How To Use Plaintiff In A Sentence
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The plaintiff had sued one member, Hunter, of a committee of the management of a hospital which had engaged him.
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Federal law allows plaintiffs to collect up to $ 100, 000 per infringement.
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The consecutive statements, allegations, and counterallegations made in turn by plaintiff and defendant, or prosecutor and accused, in a legal proceeding.
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Very few of these cases involve plaintiffs afflicted with legitimate disabilities as most of us understand the term.
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In the meantime, Mr. Meyer is enjoined from in any way further interfering with the flow of water in the channel from the plaintiffs’ land across his land.
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When a plaintiff is able to prove defamation per se, damages are presumed, but the presumption is rebuttable.
Heroes or Villains?
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Ultimately, under the Court's decision, a successful plaintiff will have to prove she was singled out for disadvantageous treatment in the workplace.
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On the plaintiff's application for summary judgment the master give the defendant unconditional leave to defend.
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Merchants that accept debit cards "are substantially harmed" by the Fed's "misconstruction" of the Dodd-Frank law's provision limiting debit card fees, the plaintiffs said in the lawsuit.
Retailers Sue Fed Over Debit-Card Fee Rule
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The fourth locale, Massachusetts, permitted a medical monitoring claim to move forward, but only because the tobacco plaintiffs in that lawsuit presented expert evidence regarding "subcellular" or other physiological changes.
Law.com - Newswire
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If he fails to do so, he is held liable, whereas in an action for negligence the legal burden in most cases remains throughout on the plaintiff.
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In this wrongful dismissal action, it appears that the defendant does not seriously dispute the fact that the plaintiff's co-employee seriously misconducted himself with respect to the plaintiff.
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Within a matter of a few months following construction the plaintiff began to receive complaints that water from rainfall was ponding on this upper parking deck and not draining away.
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After a few weeks other problems appeared and the plaintiff sued for the cost of repairing them.
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Limitation for plaintiffs under a disability is three years from the end of their disability or death, whichever is first.
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That decision might be the same as the first one and cause the plaintiff the same loss.
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The plaintiff is relieved of the burden of managing a large sum of money and is protected from possible dissipation of the funds.
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At first instance the plaintiff did not seek to make out a case of an attempt to pervert the course of justice or of contempt of court.
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Ten days passed from the court's acceptance of the case to its resolution, expeditious remedy much appreciated by the American plaintiff.
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The law allowing plaintiffs to recover legal fees in advocacy lawsuits has been on the books for a long time.
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The company has turned over to plaintiffs' lawyers about 30 complaints in which customers accuse New Hanover of racism.
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None the less, the plaintiffs can move immediately to seize his assets.
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The judge decided the case in favor of the plaintiff
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These damages are measured by how much the libelous statements lower the plaintiff's reputation.
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Plaintiff sold and delivered to Smith the merchandise described, on the dates and for the prices shown on the itemized statement of account attached as an exhibit.
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In effect, Dr. Rosen did not give a report on the quantum of damages suffered by the plaintiff.
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It is clear from the cases that the breach by the plaintiff is a complete defence to a claim that the defendant failed to perform its promise.
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First[Sentencedict], the hire period was short and the plaintiffs therefore had little time to arrange insurance.
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The Plaintiff takes the position that there is an anticipatory breach of contract by the Defendant.
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The plaintiff claimed that they were bound by contract to continue the pension.
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The plaintiff submits it was not paid the $33,000 invoiced for site services, nor was it paid $10, 200 for wiring and telephone lines, plus other amounts owing.
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The plaintiff may want, even more than damages, to discover the identity of the source.
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The court granted a declaration to the plaintiff.
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IF anyone could litigate the issue, the plaintIFf would be the proper person to do so, but some issues simply cannot be litigated by anyone at all.
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If your Honours go to paragraph 2.1, you will see that the plaintiff was injured in this case when he fell on a section of a driveway which had a gradient of 47 per cent.
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The issue before the trial judge was whether the plaintiffs had suffered compensable nervous shock.
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Thus an interim payment will be made directly to a legally aided plaintiff.
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Each side - the plaintiff company and defendant government - gets to choose one of the three arbitrators who will hear the case, then they jointly select the third, who presides.
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Contract law principles may require such interest to be compounded so as to award the plaintiff the benefit of the bargain.
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The defendants had made a bad bargain but the contract was held to be valid and the plaintiff's claim for non-delivery upheld.
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On opening the door and passing through the doorway the plaintiff immediately fell down a flight of steps and sustained injury.
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Was it just and reasonable that the defendant should owe a duty of care of the scope asserted by the plaintiff?
