Legal prejudice definition

Legal prejudice means “‘prejudice to some legal interest, some legal claim, some legal
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Legal prejudice means ‘prejudice to some legal interest, some legal
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Legal prejudice is a term of art: it means “prejudice to some legal interest, some legal claim, some legal argument.” Westlands Water Dist., 100 F.3d at 97. But “[u]ncertainty because a dispute remains unresolved is not legal prejudice,” id., and “the threat of future litigation which causes uncertainty is insufficient to establish plain legal prejudice,” id. at 96. Additionally, “the mere inconvenience of defending another lawsuit does not constitute plain legal prejudice,” Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982), and “plain legal prejudice does not result merely because the defendant will be inconvenienced by having to defend in another forum or where a plaintiff would gain a tactical advantage by that dismissal,” Lenches, 263 F.3d at 976.
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Examples of Legal prejudice in a sentence

  • In case, the designer of WSC is engaged, he/she will only be paid actual amount of TA/DA and lodging charges by the cluster.

  • Legal prejudice may also exist if the nonmovant could lose a forum non conveniens defense.

  • Legal prejudice involves consideration, inter alia, of whether the new claim would require the opposing party to expend significant additional resources toconduct discovery or prepare for trial and whether the amendment would significantly delay the resolution of the case.

  • Legal prejudice involves consideration, inter alia, of whether the new claim would require the opposing party to expend significant additional resources to conduct discovery or prepare for trial and whether the amendment would significantly delay the resolution of the case.

  • Legal prejudice is found to exist where assets which would otherwise be available to the creditors are not available because of the dismissal.

  • Legal prejudice is “material” when it affects “issues necessary to a meaningful opportunity to defend,” and can include instances of “serious delay” by Complainant.

  • Legal prejudice typically occurs “when a party proposes to dismiss the case at a late stage of pretrial proceedings, or seeks to avoid an imminent adverse ruling, or may on refiling deprive the defendant of a limitations defense.” Inre FEMA Trailer Formaldehyde Products Liability Litig., 628 F.3d 157, 162 (5th Cir.

  • There is not a procedural mechanism, as the Multidistrict Litigation Panel – MDL, that allows coordination of federal civil cases and reunion of them for united discovery, under the 28 U.S.C. §1407.

  • The Committee recommends approving payment of project invoices as presented.

  • Legal prejudice occurs when the non-defaulting party’s ability to proceed with its case has been impaired.


More Definitions of Legal prejudice

Legal prejudice means “prejudice to some legal interest, some legal claim, [or] some legal argument.”8 Neither “uncertainty because a dispute remains unresolved” nor uncertainty arising from “the threat of future litigation” constitutes plain legal prejudice.9
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Related to Legal prejudice

  • Legal Process means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.

  • Legal Proceeding means any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel.

  • Dispute Resolution means the procedure set forth in this LGIP for resolution of a dispute between the Parties.

  • Civil engineer means a professional engineer registered in the State of California to practice in the field of civil works.

  • Legal Proceedings means any judicial, administrative or arbitral actions, suits, proceedings (public or private) or governmental proceedings.

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • legal practitioner means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice.

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • Refuse to cooperate means to obstruct the collection or testing process; to submit an altered, adulterated or substitute sample; to fail to show up for a scheduled test; to refuse to complete the requested drug testing forms; or to fail to promptly provide specimen(s) for testing when directed to do so, without a valid medical basis for the failure. Employees who leave the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing will also be considered to have refused to cooperate and will automatically be subject to discharge.

  • Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

  • Civil penalty means a penalty which is imposed on a credit provider by the operation of this Act and under which the debtor is not liable to pay to the credit provider an amount otherwise payable under a regulated contract.

  • Commercial Premises Means a place of trade or premises operated for financial gain, including but not limited to, a retirement village or a block of flats that has a common facility; a place of trade where the manufacture and production of products or produce takes place; a site where renovation, restoration and refurbishment work as described in Appendix B takes place.

  • Compact privilege means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

  • Master association means an organization that is authorized to exercise some or all of the powers of one or more associations on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities.

  • Judiciary means United States Government.

  • Trade association means an entity recognized by the State in which the entity is doing business as a trade association and shall not include an organization that is formed for the purposes of providing insurance. “Transaction cutoff date” for weekly data reporting is 8 p.m. Central time on Friday of each week and for monthly data reporting is 8 p.m. Central time on Friday after the first Sunday of the month.

  • Dispute Resolution Procedure means the procedure for resolution of Disputes set forth in Article 26;