Sentences with phrase «where multiple defendants»

Not exact matches

So, what does this mean when you are sued in a matter with multiple defendants who are spread across jurisdictions, and where federal court may be a preferred venue?

The most serious issues arise in one of the situations that Justice Sotomayor addresses which the majority does not adequately consider in the rebuttal in its own opinion, which is the situation where there are multiple possible defendants with different home states, whose relative liability is unknown or independent or mutually dependent.

Imagine, if you will, a murder trial where the defendant is charged with shooting the victim at point - blank range in broad daylight with multiple witnesses present.

-- Can Art. 6 (1) on jurisdiction over multiple defendants be applied in a situation where two or more companies from different Member States are each separately accused of infringing the same national part of a European patent which is in force in yet another Member State?

In Clements v. Clements,, 2012 SCC 32, the Supreme Court of Canada re-affirmed the primacy of the «but for» test in proving causation and confined the alternate «material contribution» test to cases involving multiple negligent defendants where it is not possible to prove which one caused the injury.

In cases where the underlying judgment is against multiple defendants, an affidavit that addresses only one defendant is insufficient.

Further to my previous posts about Independent Medical Exams in BC Supreme Court Injury Claims unpublished reasons for judgement recently came to my attention (Hou v. Kirmani BCSC Vancouver Registry, 20091119) dealing with the ability for a Defendant to have an injured party undergo multiple exams where the first defence expert feels an opinion from a second expert would be of benefit.

Thus, where a plaintiff suffers a single injury as a result of the tortious acts of multiple defendants, the burden of proof is upon the plaintiff to demonstrate that the conduct of each defendant was a substantial factor in the harm.

In our global economy where consumer litigation often includes multiple defendants and international corporations, access to online databases and repositories for electronic document discovery on a secured server is invaluable.

[58] Where a case involves multiple defendants, the bases of plea must be factually consistent.

In cases where there are multiple defendants, the Court of Appeal directs that a jury must first consider whether the collective negligence caused the plaintiff's injuries.

Attorneys assigned to the Multiple Defendant Division (MDD) of the Law Office of the Cook County Public Defender represent clients in felony and first degree murder cases where more than one person is accused.

I leave for another day, for example, the scenario that might arise in mass toxic tort litigation with multiple plaintiffs, where it is established statistically that the defendant's acts induced an injury on some members of the group, but it is impossible to know which ones.

(iii) Negligence Actions Involving Multiple Defendants: The basic «but for» test also applies in these more complex cases where loss flows from a variety of negligence acts from different parties.