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Topic: Plaintiff


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In the News (Sat 25 May 19)

  
  Melinda BARROW, Plaintiff,
Plaintiff claims that her silicone breast implants caused her to suffer autoimmune and neurological disease, as well as local injuries, due to her exposure to silicone, silica, and other chemicals and by-products through the bleeding of low molecular weight silicone gel through the silicone elastomer shell of the implant.
Plaintiff's Exhibit 1.1(c) is a photograph of Plaintiff during this period of time when her mother stated that the normal weight of her daughter was generally between 115 and 120 pounds and did not fluctuate much.
Plaintiff testified that Dr. Penn described the possibility of hematoma and having an accident causing the elastomer to rupture and the gel to be released in which event, he stated, it would not be harmful or cause any side effects.
implants.clic.net /tony/USA/Barrow/01.html   (2723 words)

  
 Plaintiff Chicago Whirley, Inc, filed this declaratory judgment act*
Defendant notified plaintiff that it could not file suit to enforce its lien because Cinaco Builders was a necessary party to such an action and the automatic stay in bankruptcy prevented the filing of such an action against it.
The trial court found that defendant could have filed suit against plaintiff by: (1) alleging the bankruptcy; (2) stating the Cinaco was a necessary party but that defendant could not join it; (3) asking the bankruptcy court permission to name Cinaco as a nominal party; or (4) simply suing plaintiff to foreclose the mechanics lien.
Plaintiff also claims that Cinaco Builders was not a necessary party because it had no legal or equitable interest since plaintiff paid the bankruptcy trustee and obtained a release from Cinaco Builders.
www.state.il.us /court/Opinions/AppellateCourt/1999/1stDistrict/March/HTML/1973713.htm   (1648 words)

  
 Plaintiff - Wikipedia, the free encyclopedia
A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court.
In Scotland a plaintiff is referred to as a pursuer, and as defendant ass a defender.
In Hong Kong and the United States, a plaintiff is still referred to as a plaintiff.
en.wikipedia.org /wiki/Plaintiff   (432 words)

  
 Legal Negligence Claims from a Plaintiff Attorney's Perspective
W.D. The plaintiff must establish that "but for" the negligence of the attorney defendant, he would have prevailed in the underlying litigation or would have acted differently and achieved a different result in the matter for which the attorney defendant was serving him.
The court in Baker ruled that the plaintiff's expert's opinion that it was more probable than not that the defendant physician's negligence "would have or did" cause the death of the decedent was sufficient to meet plaintiff's burden of proving a causal connection between the defendant physician's negligence and the injuries to the plaintiff.
The plaintiff's expert attorney stated that, in his opinion, not only was that negligent, but that once the evidence of a settlement offer was before the jury, it was impossible for the plaintiff to have prevailed in the underlying case.
www.bamsl.org /archived/barjour/pastissues/spring00/mass.html   (3534 words)

  
 SMALL CLAIMS COURT PLAINTIFF’S STATEMENT   (Site not responding. Last check: 2007-09-16)
Defendant told Plaintiff that there was a part called a CMC Transom Jack that would do the trick and that Defendant would sell the part to plaintiff for Defendants cost plus 10 % and do the install the part for $50 an hour and that the project would take approximately 6 hours + parts.
Plaintiff left a message for Defendant that stated that the Plaintiff was coming in to pick up the outboard motors.
Plaintiff filed a complaint with the Columbia County Sheriff via Sergeant Kim Withers and Plaintiff was told that the sheriff’s department had numerous similar complaints and the Defendant was on their watch list for similar behavior.
www.graysmarine.com /case.html   (1768 words)

  
 Plaintiff   (Site not responding. Last check: 2007-09-16)
The Plaintiff's Claim and Order to Defendant form, when it is completed and issued by the court clerk, tells the defendant the basis for the claim and the date, time, and place of the hearing.
Most plaintiffs use a professional process server or the sheriff as a process server and are entitled to reasonable reimbursement from the defendant for the cost of service if they win the case.
Personal service must be completed 10 days before the hearing if the defendant lives or has his or her principal place of business in the same county where the court is located, and 15 days before the hearing if the defendant lives or has his or her principal place of business outside the county.
www.yolocourts.com /plaintiff.html   (3541 words)

  
 Plaintiff's Perspective: Personal Injury Mediation
A plaintiff who has had this opportunity feels better about the process, is more receptive to hearing defendant's spin of the case and is more willing to "hear" the mediator’s "reality check" speech during caucus.
Explain to plaintiff that the settlement value of the case has to be discounted because of potential collection delays after trial which delays include post-trial motions, appeal, bankruptcy, etc. A jury verdict is frequently just one step in the negotiation process.
For example, if the contingency fee is 50% and plaintiff wants to settle the case for $60,000.00, which would net the plaintiff $30,000.00 less costs, but the defendant refuses to pay a penny more than $50,000.00, the lawyer may want to consider reducing the fee so that plaintiff will net the $30,000.00.
www.sbcadre.org /articles/0012.htm   (1824 words)

