Sentences with phrase «which lead plaintiffs»
Unfortunately, while there are a great number of incidents, not all cases are litigated due to court dismissal, lengthy trials which lead plaintiffs to abandon their claim or they died before the trial could move forward.
https://www.medicalmalpractice.ca/ Not exact matches
Publication of the editorial came on the same day as two other events of note, first, the release of a new book, Back in the Game, in which sports neurologist Jeffrey Kutcher and award - winning journalist Joanne Gerstner repeatedly and pointedly criticize the media for «irresponsible» reporting on CTE, and second, the filing of a class action lawsuit in federal court in Los Angeles against Pop Warner, USA Football, and the National Operating Committee on Standards For Athletic Equipment (NOCSAE) which assumes as scientific fact that repetitive head impacts sustained in youth football «exposed» plaintiffs» sons to CTE, and led one to engage in «erratic and reckless behavior» resulting in his untimely death, and the other to take his own life.
The allegations by Kent and the others center on what the plaintiffs claim was an unfair attack on them by Spence and his allies regarding charges that a Rockland County council leader, Stephanie Lee, had misused a PEF bank card, making numerous personal purchases, which led to a court judgment of $ 64,104.88 against her.
Pawa also led the plaintiffs in a 2008 case, Kivalina v. Exxon Mobil Corp., in which an Alaskan village made arguments against Exxon similar to those that Oakland and San Francisco are making now.
However, Salk President Elizabeth Blackburn and other administrators argue vehemently that the 2016 report, which shows senior women pulling in more than twice as much National Institutes of Health funding as their tenured male colleagues, is inaccurate and represents only the views of its authors, who were led by plaintiff Beverly Emerson.
Studio picks up life rights of Jim Obergefell, lead plaintiff in landmark court case which legalized gay marriage in all 50 states
Rebecca Friedrichs, a third - grade teacher in the Savanna School District, which serves portions of northwest Orange County, is the lead plaintiff in Friedrichs v. California Teachers Association, a lawsuit brought by several teachers that challenged the hegemonic power of their union to collect fees from non-union members.
A number of legal bloggers roundly condemned Jones Day for bringing the suit, with Public Citizen lawyer Paul Alan Levy leading the backlash with his post at the Consumer Law & Policy Blog in which he said that the lawsuit deserved a prize for «grossest abuse of trademark law to suppress speech the plaintiff doesn't like.»
This past weekend, the Sacramento Bee carried a lengthy article, Visionary law's litigious legacy (11/12/06), on how California's implementation of the federal Americans with Disabilities Act (ADA) has lead to litigation over ADA violations, which end in payouts to individual plaintiffs and lawyers rather than access for the disabled.
The report details the allegations in the plaintiff's complaint, which claim that the nursing home's failure to take adequate precautions to protect residents leading up to the storm showed «negligence and reckless indifference.»
On the facts of these appeals, it seems reasonable to infer that recognizing interest as an expense would lead to a transfer of resources between classes of parties in which unsuccessful defendants are exposed to the risks of paying high interest rates designed to pay for the cost of lending money, not just to the successful party in the case but other plaintiffs who receive financing but may not recover moneys to pay for their loans...
The case led to a nine - day trial, at which the defendant hospital denied that the plaintiff suffered from CRPS, and it claimed that if he did it was not a result of their negligence but instead caused by the procedures he later underwent to deal with his arm pain.
He leads the largest plaintiff legal organization in the State which fights for plaintiffs» rights and preserving the right to jury trials.
The claim makes a point in para. 12 of noting that Tasini was also the lead plaintiff in the class - action, New York Times Co. v. Tasini, 533 U.S. 483 (2001), which was successful at the Supreme Court of the United States in finding that the New York Times could not license freelance journalist work in back issues of electronic databases.
The lead plaintiffs alleged that MDC had, inter alia, violated federal securities laws in the manner by which it disclosed certain executive compensation, and in its calculation and presentation of goodwill and the non-GAAP financial metric, EBITDA.
This action led to the plaintiff losing any chance of a reward, which caused financial loss.
The judge also commented upon the unsuccessful allegations of just cause made against the plaintiff which he had asserted led to his inability to find new employment.
Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.
