MLCommons/peoples_speech_v1.0 huggingface dataset:
an action to pull out but that correct i mean there's a whole kind of continual there is a continuum and certainly the fact that they didn't dispute it they didn't say well he was late hear a different meaning is what i'm that what i'm getting at so i don't know but it crystallize exactly the way you're presenting that while it certainly is the opposite of the count w that said these documents that they've come up with there is nothing that he serves the story of an actual assignment out of the mortgage the loan the debt whatever we want i mean mr gilman has done a great job al
one of the moving forces in this case was there was an attorney named trina to rest she worked for the applebee's for a period of time and they helped keep this case alive located by mr rasgotra to continue and help with and take over the prosecution of the medical negligence case at the time that would mean it was either going to the status of the case was that it had been refile after  contingent fee agreement that's been i don't have to spend a lot of time and th result that katrina goldberg from obtaining three years later after thirty or forty depositions four hundred thousand dollars of class exp the original fee sharing agreement that existed when mr rascal was at her prior firm and just enforce it is a contract to take a percentage multiply it by thirty percent is just contrary to what the law is in this some specific good morning court running as my craig and i represent the not confirmed in this case i have some specific things i want to talk about i'd like to take up two things that were mentioned first of all the have to state what the amount of the plain meaning is that's not true of peterson and now case reasons as that's essentially impossible when you file a attorney's mean how would you know in most cases what is going to be found the record so every everything that we said that it was backed by an affidavit and so that's the way in which the facts came before the trial work and then when you look at that i mean  and of course that and it goes without saying i will tell you with sorrow that every fact we rely on we cite and it is to be found in a pleading which is backed by an affidavit in every single instance and so that that's how the facts there was simply an unforced one of the thirty percent referral agreement that had been entered into in two thousand and eight when katrina was when the american from which agreement was cancelled by the client and then there was another discretion the rule is zero appellate long that in order for there to be an abusive discretion standard there has to be an exercise of discretion not merely multiplying thirty percent times the number under the medical malpractise statute and judge the judge lyons had awarded them the one third fee as an enhanced me because that increases from the percentages in the statute so he multiplied thirty percent not by me in a handsome mouth that goldberg board was entitle to but by what the fee would have been under the statute without the extraordinary services unhandsome it's still a mathematical thirty percent application to a number which is not an age factor evaluation of what the reasonable value of the services w was a bad day for three hundred some thousand dollars by the knocking from now that demand was denied and rejected by the lawyers i represent but i don't think we should start at five hundred
supervisory could very well in response to her letter having read them they could have resolved in the grievance during the time period that was issued here but the union should refuse there is a letter from a lot of winfrey to dead diva that says this is what happened and functions can't even your argument here today are groups talking about quantity and is there any correlation between the number of these online functions in supervisory or is it more the court says it is that whether a person is a supervisor should be defined by the significance of what that person does for the employer regardless of the time spent on particular particular types of functions a number from the nation ninety six department of central management services department managers who train them or who gets them in is this record is interesting and it's about three months old we don't know what these people are going to do over the years to const so we have brand new department managers and a statutory office holder who has decided to create these positions to make it more efficient in office and suitably so who trains and are the kind to be trained language of the statute this was created by the clerk when she decided that she needed these people to be manager of jack in her words and under fire and see it only appears in the head and so one morning i went out to the i can't remember the number and some of the employees who were making personal phone calls that is not that was an independent action on behalf of told even though it is work in her office she should not be told she should not in any way indicate that she's aware of this in the event there is litigation she can just sit back and say you know anything no not not not at all supervisor on the shop floor that doesn't make a supervisor not a supervisor because i own the business you know the clerk who because she's the court will have something to do but that does not disqualify the supervisor from being my actual supervisor especially when they're  important and the the fact that the clerk signed off on it is absolutely not a reason inference that the clerk was running this process because the affidavit says in paragraph files that the department regulation for the illinois educational labor relations board th
in motion the joints t to import chinese silicone metal by trade shipping it through korea and then bring it to the united states in the evidence this very valid trial court got it absolutely right even that called to question any of the documents that we placed in the record then there would have been a genuine issue which are real facts and we could have had a trial however we piece of evidence that was placed on the record  below the well both both defended the side in the eastern district of michigan and so the united states attorney's office for that district is the vision there is responsible for collection actions
don't i don't know anywhere in the motions in the motions to dismiss that there is a specific denial i certainly don't believe that there's anything in briefs that includes a denial that because that's a case we're talking about them having a rational basis to spend the next three years to discover who i am free to investigate their claim that's what we're talking about we're not talking about all in the materials where even if you just have a definitive diagnosis of as best as the there are cases that say you should have no the circumstances that you as a lay person you do not have the definitive doesn't indicate that busy and caused it so that action alone would not have provided him with any kind of damages a relief for medical expenses but again at that time the way the phrase that the answer to seeking out experts to do justify those claims and he's been from what i read every step along the lines been told no we can't we can't just we can't
all look at here here comes the actual rain be our own i would not want to get close to those and of course the firetruck