  
 Vegan Original Complaint
Plaintiff is informed and believes, and thereon alleges, that prior to Plaintiff's discriminatory termination, Defendants, and each of them, have never conducted any religious discrimination training and to this date has never posted any religious discrimination harassment policies for its supervisors or employees.
Plaintiff is further entitled to a $5,000.00 civil liability penalty by virtue of Defendants, and each of their, failure to obtain consent prior to experimentation, pursuant to California Health and Safety Code §24176.
Plaintiff is informed and believes that KAISER and MACTEMPS breached its contract with Plaintiff without conducting any reasonable investigation concerning its obligations under said contract, without good or sufficient cause, for reasons extraneous to the contract, and for the purpose of frustrating Plaintiff's enjoyment of the benefits of the contract.
www.myerlawfirm.com /vegancomplaint.htm   (6273 words)

  
 Court erred in ordering personal injury plaintiff to execute blanket release of all her medical records Law Reporter - ...
Plaintiff moved for a protective order, claiming she had an expectation of privacy in her medical records and that defendant's right of access is no greater than that which is relevant to the lawsuit.
Defendant responded that the physician-patient privilege asserted by plaintiff was waived once she placed her physical, mental or emotional condition at issue.
Plaintiff, in filing her suit, did not put her entire medical history at issue, the court said.
www.findarticles.com /p/articles/mi_qa3898/is_200202/ai_n9033023   (488 words)

  
 Memorandum in Reply to Plaintiff's Opposition
Indeed, plaintiff concedes that "'there is a legitimate public interest in preserving the safety of the President,'" and does not contest the fact that "'protection of the President from explosive devices carried by vehicles' might justify the closing of Pennsylvania Avenue 'to vehicular traffic.'" Plaintiff's Opp.
Plaintiff's arrest was prompted by his placement of a structure in a closed portion of Pennsylvania Avenue and his refusal to heed a D.C. Officer's order to remove it.
Plaintiff, however, is still free to walk into those streets and spread his message, as long as the manner in which he chooses to convey his message does not violate any local or federal laws.
www.prop1.org /clues/951018/p042.htm   (2506 words)

  
 DEFENDANT EGHERMAN'S OPPOSITION TO PLAINTIFF'S MOTION TO PROCEED ANONYMOUSLY
Plaintiff argues that Defendants are estopped from contesting to Plaintiff's request for anonymity because co-Defendants have sought relief from this Court in another suit on behalf of themselves and a patient at their clinic, who is utilizing the fictitious name "Poe".
Plaintiff makes this contention in an effort to conceal her identity, as is provided for in specific sections of Chapter Seven of the Florida Statutes.
In Plaintiff's Motion to Proceed Anonymously, she argues that she differs from the plaintiff in Frank because the plaintiff in that case was suffering from alcoholism, a self-inflicted condition.
www.forerunner.com /fyi/law/roe-v-aw/26dm120199.htm   (2056 words)

  
 MARVIN GONZALES, PLAINTIFF, v. ARMAC INDUSTRIES, LTD., THIRD-PARTY PLAINTIFF AND GENERAL THERMO FORMING CORPORATION, ...
Plaintiff was injured when using a machine in the course of his employment with General Thermoforming Corporation.
[n 1] Plaintiff and defendant subsequently stipulated that the value of the case was $500,000 and a final judgment was entered.
In both cases, the defendant is attempting to limit its liability while continuing its chance of recovering contribution from the plaintiff's employer, with the recovery being passed on to the plaintiff either directly or, if the defendant has limited resources as in this case, through subsequent "loan arrangements" contemplated by the parties.
www.law.cornell.edu /nyctap/I93_0007.htm   (1397 words)

  
 DC Defendant's Reply to Plaintiff's Opposition to..Summary Judgment
Plaintiff argues that this response shows that at both the time of the arrest and even "after the fact" Captain Radzlowski was unaware of his legal authority to order plaintiff to move his sign assemblage.
Plaintiff's mathematical objections to the extent of his obstruction or interference with use of the street are also insufficient.
Moreover, Plaintiff objection that his sign assemblage is capable of being moved by one person doesn't remove or alleviate the permit requirement or make its placement less of an occupation of public space or less an interference with traffic in the event of an emergency.
www.prop1.org /clues/951018/p043.htm   (2544 words)

  
 Texas Lawyer - Plaintiff's Second Amended Petition in Subblefield v. AMF Inc.
Plaintiff was a worker at an AMF Tuboscope, Inc. sandblasting plant in Houston, Texas.
To effect the allocated settlements, Defendants had each of the claimants unwittingly execute a settlement agreement and affidavit, and give a sworn statement, wherein the client acknowledged that he had silicosis, and that his case was individually negotiated and not as part of an aggregate settlement in further violation of Disciplinary Rules 1.08(f) and 8.04(a)(3).
The AMF Defendants defrauded and misrepresented facts to Plaintiff and the other silicosis claimants to induce them to accept the allocations made by Smith, with full knowledge that Smith was not complying with the disclosure and informed consent requirements of the rule.
www.law.com /jsp/tx/PubArticleTX.jsp?id=1134122713929   (4566 words)