The employer had been made aware of the events which led to the prior termination by the plaintiff, soon after it had announced his re-hiring and prior to the commencement of his actual employment, as the Court found.
But it was the questionable way in which the attorneys plied their trade that raised Judge Wright's ire, leading him to observe: ``... though Plaintiffs boldly probe the outskirts of law, the only enterprise they resemble is RICO.»
The Leading Case In 2008, the Supreme Court of Canada considered a fact situation in which the plaintiff employee had been fired without cause [1].
For example, Mr. Klamann was lead counsel in a commodities churning case which was tried to a $ 700,000 punitive damages verdict, a securities fraud case which produced a seven - figure confession of judgment involving a Real Estate Investment Trust (REIT), a successful consolidated case of more than 140 plaintiff investors in varying combinations of six commercial real estate syndications, several individual securities churning cases, a fraudulent energy conservation limited partnership of 75 investor / plaintiffs, a successful consolidated case involving 124 investors in forty diverse limited partnerships, and a successful case involving scores of investor / plaintiffs in a series of fraudulent oil and gas limited partnerships.
Successfully represented a public agency in a high - profile lawsuit filed by the agency's former executive director, including obtaining partial summary judgment on plaintiff's constitutional claim, which led to a favorable settlement after five days of federal trial.
For example, even if everything else were true, if the defendant had also stated that the CEO of the Plaintiff was convicted of leading a Nazi concentration camp and killed millions of people, which would have been possible given the CEO's age, knowing perfectly well that the person with a similar name to the CEO who did so was someone else who died an untimely death decades ago, that statement might be defamatory and actionable (at least by the CEO personally and probably by the company if it was alleged that he was hired despite the fact that the company was aware of this circumstance).
In a release, Juroviesky and Ricci LLP says the suit, which has yet to name a lead plaintiff, alleges «class - wide violations of various statutory and common law duties to the students of York University.»
Infection Prevention Technologies LLC v. Lumalier, No. 10 - 12371 (E.D. Mich.): Lead counsel for plaintiff in patent infringement action involving room disinfection patents where reflected ultraviolet radiation is the method by which the room is disinfected.
Plaintiffs, which were represented by class counsel led by Boies Schiller, alleged that New England - based C&S and Supervalu, another leading wholesaler based in the Midwest, entered into a conspiracy to allocate the New England and Midwest territories between themselves for a period of five years, resulting in inflated grocery prices.
The plaintiff is entitled to respond to all the opinion evidence led by the CN Defendants, not just that which was contained in the written statement of Dr. Glynn - Morris» opinion.
Plaintiff alleged in the civil suit that the child sustained massive head injuries and died as a result of alleged abuse by the parents, codefendants in the civil case, and that the psychologists were negligent in failing to suspect the abuse and neglect which ultimately led to his death.
I was able to obtain summary judgment based upon the statute of limitations, in which the court found that the doctors» advice to the plaintiff that «nothing was wrong with her», was not sufficient to delay the discovery of her injuries so as to avoid the bar of the statute of limitations; and Nahrstedt v. Lakeside Village, the leading case in California which held that provisions in the CC&R s are presumed to be reasonable and enforceable.
He served as one of two lead trial attorneys for the largest group of plaintiffs in the 2007 San Diego Wildfires, which included the City and County of San Diego, and recently was one of the trial lawyers who successfully conducted a jury trial resulting from the 2011 Las Conchas fire in New Mexico, where he represented individuals and the Native American Pueblos of Cochiti and Jemez against an electrical distribution and a transmission / generation cooperative.
Essentially, the court's opinion was that allowing a plaintiff to re-file after a delay caused by a failure to prosecute could lead to an abuse of the system in which cases may not be decided for decades after the alleged negligence occurred.
In 2007, he was named to Lawdragon's 3000 Leading Plaintiffs» Lawyers in America list, which includes less than one percent of all the lawyers in America.
Mr. Pierson is running the case for Cohen Milstein and in 2015 took the lead for the direct purchaser plaintiffs in arguing against the defendants» summary judgment motions (which were denied by the Court for four of the five defendants).
A class action is litigated similarly to an individual action, except that the plaintiff must file a motion asking the court to certify the class, and there may be litigation about which plaintiff will be lead plaintiff in the action.