two hundred eleven thousand dollars more that dr bradley got it was a seventy two twenty split and this argument has nothing to do with the claim use of discretion are the judgement to dismiss your marriage provide for that each party will be responsible fifty percent of the children's college education costs and no specific accounts were to be set up for that purpose saying page twenty to have temporary privileges which give him the right to sit in that man let me ask
you the secretary for the attorney russell something that mr clyde campbell would have known immediately and something which the trial court found to have it as an individual then i believe you will find the case law on point as i have said that he can do so because he's knowing better fishing area he's the  he's the trustee and he's under no restrictions such as spendthrift or discretion fellows in motion say that should be stricken by partial summary judgment because the language itself has been held now i would go so far as to say if i may go back to the question of who this aside would be made by an individual the answer to that is suggests that the individual if he is the sort of beneficiary under no other restrictions have not make the gift is an individual their trust is a partial interest and not a whole interest and where is the tro work from on that point at least at this point nothing has been given to me that would stated in what mr whitman expire they didn't say interpret it they're saying we believe these are no for white and for the reasons that we're going to express here in any to declare in that complaint whether these documents a one of the things i want to make clear is this case comes up on appeal on really big cities one day i'm trying to defend the some judgment granted in their favor and number two i am saying i'd like to make just a few points and then i realize it's lunch  facts that were not contested but the intention with hardys in doing the earlier declaration of trust sutter up those have never had their day in court and to try to persuade to us that these sightings have to be recorded somewhere books in order to be a valid document and i
you know so continue with your
court we know of this most recent one it's under appeal the motion for the baby grace case why did you do that when you could have transferred venue or at least you had to a motion pending in consideration the fact that there was another there is another and the fact that you have rejuvenating a prior dismissed action when you are already in madison county you are already filing a motion to dismiss in madison his discretion in his ruling that madison county is the proper venue for this case he could lose on that point as well as set forth in the brief in the arguments that with regard to the histogram then maybe you can tell me the stand i i cannot and this would be conjecture on your part but i still don't understand why he can went to  shelby county when your case was pending now you tell us that they have put in the mail at least a rule one eighty seven motion i just i can't get the philosophy of what overall picture of these cases leads to only one solution they want this case anywhere but madison county or somewhere i don't know the whole case the hole is already allowed bifurcation so if we grant their motion we would have to proceedings with the exact same issues going on in two different courts you would and at this point you would if the motion is granted in shelbyville then summons has to go out the whole service process begins all anew unless the defendants would waive right but that's already here i don't know if it was announced if it wasn't you know that a third judge will be assigned to your case all of our arguments all of your arguments and our questions are recorded so that the judge will be able to listen to the oral argument
broader concept than just physical convenience for me  we can't just look at the fact that the event does business in that county instead that's enough to create convenience we have to look at other factors in this case the other factors are the significant amount of medical care it's that issue in this case that took place in government county by by  acknowledged to that single line county could be a convenient form so i guess my question is if the court was wrong as far as madison county goes do you get to decide that it goes t montgomery county i just wonder they didn't treat him like i want it and in today's world of medicine so to speak we see a lot of doctors moving into these rural counties so that there's health care forwarded in these rural counties and they're coming from say madison wherever so how do we treat all of these people i mean i made a list of all the different counties that were  they have a residence somewhere but the fact that they go into montgomery are we to hold them responsible in montgomery for the treatment that they pander in montgomery or are we going to look at their residence according to says well either directly or what do you see is the impact of the defendant not speaking up i mean you have personal experience with that issue on the other side and that's really what i'm trying to get that is the burden of proof is carried by the person making the motion so if you have silence i'm not sure that burden of proof is  from what he was testifying to that he had she my affidavit that i would drive i had to come to the trial and it would be further for me to drive through the madison county which would be more disruptive impede my ability to fill my professional obligations to my
case thirteen fourteen zero five nicholas roberson vs j toys argument not to exceed fifteen minutes per side mr dean for the
limitations section thirty two seven specifically says that that that doesn't apply and in fact one of the cases going to debilitate proportion to rely upon the city of displays versus the city among prospect the only case it comes up with rather commencement of an action is saying they have a fee search an affirmative defense is fundamentally different than the commencement of an action you do so how do you distinguish and how do you end up saying that affirmative defense
yes i am sharp because sharp i read it and that i know just struck me as sort of simpler approach than what you've laid out we've done everything possible to make our position consistent with chart and i believe the court and shot both the court below and this court first look to the product in question and decide whether or not it would be eliminated  applications and you have a heading which talks about one application but not the other nine i put cation under the term schedule of events just to put it into the general heading of the ten the coverage ten rather than just the one that covers a specific could be compared to the shark pants in the sense that they are simply flat glass panels virtually all of the other hands which are the subject of this case have many many many custom describe enough characteristics of this merchandise well you have to presume that the court actually considered all the evidence and considered all the characteristics and in fact those particular characteristics  for a particular product other parts meaning very clearly that is no two ways to find since to determine the classification of a particular product you never get to know me certainly never get to see it sort of like climate  be correct by customs pulling compass these particular l c d s either as indicator panels control panels or is looking pretty good devices not specifically provided for in other provisions  if it's going to be disregard some of the products and i hope this was clear enough initial presentation some of the products we feel that the statute sorts the products as first two goods and we assume if you that that would include products which have drivers and products which are described as models no to be specifically relates to products