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The bank is expected to challenge the statistical evidence on the ground that the plaintiffs are not comparing like with like.
Times, Sunday Times
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Earlier this year the plaintiff in Roe whose change of heart has made her the darling of the anti-choice crowd, included the affidavits when she filed a petition in court to have Roe overturned.
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Counsel for the plaintiff shall make brief written submissions in reply and on costs within 10 days after that.
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Such cases do, however, present quite serious factual difficulties and the law has been concerned to ensure that a meritorious plaintiff does not fail for want of proof.
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The original claim by the present plaintiff against the appellants was one for money lent in the sum of £500,000.
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The plaintiff was a professional photographer.
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In this case, therefore, I conceive the plaintiff must be non-suited; and I should disadvise the bringing any such action.
History of Tom Jones, a Foundling
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Even more important, the legal conclusions derived from the facts as presented by the plaintiff's lawyer will have to be rigorously scrutinized, even when the facts are uncontroverted.
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The defendants have a counterclaim for damages for trespass against the plaintiff.
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Many of the plaintiffs in Ricci have very sympathetic stories to tell, but Judge Sotomayor did not let this fact influence her duty as a judge.
Wonk Room
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A police officer negligently sent the plaintiff, another police officer, into the tunnel, against the traffic flow.
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In law and in logic no damage can have been caused to the plaintiff before the plaintiff existed.
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Gary Near, a San Francisco attorney representing the plaintiffs, said the airlines have precise records of who should get refunds.
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The government gets the recovery either way, but the qui tam plaintiff (“relator”) gets a much bigger share if he actually has to do the work himself.
The Volokh Conspiracy » “We have to pass the bill so that you can find out what is in it” (continued)
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Both defendants are joint and severally liable for the plaintiff's loss.
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As well, Mr. MacAdam confirms that he advised the plaintiffs to engage a roofing consultant to give an opinion on the adequacy of the roof flashings and the roofing ballast.
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As I understand the defence, the real cause of the plaintiffs' poor sales is their incompetence and penny-pinching.
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In malicious falsehood, the plaintiff has to prove that the statement is false.
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The purpose of a libel action is to enable the Plaintiff to clear his name of the libel, to vindicate his character.
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An attorney for the plaintiffs did not return a call.
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I expressed my hope, again, that the plaintiffs would retain legal counsel to assist them on that date in view of the potential ultimacy of the matters to come before me and that this time had been scheduled for a trial.
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The plaintiff brought a suit against Liubo and the school as co-defendant and claimed compensation of personal injury.
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Just as a person has a First Amendment Constitutional right, incertain circumstances, to be free from exercising freedom of speech, Plaintiffs in this matter have the Constitutional right to be free from entering a private contract or an involuntary association.
The Volokh Conspiracy » Health insurance mandate as a privacy right violation
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The House held that the burden of proof of causation remained on the plaintiff throughout the case.
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The plaintiffs commenced an action in private law for recovery of the money due.
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I was left with a suspicion that the majority shared the anti-military animus of the plaintiffs.
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The plaintiff, being unaware of this exemption, paid dues upon limestone which he had landed and ultimately burnt into lime.
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Such group actions, such as jurisdiction to case, determination to plaintiff competence, extinctive prescription, court costs and so on, are expounded.
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The plaintiff owned a house next to a man-made lake on which the defendant conducted motor-boat races.
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The plaintiff filed a copyright infringement lawsuit in federal court, citing 294 instances of alleged infringement by the defendant.
Christianity Today
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The plaintiff was a man with a history of mental disorder and seriously violent behaviour.
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The law allowing plaintiffs to recover legal fees in advocacy lawsuits has been on the books for a long time.
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The plaintiff succeeded at trial, but the Court of Appeal ruled that the judge had erred in leaving the case to the jury.
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The sixty feet now claimed by the Defendants lies north of the lane, clearly on the land deeded to the Plaintiffs.
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The defendant covenanted to pay to the plaintiff an insurance rent, and did pay such rent.
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Because the plaintiff seeks a mandatory injunction, it must show its claim is almost certain to succeed.
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The plaintiff scaffolder was injured when he fell and was not wearing a safety belt.
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The plaintiff in the court case was awarded punitive damages.
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But it must not be allowed to succeed, because it produces manifest injustice. The supervening event has not made the plaintiff less lame nor less disabled nor less deprived of amenities.
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The Plaintiff paid $5,000 on October 30, 2000 and gave a cheque, post-dated for 45 days, for the balance of $4,194.
