our Islamic lands and was caught for the crime... he will be torn to pieces there and then with out trial since trials are supposed for those who are suspected and not proven guilty... but as a case that is as plain they should have condemned him to worst death with out any need for court trials... But by being soft on the issue and giving ear to such junk you open doors for those copycats whom seek fame... That is only fair and secure..
In its appeal to the Full Court, Prysmian argued that the trial judge erred in finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismisseIn its appeal to the Full Court, Prysmian argued that the trial judge erred in finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein finding that it had engaged in cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein cartel conduct in circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein circumstances where the ACCC's case against Nexans SA, another alleged participant in the conduct, had been dismissein the conduct, had been dismissed.
I do think it COULD mean that — but, that sometimes happened to me in the 11 trials where this recipe didn't work — so hopefully that isn't the case!
However, we did have a trial scheme where the community midwife travelled into hospital with the mother and performed the delivery, in the hospital with all the paraphernalia (and backup) readily to hand in case it went wrong.
The Attorney General (AG) filed a nolle prosequi in the case of the two, which had reached the stage where a jury was to be constituted for the trial of Daniel Asiedu and Vincent Bosso.
Cox, who made an appearance earlier in the day the federal courthouse where the Percoco trial is being held, also criticized Cuomo for not making any public comments about the case.
In those cases where it does change a mistrial to a decision, then chances are a new trial would have given the same decision.
The problem: The display, right outside the ceremonial courtroom where the Percoco trial is likely to occur and where jurors may congregate during jury selection, highlights about 30 criminal cases — from Abscam to Bernie Madoff — but not a single one that ended in an acquittal at trial.
Opening statements begin this morning in Libous's trial, where he is accused by federal prosecutors of lying to the FBI in a case stemming from his song Matthew receiving a job at a politically connected law firm.
The lawyers for the three men state that the alleged crimes did not occur in the Southern District of New York, where Bharara brought his case, and that the trial will feature numerous defense witnesses being called who reside in Buffalo.
The prosecutions in the case where two suspects are standing trial before a magistrate court for the murder of former Member of Parliament (MP) for Abuakwa North constituency, Joseph Bokaye Danquah - Adu have failed once again to bring the bill of indictment for the two in order for full trial to begin.
Attorneys for former top Cuomo aide Joe Percoco and three co-defendants in an upcoming Albany corruption trial in Manhattan federal court say a series of posters in the 40 Foley Square courthouse where their clients will be tried features dozens of famous cases from the court's history that could prejudice jurors.
I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.
n respect to the circumstances of this case, nowhere is it said in the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the case.
«The question in these difficult cases is not whether a local prosecutor, including one with understandably close ties to his or her fellow local law enforcement officers, is capable of setting aside any personal biases in deciding whether to, or how vigorously, to pursue the case,» Schneiderman wrote, adding, «the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury.»
In his ruling, Justice Quadri said: «In respect to the circumstances of this case, nowhere is it said in the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the casIn his ruling, Justice Quadri said: «In respect to the circumstances of this case, nowhere is it said in the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the casIn respect to the circumstances of this case, nowhere is it said in the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the casin the ACJA that where the trial judge is unable to be present for proceeding in a matter, the CJ is constrained from re-assigning the casin a matter, the CJ is constrained from re-assigning the case.
«We will not try this case in the press — despite the political overtures and allegations in the indictment — nevertheless my client Mr Ramirez has entered a plea of not guilty to the charges lodged against him and looks forward to a trial where he expects to be vindicated.
«Rather, the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury,» he added.
In the latest trial, reported in the October issue of the Journal of Pediatrics, the vaccine prevented 70 % of severe diarrhea cases on American Indian reservations, where incidence rates are higher than in the general U.S. populatioIn the latest trial, reported in the October issue of the Journal of Pediatrics, the vaccine prevented 70 % of severe diarrhea cases on American Indian reservations, where incidence rates are higher than in the general U.S. populatioin the October issue of the Journal of Pediatrics, the vaccine prevented 70 % of severe diarrhea cases on American Indian reservations, where incidence rates are higher than in the general U.S. populatioin the general U.S. population.
It is critically important to understand how a genetic pathway actually functions and the consequences of interrupting it, especially in this case where there are multiple drug inhibitors of cyclin D being tested in clinical trials for breast cancer.
«We are exploring alternative directions for developing this compound, including potential use of the animal efficacy rule,» Cihlar said, referring to a regulatory mechanism under which the U.S. Food and Drug Administration may consider efficacy findings from adequate and well - controlled animal studies of a drug in cases where it is not feasible or ethical to conduct human trials.
In any case, the change was quite small and it's worth pointing out that this was another trial where myo inositol weight loss did not occur (Minozzi et al. 200827).