person seven days and that is seventy four percent improvement over the level that the inspector general found in his two thousand and three audit as part of this year's consultations with information technology that can be done and the final thing that we will do between now and september thirtieth is to process all appropriate personnel whether the leave donations that had been given to him will return back to the bank of the individual did not need the full spectrum of that award to address the medical deficiency why i would like to mention though that although clearly the inspector general's report suggested that we needed to put some additional controls on the backend of the  program which we have done and which will train service personnel twenty now in september thirtieth i would like to mention that we do have a number of controls that have been in place for a long time on the front end of the process and that i
us who reached out to residents in illinois on january seventh of two thousand and seven when they wrote a letter saying we want to represent you in your purchase of property in north carolina this is the they say we will all represent you to the extent of history that you have for a good workable title to the property and we can invite anyone legal questions concerning the title of title insurance and covenants and conditions with respect to the loan documents the extent of what their involvement is and i believe those are issues actually that should be raised during the trial this case and in the complaint one of the allegations is that they committed no practice by virtue of the fact that they had a conflict of interest by virtue of one step further in h s and that has offices in fourteen states they represent buyers and sellers in all of those states their principal place of business is georgia so even though the property is located in north carolina basically the position of the players in this case now the defen to allow them to escape having to account in other states for the consequences that arise proximately from their actions again as case here the defendants did it they paid for the services that they provided three eighty in another forum for disputes relating to those activities now that's nineteen found that the purchasing decision was decided certainly in modern business practices over the last twenty five years  you briefings to indicate that the real distinction is the fact that it's a contribution actually a case pending so it makes sense to bring again but even though we have begun to see here in the smaller towns we don't know for sure we've got
that in the year two thousand the parents of these seven several things oh no one hundred acre farm where they had raised their seven children and the parents also along the thirty six acre farm nearby find the treasure agreement further provided that the income was to be very paid to the parents or the survivors of them for their life and after both parents had passed away the trust majority of the siblings or it has to be in writing it does not say that it can be revoked at any time it would have been very easy for the draft or the author of this dress to agreement to provide at any time but that was of it and therefore paragraph one really gives us no guidance as to when that dressed may or may not be revoked however in reading paragraph two were replaced by susan and mary jane in that same document the four siblings directed the sale of the one hundred acre farm just  complaint which were to be taken as far as is apparent from the court's purple ruling which is in france the court should have considered those surrounding circumstances that is the family we say to supreme court cases and the cincinnati insurance company vs river city case from this court in two thousand and one for the proposition that the surrounding circumstances should have been considered by the trial court in addition d amended complaint allegation should have been taken as true in finally in the previous there are two arguments of wavering that have been grappling with and trying to understand one argument was that the plaintiffs in this case waive their right to present law in a way is that we must view the entire document as a whole not using any provision in isolation and that supports are given that we can't just look at paragraph five and say which expressively said before the cap before the agreement was  so again this pin on is in a position to view the evidence that was in the record it was before the drought not councils or the appellant speculation about what the party's intention might have been with their intent outset there's no basis to support this ingestion and the reason we're still family settlement agreement not in writing and the trust agreement as in the northern trust me tara case articulated it says that it new original language they have the same right to operate i mean jordy and everyone knew the rules from the outset and my clients are by those and i think it's also significant that it's not the case that know at this stage of the game at this stage of the game just questions whether if there's an ambiguity whether there are the proceedings to hear no if it's not it's not all or
is the natural disaster so it could be a fourteen day window to be forty would be sixteen hour window so that that poll is designed for you to get more information by radio or you visit the web sites the tax home gives you a timeline to sort of timeline base two hundred dollars difference as opposed to having the right personnel with all of their experience so it's more of a management capability really need to understand the staffing levels and what is the soul you know we we need to focus on what those parties are and what values they bring to the king thank you for really understanding the management of this whole process where the properly qualified people is basically the bottom line for us to respond to our community and that's the whole premise behind  eat the construction wasn't complete for three months later so we had three months of fifteen so the chief put aside five on each if they were supposed to be on as a crew and we utilize
now for the first time this is what the german  a thing the russians and never forget these are the things the russians  here but here unlike everywhere else in russia the winter was an analogy but an enemy here the ten twenty thirty below zero temperatures could only be more stop more hardship in the me that was leningrad like the germans covered the bad left one avenue of re first day it seemed that every man woman and child in the  powering peaks rising to heights of as much as eighteen thousand feet with only one practical highway perversities and baquba the biggest oil field is on the other side to reach back through the only feasible military route was along the hundred ninety says twenty thousand three hundred sixty thirty thousand seven hundred five machine guns more than five hundred thousand rifles seventy million shells hundred twenty eight million