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With respect to the windows, the doctor conceded that the plaintiffs were not holding the defendant company liable for the design of the windows.
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A recrimination is a counter-charge, and is typically legalese and is only used in court, by a defendant against a plaintiff.
David Lee Roth: Amtrak FM « BuzzMachine
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The defendant argued the plaintiff's opinion was unauthentic in the court.
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They are adventitious benefits, which for policy reasons are not to be regarded as diminishing the plaintiff's loss.
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Under the Act the plaintiff can sue either.
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He attempted to explain apparent contradictions in testimony he gave under aggressive questioning by plaintiffs' lawyers several weeks ago.
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It should not grant an injunction where to do so will deprive a plaintiff of advantages in the foreign forum.
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We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district.
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Yesterday was the turn of the civil plaintiffs in the case.
Times, Sunday Times
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Your Honour, what that would demonstrate is that the plaintiff proposed to seek to proceed against Baxter.
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The plaintiff window cleaner was instructed by his employers in the sill method of cleaning windows.
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All he can do to protect himself is to pay into court what is justly due or what the plaintiff may prove likely to recover.
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The plaintiffs sought an order staying the Mayor's directive.
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The Plaintiffs in the action had entered into a towage contract with Lambert Eggink Offshore Transport Consultants.
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Customers and potential customers will be lost to the plaintiff if they transfer their custom to the defendant in the belief that they are dealing with the plaintiff.
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The court decreed that the defendant should pay the plaintiff $ 5 , 000.
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As the plaintiff approached the coach he saw two other small boys near the coach and as he drew alongside the vehicle these boys jumped away and there was an explosion.
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Seven years before Dr Healy wrote this commentary, in a Prozac case for which he served as an expert witness, the plaintiff's legal team learned that Eli Lilly had withheld evidence in a jury trial when the May 7, 2007 Boston Globe reported that Lilly had agreed to pay $20 million for the rights to a patent on a new version of Prozac that would reduce "akathisia," the very side effect long believed to increase the risk of suicidal behavior, three months before the trial began.
SEROXAT SUFFERERS - STAND UP AND BE COUNTED
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The judge found for the plaintiff.
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Why does not the cheated publican beg leave to check the gulosity of his defrauder with a repetatur haustus, and the pummelled plaintiff neutralise the malice of his adversary, by requesting to have the rest of the beating in presence of the court, -- if it is not that such conduct would run counter to all the conclusions of experience, and be the procreation of the mischief it affected to destroy?
Miscellaneous Writings and Speeches — Volume 2
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Secondly, no plaintiff has agreed to withdraw his plaint.
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By agreement between the parties, this trial dealt only with the claim by the Plaintiff for recovery of the real estate commission.
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The plaintiff claims that the lack of disclosure demonstrates maliciousness on the part of the investigative and prosecutorial defendants.
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It was his view that the plaintiff had to arrange to have the encumbrancers' interests removed from title.
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Given the evidence of a struggle, had the officers simply taken the plaintiff's word as to what had happened without investigating further, they'd have been in awfully deep the next day had she turned up severely injured, or even dead.
Third Department
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The plaintiff had applied for judicial review with reasonable promptitude.
Times, Sunday Times
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On these facts the plaintiff was held to have acted reasonably and the defendant was liable for her injuries.
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If the defendant makes a payment into court, the plaintiff may seize it and call quits.
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Your Honour, the first defendant's position is that the plaintiff is either estopped from bringing these proceedings or the proceedings constitute an abuse of process.
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In that case, the plaintiff retained an agent to find a warehouse property of approximately 50,000 square feet.
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The vehicle was involved in an accident in which the plaintiff's van was damaged.
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This raises problems where the plaintiff was drunk at the time.
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Not only that, he lined up Sean Chumura, "a cyberwarfare and computer forensics expert" who is also [LINK NSFW] helping Perfect 10 in its lawsuit against Google, to testify that "it was possible for plaintiff, while 'tabbing' through the registration page, to inadvertently hit the space bar and thereby 'check' the terms and conditions box.
Marketing Law Blog
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These items were bagged, and carried by the plaintiff.
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There was, however, no obligation added to the contractual duties imposed on the plaintiff under the original contract.
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It is not necessary for the plaintiff to prove that the discrimination was intentional; intent is irrelevant.
A Conceptual View of Human Resource Management: Strategic Objectives, Environments, Functions
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A finding of contributory negligence on the other hand has a direct financial effect on the plaintiff.
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Following the said surgical procedures set forth in Paragraph 7 hereinbefore, the Plaintiff's condition was worse than it had been pre-operatively.