  
 Plaintiff Injury Testimony
Whether you are plaintiff's counsel at trial or defendant's attorney taking a deposition of the plaintiff, you grab the checklist and are ready to roll.
as a powerful checklist to prepare their plaintiff to testify at a deposition and later on as the your checklist at trial to develop the trial testimony of plaintiff in his/her personal injuries.
That is true whether you are plaintiff's counsel at trial or defendant's attorney at a deposition of the plaintiff.
www.lawyertrialforms.com /BI3106_BI_Injuries_Testimony.htm   (1089 words)

  
 Premier Settlement Services, Inc. \\ Guides
The plaintiff attorney may or may not be actively involved in the settlement planning process but minimally needs to know the parameters of the financial plan.
And if your case concluded with a structure, chances are your “plaintiff broker” was compensated directly by the defense broker for his assistance in getting this matter resolved under the terms and control of the defense.
We stand at a unique point in time when the plaintiff attorney is rapidly gaining ground in the control of the structured settlement process and the defense is fighting aggressively to regain their absolute control.
www.plaintiffbroker.com /guides.htm   (2803 words)

  
 Plaintiff Travel Grants
The grants aim to help states and regions increase knowledge of LAF and equity issues in higher education and to raise funds in support of LAF by bringing together AAUW members and women whose cases are being supported by the fund.
Plaintiff Travel Grants must promise a positive outcome for LAF in terms of increases in 1) visibility, 2) fundraising, and 3) member and public awareness of equity issues in higher education.
The LAF selection committee chooses states or regions by Jan. 1 to receive grants for plaintiff travel to their state conventions and regional conferences in the spring.
www.aauw.org /laf/travelgrant.cfm   (653 words)

  
 Plaintiff's Attorney
For too many years, plaintiff lawyers have been relying on structured settlement brokers engaged by the liability insurers or self-insured defendants to handle the future payment aspects of their client’s settlements.
Plaintiff attorneys who rely on the defense to prepare structured settlement documents, without ensuring that they do not create an unnecessary tax liability to their clients, do so at their own peril.
A plaintiff in a personal physical injury lawsuit settled a decade ago sued her own attorneys and guardian ad litem for legal malpractice because, among other things, she was not presented with the option of a structured settlement.
www.structuredsettlements.org /artman/publish/cat_index_17.shtml   (691 words)

  
 Glossary of Terms-Small Claims
The defendant's facts or arguments that demonstrate why the plaintiff is not entitled to the relief requested.
The party (who may be the plaintiff or the defendant) in whose favor a judgment has been awarded.
The party (who may be the plaintiff or the defendant on a defendant's claim) against whom the judgment has been entered.
www.metrokc.gov /kcdc/scglos.htm   (496 words)

  
 RI District Court - Instructions For Small  Claims Plaintiff
However, if the plaintiff is a corporation, then the small claim must be filed in the division of the District Court serving the city or town where the defendant lives.
The burden of proof is on the plaintiff to prove his or her case.
When the plaintiff has finished, the defendant will be given an opportunity to ask the plaintiff or his/her witness questions about the testimony or evidence.
www.courts.state.ri.us /district/instructions-smallclaim-plaintiff.htm   (1273 words)

  
 Plaintiff Must Control the Choice of Broker and Product   (Site not responding. Last check: 2007-09-16)
If the annuity carrier is seized, there is usually no way for the plaintiff to come back to the defendant and its carrier to recover the lost funds.
This being the case, it would seem to be obligatory for plaintiff’s counsel to exercise great care in the process of determining what broker and settlement product will be used in a structured settlement.
The broker so chosen has no loyalty to the plaintiff (whose future is in his hands), only to the defendant’s liability carrier, on whom he depends for future business.
www.halperngroup.com /Archive/Plaintiff.htm   (967 words)

  
 Rule 26(f) Report Submitted by Plaintiff United States and Defendants Federation of Physicians and Dentists and Lynda ...
Plaintiff aims to file a motion for summary judgment by mid-November, 2005, and does not expect that it will need any significant discovery to prepare for the motion.
Second, Plaintiff seeks to be able to depose persons solely to establish a foundation for admission of evidence, if necessary, without such depositions counting against the limitation on the number of depositions.
Plaintiff does not seek to enlarge the number of deposition it may take other than in the stipulated manner described in the preceding paragraph.
www.usdoj.gov /atr/cases/f210900/210903.htm   (1386 words)

  
 Plaintiff Support Services-The Gold Standard in Plaintiff Funding
Plaintiff Support Services was established in 1992 to assist plaintiffs with pending personal injury claims.
We assist in helping the plaintiff with their daily financial needs and to give you and your client time to maximize the value of the claim.
Plaintiff Support complies with all ethical and legal guidelines including the NY Attorney General.
www.plaintiffsupport.com /index.html   (117 words)

  
 JOSEPH MONGEON, Plaintiff v. ARBELLA MUTUAL INSURANCE COMPANY, Defendant
The plaintiff was discharged from the hospital that same day.
plaintiff had a heart attack in 1990 while he was out shopping.
plaintiff did not become involved in a collision because he had a heart attack.
www.socialaw.com /slip.htm?cid=13943&sid=121   (6583 words)

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