After suffering from horrible cases of bloating as a result of eating gluten and drinking milk, where I would go from having a flat stomach to looking at least five months» pregnant in less than an hour, I decided to trial giving up gluten about six months ago.
From all the clinical trials that I've looked at, there are several studies that have demonstrated the effectiveness of synephrine for weight loss, and in cases where it was effective, it involved very high doses.
Their characters react to the news by traveling from their native Virginia, where interracial marriage was still outlawed in 1958, and getting hitched in Washington, D.C.. From there, though, they experience arrest, trial, forced exile across state lines, kids and, finally, a return to Virginia and their case being heard before the Supreme Court.
And in case you're interested in what longtime investors like Tom and David Gardner have learned, you can always take a free 30 - day trial of their Motley Fool Stock Advisor service — where you'll get in - depth analysis of every stock they've recommended, including their two top stocks for new money now.
Unprejudiced and positive tests are therefore greatly needed, and these can only be found in show and trials under judges who have the common interest so keenly in view that they will allow neither friendship nor personal bias to control the awards; men who will bear ever in mind that upon their decision will greatly depend the future reputation of the animal in the stud, and who will therefore examine carefully each specimen before them, giving due credit to beauty and blood, but in all cases where possible requiring also performance were they pronounce a favorable verdict».
For Theo Goodwin, consider the paper by J. B. Kadane «Toward a more ethical clinical trial», where Prof Kadane presents the case that the use of Bayesian inference can reduce the misallocation of risk in clinical trials.
Clearly, we can invent cases where a person omits or covers up a relevant fact (that patient dying in clinical trials for example) And clearly no one ever includes all the doubts with every statement they make.
Last week, the appeal court head another case where the Crown's line of questioning was deemed improper both by the trial judge and the appeal court, but a retrial wasn't ordered in that case.
One explanation for the long pre-trial delays and high rate of case settling just before trial consists in viewing the litigation process as an information exchange process, up to and leading to trial, where information on liability and damages has been fully exchanged.
Recently there has been a case of the ECHR in which it elaborates on this issue regarding the expulsion of a Jordanian national to his country of origin where he ran the risk of violation of the right to a fair 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.
An accused who was previously eligible for a lenient sentence or who had racked up considerable pre-sentence custody could throw in the towel and make peace with Her Majesty but is now encouraged to take a shot at trial even where he assesses his own chances of winning the case as poor — if you're getting slammed by a mandatory minimum whether you plead guilty or not, you may as well spin the wheel of justice and see what happens.
This is more problematic in criminal trials, where jury questions could provide evidence pushing a case over the threshold of proof needed to prove beyond a reasonable doubt that the prosecution failed to provide, than in civil cases with a preponderance of the evidence standard.
The consequence to our justice system will be increased delays and expenditures as judges, crowns and duty counsel struggle to provide fair trials in complex cases where the stakes are high to self - represented individuals.
However, in cases where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing justice, or in instances of a flagrant abuse of process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.
Therefore all work on their budgets is wasted except in the handful of cases which go to trial and where the claimant fails to beat the Pt 36.
A criminal jury trial is practically unheard of for offences under the Competition Act, because the accused normally plead out so the process is faster, especially in cases like this one, where there is no real case law available under the act, Khoury notes.
MGN also submitted that the judge misdirected himself when he held that there might be cases where a party was justified in continuing to trial even though he had received a favourable offer.
In those instances, civil courts have the ability to stay an action pending resolution of the criminal matter in «exceptional or extraordinary circumstances where there is a real risk that the right to a fair criminal trial will be seriously prejudiced by the continuation of the civil case.&raquIn those instances, civil courts have the ability to stay an action pending resolution of the criminal matter in «exceptional or extraordinary circumstances where there is a real risk that the right to a fair criminal trial will be seriously prejudiced by the continuation of the civil case.&raquin «exceptional or extraordinary circumstances where there is a real risk that the right to a fair criminal trial will be seriously prejudiced by the continuation of the civil case
Acted as appellate counsel in cases where the firm was not trial counsel, including matters involving complex commercial litigation and novel issues of law.
In recent cases it has been noted that AIG or their structured settlement brokers are requiring Attorney's to sign agreements, pre-settlement negotiation where in the trial lawyer agrees to utilize AIG's preferred settlement brokers to handle any potential structured settlemenIn recent cases it has been noted that AIG or their structured settlement brokers are requiring Attorney's to sign agreements, pre-settlement negotiation where in the trial lawyer agrees to utilize AIG's preferred settlement brokers to handle any potential structured settlemenin the trial lawyer agrees to utilize AIG's preferred settlement brokers to handle any potential structured settlement.
This is true, whether it is in a product liability case, any other civil trial or a criminal case where the data contained within the SDM is important to either side.
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