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The Court finds the plaintiffs and their children were wrongfully evicted and they are entitled to whatever damages they suffered as a result.
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Had the plaintiff sued his brother then the action would have failed on the grounds of volenti.
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Rebell and several other plaintiff lawyers became de facto chancellors of a separate education system - some observers even unofficially called them the Board of Special Ed.
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However, the plaintiff was successful on obtaining judgment on the principal amount.
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Judicial views on whether an agreement that the plaintiff will waive any claim against the defendant is necessary, are mixed.
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The plaintiff sued the defendants for breach of contract to exercise due care in giving him financial advice.
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The plaintiff issued a writ against the defendant claiming that a breach of confidence had occurred.
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The plaintiff rode his horse violently and collided with a pole which the defendant had negligently left in the road.
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Yucun summoned the plaintiff for questioning.
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The bank is expected to challenge the statistical evidence on the ground that the plaintiffs are not comparing like with like.
Times, Sunday Times
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On 23 April the second defendant took a letter to the plaintiff containing particulars of this offer by Mr. Perot for Caliban.
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While the lien should not be invalidated, the Plaintiff should not be entitled to rely upon the statement of claim which claims an amount greater than the lien claims.
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The plaintiff was an experienced workman employed by the defendant roofing contractors.
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Leading commercial barristers Michael Cush SC and Bill Shipsey SC have been retained to act for the plaintiffs in the case.
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IANAL, but I have once or twice been inviolved in litigation, and have run into this sort of wearing down of the plaintiff despite the defense being meritless.
The Volokh Conspiracy » Your Lawyer’s Wrong:
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The appraisal submitted by the plaintiffs estimates the fair market value of this property in March 1991 at $300,000.
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Patricia was reading Plaintiff's Exhibit 7 on her side of the table.
RUNNING FROM THE LAW
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Likewise the weaker the case of the plaintiff the less is he prejudiced by the operation of the provision and the less is the defendant prejudiced if it is disapplied.
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The plaintiff was legally entitled to register a lien for the proper amount.
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On 4 December the plaintiff obtained a warrant of possession which was not executed.
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The plaintiffs further state that the defendants have manipulated the nicotine in their low tar cigarettes, raising the nicotine dose to the smoker and ensuring addiction.
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Later on the same day, the required documentation was sent by the plaintiff's solicitor to defence counsel.
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The plaintiff did not use the land and was unaware of the defendant's use of it.
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At about this time the plaintiff became suspicious that the appellants were minded to sell the property at Westbourne Grove.
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Patricia was reading Plaintiff's Exhibit 7 on her side of the table.
RUNNING FROM THE LAW
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The plaintiff's lawyers never had support for their calumnious accusations against the Holy See," he added.
Vatican Releases Files in Bid to Rebut Claims of Coverup
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The allegation was that the defendants had supplied contaminated water to the plaintiffs thereby causing them personal injury.
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I think it reasonable to infer that the standard of living enjoyed by the plaintiff prior to separation was in part dependent on the greater income produced by the defendant.
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In a very real way, these plaintiffs were robbed of their childhood.
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The judge ruled against the plaintiff.
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The plaintiffs were required to carry out certain repairs by the local council in order to render houses fit for human habitation.
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Gary Near, a San Francisco attorney representing the plaintiffs, said the airlines have precise records of who should get refunds.
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American law permits the participation of the attorney in the plaintiff's recovery(contingent fee)which not uncommonly amounts to 25 to 33 percent of the verdict.
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Finally, both Council and the plaintiff point to those provisions which would require payment of interest on judgment debts at a penal rate.
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Additionally, the defendants acted to 'blackball' and banish plaintiff and anyone associated with plaintiff permanently from ExxonMobil facilities and premises without limitation.
Courthouse News Service
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The plaintiffs are not portraying any abnormal sensitivity or delicacy in seeking to worship in an atmosphere of quiet and calm reflexion.
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The court is recognising that part of the reasonable and proper costs of providing for the plaintiff's needs is to enable her to make a present, or series of presents, to her mother.
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The plaintiff states that the deterioration in his eyesight prevents him from doing fine detailed work.
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It was not disputed that the words were spoken on a privileged occasion, but the plaintiff alleged that the privilege was defeated by malice on the defendant's part.
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The law of libel in England is based on whether the plaintiff has suffered hatred, ridicule or contempt.
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It is natural that you should look at this from the point of view of a plaintiff, but spare a moment's thought from the point of view of a defendant.
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Accordingly, the court finds that the defendant owes the full amount to the plaintiff.
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Consequently it limited the damages in such cases unless the plaintiff proved actual malice.
