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17 Aug 2016, 9:42 am
The jury found the defendant employee negligent and awarded the plaintiff damages for past physical pain and mental anguish, future physical pain and mental anguish, and past and future physical impairment. [read post]
2 Sep 2010, 8:40 pm
California law says that if a person previously has been convicted of any theft offense, and has served at least a day in jail, future convictions for petty theft (which generally applies to property valued at $400 or less) can be prosecuted as a felony, rather than a misdemeanor. [read post]
23 Dec 2013, 9:07 am
It’s easy to imagine scenarios in the future where a defendant may wish to invoke a forum selection clause using Rule 12(b)(6) — for example, a defendant who will have a hard time satisfying the forum non conveniens doctrine (perhaps because no alternative forum is available) or a defendant who knows that the statute of limitations has run. [read post]
20 Jun 2007, 6:59 am
Apparently the purpose is to protect those poor “defendants” from saying things they’re going to regret in the heat of the moment and maybe having those things used against them in a future disciplinary or criminal action. [read post]
14 Apr 2021, 7:32 am
To avoid any more disputes with the defendant, the plaintiff enrolled the land in the Conservation Reserve Program (CRP). [read post]
5 Feb 2013, 6:00 pm
Sometimes Massachusetts criminal or juvenile defendants strike back! [read post]
23 Jan 2018, 4:53 pm
In Arizona, as in other states, injured plaintiffs — whether in motor vehicle accidents, or any other tortious accident caused by the negligence, recklessness, or intentional conduct of a defendant — are entitled to recover damages that include both past and future medical expenses. [read post]
26 Aug 2014, 12:53 pm
The plaintiff was awarded medical expenses and lost earnings but not any pain and suffering or future damages of any sort. [read post]
13 Apr 2011, 7:12 pm
Any Missouri personal injury claim, whether it arises from a Missouri car or truck accident, from a dangerous product, or from just about any other cause a personal injury claim can be based on, the Plaintiff (the injured victim) must not only prove liability (legal requirement for the defendant and their insurance company to pay), but DAMAGES must be proven. [read post]
5 Sep 2013, 11:43 pm
Concluding that DAEP might help prevent future, similar incidents, the trial court suspended defendant’s one-to-three-month sentence and imposed DAEP as a special condition of his probation. [read post]
11 Apr 2013, 12:57 am
Under the terms of the probation, Defendant will still be able to challenge the admission of any polygraph as being unreliable, inaccurate, or improper on any other ground. [read post]
28 Jan 2016, 9:20 am
Thus, if Henry were to seek employment at any of these 16 restaurants in the future, his application to any of them (or any other restaurants to which the managers of these establishments might relocate) might well be adversely affected by the fact that his records had been subpoenaed in this lawsuit. [read post]
26 Apr 2019, 9:08 am
If there is any potential for a dispute about any issues that arose during employment, entering into a severance agreement could be an effective way to avoid costly and time-consuming litigation. [read post]
21 Dec 2014, 4:17 am
Remember, this is not about whether she covered up any illegal activities for which she may have earned the cash. [read post]
5 Nov 2019, 8:21 am
The court noted that if the plaintiff prevailed on its claims, the jury would have to return to court in the future to hear the other claims after discovery. [read post]
18 Nov 2015, 1:43 pm
But the prosecution doesn't like that, particularly in cases in which there was a plea bargain; e.g., where defendant agreed to plead guilty to X offense, in return for Y sentence, but now seeks relief (as authorized by Proposition 47) to reduce the X offense to a misdemeanor and hence only have to serve a sentence of less-than-Y.So does the passage of Proposition 47 allow the prosecution to retroactively withdraw from the plea agreement, even after the defendant has (as… [read post]
25 Oct 2017, 2:33 pm
Defendant’s Wealth The Louisiana Supreme Court noted that the wealth of defendant may be considered in determining an amount that would deter future commission of the same actions and misconduct under Mosing, but that it “should not be a driving factor behind a punitive damage award in the absence of a showing that the defendant’s conduct was motivated by malice or greed. [read post]
18 Jul 2013, 12:44 am
These additional damages are granted for the purpose of punishing the defendant and deterring similar conduct in the future. [read post]
22 Jan 2016, 8:34 am
Defenders of Wildlife, supra. [read post]
10 Aug 2021, 5:00 am
There was one notable exception in this context, i.e., if any one defendant was found to be 60% or more responsible for the happening of an accident, that defendant would be responsible to pay the entire verdict (and to, thereafter, seek a reimbursement of its overpayment from any other responsible co-defendant). [read post]
