Sentences with phrase «when defendants»

Namazi Real Estate Corp. v. Johnson (243 A.D. 2d 396)-- broker's motion for summary judgment denied and defendant's cross-motion for summary judgment dismissing the complaint affirmed; broker failed to establish they produced a buyer ready, willing and able to purchase the property at terms set by sellers; parties were not in agreement as to the closing date, the clause entitling defendants to terminate the contract unconditionally, and the date when the defendants would vacate the premises; broker failed to establish that sellers wrongfully or arbitrarily prevented completion of a deal.

One has to wonder, when defendants try to avoid a settlement, whether they will turn on their lawyers.

One has to wonder, when defendants try to avoid a settlement, whether they will turn on their lawyers when they say that they did not know that this was «the finality of the agreement» and that they were mistaken and that they were under duress.

However, TC Heartland did not discuss what was meant by the second prong of the venue statute, i.e. when defendants could be considered to have a «regular and established place of business.»

When defendants fought back, RCDI simply dismissed its claims.

Wealthy people are the most likely targets of lawsuits, and juries tend to award plaintiffs high amounts when the defendants seem to have the means to cover the exorbitant costs.

Fading of memories and loss of institutional knowledge is less of a factor when the defendants take such an active and aggressive role in litigation.

This gives injured plaintiffs an option to immediately pursue personal assets when the defendants who injure them do not carry sufficient insurance to cover the damages they cause.

They also argued that their failure - to - warn claim operated independently from the LIA, because it addressed alleged errors that occurred when the defendants manufactured or sold their products.

When the defendants withdrew their permission for access to the waterfront, the plaintiffs started the action claiming that they had obtained a right based on proprietary estoppel for access to the waterfront.

Having carefully considered the embedding issue, this Court concludes, for the reasons discussed below, that when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff's exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result.

Plaintiffs in Indiana personal injury and wrongful death cases need to be careful when defendants deny responsibility for an accident and claim there is a superseding cause.

[9] When the estimate grew to potentially exceed that upper limit, he was still engaged in pruning his witness list when the defendants concluded that it was appropriate to add further witnesses.

The preparation of Item 4.3 is bracketed, on the one side, by the ten months from when the defendants learned that the plaintiff had retained counsel and by eight months, on the other side, by when the Notice of Civil Claim was ultimately filed.

The Court had to decide when the defendants could begin to manufacture double - agitator machines, and with what features.

It is justified by the benefits gained by the government when defendants plead guilty early in criminal proceedings.

According to the court's written opinion, the plaintiffs were walking near the defendants» home when the defendants» dogs ran toward the plaintiffs, barking and growling.

-- Should Article 22 (4) on exclusive jurisdiction for the Member State of registration of Intellectual Property rights be applied in a situation of interim provisional relief when the defendants question the validity of the patent?

Prosecutors are particularly disinclined to pursue criminal prosecutions when the defendants are elderly and have been law abiding for decades, and when many similarly situated people lived their entire lives and died without being prosecuted.

Yet, when defendants have asked that jurors be instructed on their power of nullification, the requests have been denied.

But there are times when defendants know that's probably not going to happen: The jury is likely to find that the accused committed some kind of crime, even if not exactly what the prosecution charged.

When defendants are high profile clients or corporations, juries tend to go for higher punitive damages in an effort to cripple further medical or financial fraud against the general population.

The case is Dillon v. United States, and at issue is the question of whether the federal sentencing guidelines are binding or only advisory when defendants who were originally sentenced before the decision in United States v. Booker are resentenced pursuant to 18 U.S.C. 3582 (c)(2), after the guidelines applicable to the offense in question are changed.

When the defendants refused to share the sale proceeds with the plaintiff in recognition of her contribution to the coach house, the plaintiff sued the defendants claiming a beneficial interest...

The plaintiff lived in the coach house from 2001 to 2011, when the defendants sold the property.

Wealthy people are the most likely targets of lawsuits, and juries tend to award plaintiffs high amounts when the defendants seem to have the means to cover the exorbitant costs.

Judges should have more of a role when defendants are police officers, Judge Jonathan Lippman said.

Furthermore, even when Defendants were made aware of these problems, they failed to reform their practices or to disclose material information to investors.

But in case after case, the The Times reports, when defendants actually fight back, they've won — because National Collegiate can't produce the paperwork.

Ironically, when Defendant Carter purchased the TIDAL Music Service in 2015, it claimed it would be the first streaming service to pay the artists.

When the defendant goes before a jury, so do our values, our judgments, our experiences, our choices.

This aspect of the legislation is considered particularly controversial, because of concerns about how fair a trail is when the defendant doesn't know who is speaking against him.

The presiding judge also «ordered the registrar to release the passport to the defendant with a caveat that «when the defendant returns he must submit his passport within the 72 hours to the Court Registrar».

Because the cops could never find the murder weapon, the state's case comes apart at the seams when the defendant makes an undisputed accusation that his confession had been beaten out of him by an officer who had been secretly sleeping with his wife.

Answer: No, a criminal defendant «can not engage in courtroom misconduct and then expect to be rewarded with a mistrial or new trial for his or her egregious behavior...» (Legal Profession Blog, No New Trial When Defendant Assaults His Attorney)

A no - recourse loan meant when the defendant won, Walton lost and had no collateral to collect.

This should go to everybody who is currently in court pursuing a personal injury case.Too many times especially since social media became mainstream, people are caught doing things they shouldn't be doing and when the defendant's do their due diligence they blame everybody but themselves.

Because the doctrine of transferred malice only applies when the defendant has the required mens rea?

Of course, general weight - based perceptions were controlled for, showing no change in perception of guilt when the defendant was obese and male.

One could argue that there may be perversion of justice in changing a rule to a defendant's detriment, when the defendant could have reasonably relied on it (highly unlikely here, but possible in my hypothetical about the lovers who let out their sexual frustrations in doing legal research about when they can lawfully have sex).

No matter how many times a criminal defendant goes to courtrooms, the perspective is much different when the defendant is standing just feet from the judge or sitting in the witness stand.

According to appellate court records, when the defendant tried to fire his public defender, Judge Boswell said he did not have a right to represent himself.

When the defendant files an appeal, he or she can post a financial bond to stop collection of the judgment.

Whatever the case, it is important to know that there is a slightly different process for filing a personal injury claim when the defendant is a government entity.

The court explained that when a defendant claims that service was improper, the burden rests with the defendant to explain why.

This means «negligence as a matter of law,» and it may apply when a defendant violated a law that was meant to protect people like the victim from the type of harm that the victim suffered.

On appeal from [2014] EWCA Crim 748 This appeal considered whether, when a defendant pleads not guilty to murder on...

However, in this case, it is easy to see the unfairness when a defendant is prevented from having his case heard purely out of procedural ignorance.

Similar to Canadian law, under Australian law, the defence of justification is made out when a defendant proves that the defamatory meanings of the publications are substantially true.

[22] Without even considering the clear requirement that people are represented in court by counsel or by themselves, it is, from my reading of what is to transpire at a trial management conference, completely inappropriate to suggest that when a defendant has counsel, that someone else, in this case an adjuster, appear essentially as counsel at a trial management conference.