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The issue in this case is the adequacy of the evidence tendered by the plaintiff.
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Afterward, the plaintiffs asked for a court order prohibiting Lawrence from verbally abusing them.
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Ultimately, under the Court's decision, a successful plaintiff will have to prove she was singled out for disadvantageous treatment in the workplace.
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This argument misconceives the nature of the plaintiffs
The Volokh Conspiracy » A Rare Circuit Case Allowing a “Rational Basis” Challenge To Go Forward:
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This decision of the Supreme Court on the plea in abatement that the plaintiff (a Negro, Dred Scott) was not a citizen in the sense of the word in Article iii, Sec. 2 of the Constitution, was based upon an erroneous idea respecting the location of the word _citizen_ in the instrument.
History of the Negro Race in America from 1619 to 1880. Vol. 2 (of 2) Negroes as Slaves, as Soldiers, and as Citizens
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If the defendant makes a payment into court, the plaintiff may seize it and call quits.
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There were ‘proceedings’ in being at the very moment that the plaintiff made his affidavit and his solicitor lodged it with the registrar.
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In the civil trial, the judge gave the plaintiffs almost everything they asked for, while severly limiting the defense.
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Moreover, because the federal bench dominated by conservatives – including George W. Bush’s judges, “the most conservative on record “– the rule in Iqbal grants conservatives even more authority than they already possess to substitute their personnal views for the merits of a plaintiff’s case.
Wonk Room » The Biggest Supreme Court Case You’ve Never Heard Of
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Indeed if a plaintiff delays his action unreasonably he may not even get his 2 percent.
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The wrongful acts of a previous possessor do not therefore diminish the plaintiff's claim in respect of the wrongful acts of a later possessor.
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Where the plaintiff could reasonably avoid losses, the defendant is not liable for those losses.
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Nevertheless, the plaintiffs sought a declaration that they were entitled to the benefit of that covenant and an order restraining the defendants from building in breach of it.
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The court will automatically serve the defendant by post following receipt of the request for a summons unless the plaintiff otherwise requests.
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The debtor himself has to apply for this type of order, in practice often encouraged by the plaintiff.
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Was the investigation of the complaint against the plaintiff negligent?
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But according to plaintiffs' attorneys, the privilege log could be invaluable in helping them pry loose potentially damning documents.
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There are a number of areas where problems are caused in trying to ascertain the appropriate standard of care for the plaintiff.
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Things are looking good for the plaintiff, as Judge R.becca R. Pallmeyer concured, stating, "[T] he advertisements the CTA wishes to ban promote expression that has constitutional value and implicates core First Amendment concerns.
Neoseeker News Feed
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Plaintiffs enumerated a number of problems, defects and unworkmanlike conditions existing in the modular home constructed by the Defendant under its contract with plaintiffs.
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The burden of proof lay on the plaintiff to prove negligence.
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The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal, " and that hence they are deprived of the equal protection of the laws.
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But according to plaintiffs' attorneys, the privilege log could be invaluable in helping them pry loose potentially damning documents.
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David Bronner, chief executive of the Retirement Systems of Alabama, the lead bondholder plaintiff, in a statement called the bondholder settlements 'substantial' and 'a great result. '
FinanzNachrichten.de: Aktuelle Nachrichten
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The plaintiff was assessed to corporation tax for accounting periods covering the years 1977 to 1985.
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Article 52 The plaintiff may relinquish or modify his claims.
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The plaintiff fell through a roof and was injured.
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He is an officer and director of the bankrupt company which is noted as plaintiff in this action.
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Later on the same day, the required documentation was sent by the plaintiff's solicitor to defence counsel.
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The claim of the plaintiff, who is a married woman, to be admitted to practice as an attorney and counselor-at-law, is based upon the supposed right of every person, man or woman, to engage in any lawful employment for a livelihood.
History of Woman Suffrage, Volume II
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To back their legal challenge, the plaintiffs have resuscitated some troubling arguments: they hint that Kennewick Man may have been here before the ancestors of contemporary Native Americans.
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The plaintiff scaffolder was injured when he fell and was not wearing a safety belt.
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In setting out general guidelines for a solicitor negotiating on behalf of a plaintiff, Pritchard counsels caution.
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The plaintiff's motion asks that he be allowed to file an amended statement of claim.
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At the same time , early Writ of right allow the unpredictability of the lack of a more rational decision to make duel , plaintiff being at more disadvantage.
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Taking all these factors into consideration, I find that the plaintiffs are estopped from making this claim at this late stage.
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The Plaintiff acquires brush tail possums - which are harvested in this State.