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24 May 2024, 7:49 am
Roughly speaking, plaintiffs in northern Illinois, which is more urban, lost; plaintiffs in southern Illinois, which is more rural, were successful, and a judge there held that the statute was unconstitutional in all its applications and barred the state from enforcing it. [read post]
24 May 2024, 3:58 am
The basis for the plaintiff’s allegations was the defendant’s conduct in the 2011 action, consisting of, inter alia, an alleged deceitful representation by the defendant in response to the plaintiff’s discovery demands, wherein the defendant represented that there were no notes taken by Town employees related to the plaintiff’s alleged violations of the Town Code, and the defendant’s alleged deceitful… [read post]
23 May 2024, 1:23 pm
If plaintiffs cannot provide such a map, Alito emphasized, “it is difficult for plaintiffs to defeat our starting presumption that the legislature acted in good faith. [read post]
23 May 2024, 10:40 am
Moreover, defenses that are unique to a named plaintiff are relevant to the inquiry into whether plaintiff’s claims are typical but are not necessarily dispositive of the issue (Sebo v. [read post]
23 May 2024, 9:34 am
The court rejected the Plaintiff’s arguments under the Gallagher v. [read post]
23 May 2024, 5:29 am
In Craddock v. [read post]
23 May 2024, 5:28 am
From Tuesday's decision in Robertson v. [read post]
23 May 2024, 3:01 am
Fisher v. [read post]
22 May 2024, 9:01 pm
Takeaways More data scraping defendants likely will argue “conflict preemption. [read post]
22 May 2024, 3:44 pm
Shande v. [read post]
22 May 2024, 1:33 pm
KATHY DEASY, Appellant, v. [read post]
22 May 2024, 10:13 am
Selected Posts About State Action Claims Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. [read post]
22 May 2024, 8:21 am
Farmworker Assoc. of Fla. v. [read post]
22 May 2024, 7:03 am
From Luke v. [read post]
22 May 2024, 7:00 am
v. [read post]
22 May 2024, 6:00 am
In Cartwright v. [read post]
22 May 2024, 6:00 am
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v… [read post]
22 May 2024, 6:00 am
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v… [read post]
22 May 2024, 6:00 am
PVH Polymath Venture Holdings Ltd. v. [read post]
22 May 2024, 5:00 am
# # #DECISIONB. v M., LLC [read post]
