Sentences with phrase «underlying facts of each case»

Whether it is a defective tire, a poor braking system, an overworked truck driver or the improper location of a guardrail, Jed always digs deep into the underlying facts of each case to ensure that all responsible parties are identified and held accountable for their actions.

The underlying facts of the case are so common that the Plaintiff could have been anyone; while the tortuous path of the case up to the 7th Circuit — years after the underlying foreclosure and bankruptcy — left this Plaintiff financially devastated.

~ It is not appropriate to proceed by special case where the underlying facts of the case are disputed ~

The underlying facts of this case (alleged negligence by the defendant in conducting due diligence of a transaction code - named «Project Pigeon») are less significant than the potentially wide - ranging consequences of the decision for the time within which documents must be served in order to comply with the Civil Procedure Rules (CPR).

Not exact matches

Wagner: While the Intel case is an offshoot of the excess fee and stock drop cases and utilizes many of the same legal theories, I doubt the new complaint will open up new opportunities for the plaintiffs» bar, since its underlying facts are fairly unique, specifically that an individual account plan offered alternative investments.

When considering alternative investments, you should consider the fact that some products may utilize leverage and other speculative investment practices that may increase the risk of investment loss and be illiquid, are not required to provide periodic pricing or valuation information to investors, may involve complex tax structures and delays in distributing important tax information, are not subject to the same regulatory requirements as mutual funds, often charge high fees including incentive fees, and in many cases have underlying investments that are not transparent and are known only to the investment manager.

The clamour by politicians for more powers that follows every terrorist attack (no matter the facts of the case) is draconian and misguided and does nothing to address the underlying political and social conditions that explain why British citizens leave home to join groups like ISIS.

«The legal strategy that we decided was optimum from our point of view was to file the civil suit yesterday, lay out the entire case in a civil suit, seek certain remedies in the civil suit and commence a criminal investigation today on the same basic underlying facts and proceed with the criminal investigation jointly with our federal counterparts.»

In fact, we often never know for sure what the underlying initiating cause of chronic renal failure was in an individual case.

to that level, it might turn out to be the case that the Heartland documents supply evidence that Heartland is, in fact, engaged in coordinated attempts to discredit legitimate science and mislead both the public and decision makers about the underlying scientific facts of human - caused climate change.

«It turns out that Professor Simon was an informal consultant for the plaintiffs» counsel in some of the underlying cases,» Perlman writes, «a fact that Professor Simon only acknowledges in footnote 60.»

I have not found a case that has considered this question in the context of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a criminal prosecution.

The case concerns facts that have happened about thirty years ago, as the underlying dispute between the Italian tax authorities and Belvedere Construzioni concerns the assessment of VAT for 1982.

One additional consideration here — the case reminds me of the need to develop the facts underlying any such claim at the district court.

Though he knows the names of the individuals concerned, Garnier says he does not know enough about the underlying facts or the basis on which the case was put to give a view on whether the Court of Appeal was right to grant the injunction.

Issues arose as to if and when the underlying claims became time barred, which were complicated by the fact that the case handler moved firms at a time when, at least arguably, the claims (or some of them) were not yet time barred.

The UK Supreme Court decision in NML Capital Ltd v Republic of Argentina -LRB-[2011] UKSC 31) confirms that a State is able to raise sovereign immunity as a defence in respect of enforcement proceedings of foreign judgments and awards, even if the underlying proceedings relate to commercial transactions unless the State has expressly waived sovereign immunity as a defence to enforcement (as it had on the facts of that case).

There is no common set of facts or circumstances that underlies all cases of medical malpractice in diagnosis.

Damages, including the fact that the loss of the underlying case was a proximate result of the attorney's claimed negligence

In this case, where the underlying financial structures and the way in which they operate are extremely complex, I should be very concerned indeed if this husband felt in any way inhibited about assisting both me and counsel in the case to reach a full understanding of and clear conclusions about the matters which may well need to be determined as findings of facts.»

Litigants are now incentivized to submit more extrinsic evidence, even in cases where they would not have under the old standard, and hope the district judge will use it to craft a favorable opinion with plenty of citations to underlying facts that must be reviewed with deference by the appellate court.

Parties requesting assistance submit a request form and other relevant information that sets out the nature of the case, the facts underlying the case, and the factual and legal issues that are likely to be addressed.

Nevertheless, fundamentals are good and in fact improving, so in many cases, the quality of the underlying real estate is good and a high price in part reflects the prospect of good future performance.