This is the third year the two have made the list (under the Personal Injury Plaintiff's Lawyer category), which is based on a balloting process involving top attorneys from across Massachusetts and conducted by an attorney - led research department at Law & Politics magazine.
«Across the country, New York City's Asbestos Litigation (NYCAL) court, our # 3 Judicial Hellhole, has incredibly come to favor plaintiffs even more since the corruption conviction of former New York State Assembly Speaker Sheldon Silver, which led to the replacement of that court's top judge.
Plaintiffs argued that evidence of failure to use a seat belt should be excluded because that conduct could not have caused the accident, and a plaintiff should not be required to anticipate negligent conduct by the defendant; the Court rejected that argument based largely on the language of the proportionate responsibility statute, which focuses on the various parties» roles in causing «the personal injury» or the «harm for which recovery of damages is sought,» rather than simply the occurrence that led to the injury.
The third condition in the order is directed to the third party calling an independent medical examiner «for rebuttal evidence» I understand from counsel that this refers not to rebuttal evidence as generally understood, but to evidence that is purely responsive to medical evidence which the plaintiff has led as part of her case.
Some of the objections included «objects to plaintiff's interrogatories and said the interrogatories are unduly burdensome and overly broad» and «certain of plaintiff's interrogatories seek information which is neither relevant nor material of the present cause of action, not likely to lead to the discovery of admissible evidence.»
This firm has the distinction of being the attorneys for the Plaintiff, in the precedent setting case, Juarez v. Wavecrest Management Team Ltd, which was the landmark case in which the highest court of New York State established the rules relating to legal liability of landlords in New York City for exposing tenants to the hazards of lead - based paint
Successfully defended leading power management company in patent infringement action relating to hydraulic engine components in which court held on summary judgment that plaintiff lacked standing to sue on nine patents for failure to name additional inventors.
In response to the defendant's argument that a party to litigation is entitled to the production of evidence that is «reasonably calculated to lead to the discovery of admissible evidence,» Magistrate Judge Facciola held that the defendant's purpose for seeking the images (which was to admit them as evidence of the plaintiff's own standard of behaviour) meant that the issue of discoverability and the issue of admissibility were inseparable.
In 2016, she led a team that successfully defended one of the largest mass tort / wrongful death cases in the United States, which included 12,000 cases (some of them class actions representing hundreds of individual plaintiffs).
Weil successfully represented Procter & Gamble (P&G) as lead counsel in a high - profile MDL in U.S. District Court for the Southern District of Florida in which plaintiffs alleged that they were injured through their use of the popular denture cream, Fixodent.
The leading case on civil fraud in Canada is the Supreme Court of Canada decision in 2014 in Hryniak v. Mauldin, 2014 SCC 7, and in that case civil fraud is defined this way ``... the tort of civil fraud has four elements, which must be proven on a balance of probabilities: (1) a false representation by the defendant; (2) some level of knowledge of the falsehood of the representation on the part of the defendant (whether knowledge or recklessness); (3) the false representation caused the plaintiff to act; and (4) the plaintiff's actions resulted in a loss.»
In 2014, Weil won a significant victory before the U.S. Court of Appeals for the Eleventh Circuit that affirmed the trial court's Daubert and summary judgment orders in the lead case, which excluded plaintiffs» expert testimony and resultantly found that plaintiffs could not sustain their burden of proof.
While the result may seem unfair to some, had the plaintiffs accepted the defendant's offer to settle, both sides would have been spared a year of time and expense and our legal system, which is greatly overburdened, would have been spared 10 trial days, plus the judicial time put into the file leading up to the trial.
However, it could also be said that the plaintiff led expert evidence, too, because the plaintiff «s lawyer cross-examined the expert and got answers which plaintiff's counsel went on to claim supported the plaintiff's theory of causation.
[9] In a law review article written in 1960, the leading American torts scholar, William Prosser, listed four distinct kinds of invasion of privacy interests as follows: (i) intrusion upon the plaintiff's seclusion or solitude, or into his private affairs; (ii) public disclosure of embarrassing private facts about the plaintiff; (iii) publicity which places the plaintiff in a false light in the public eye; and (iv) appropriation, for the defendant's advantage, of the plaintiff's name or likeness: see William L. Prosser, «Privacy» (1960) 48 Cal.