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30 Oct 2018, 9:26 am by a.burchfield@csuohio.edu
Causes of Action 2d, which is available on Westlaw and in print, is a phenomenal research tool to help attorneys establish the required elements of a cause of action and its defenses. [read post]
21 Oct 2021, 5:53 pm by Foran & Foran, P.A.
The post Plaintiff Alleges Prescribed Medication Caused Infertility in Maryland Medical Malpractice Action appeared first on Maryland Personal Injury Blog. [read post]
30 May 2012, 12:48 am by John Diekman
Practice point: Pursuant to CPLR 1018, upon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action.Student note: In the absence of an order directing a substitution, the plaintiff was entitled to continue this action notwithstanding the fact that, after commencing the action, he executed an assignment transferring all right,… [read post]
21 Oct 2011, 10:40 am by Eric Tausend
This opinion is a reminder to policyholders that, under California law, an insurer’s duty to defend is determined based on the facts alleged in the complaint, not the causes of action that the plaintiff has chosen to plead. [read post]
28 Apr 2009, 12:48 pm
The Causes and Consequences of Securities Class Action Litigation, by Brian Carson McTier, University of Texas at San Antonio, and John K. [read post]
21 Oct 2009, 2:12 am
On Monday, the Supreme Judicial Court of Massachusetts recognized medical monitoring as a viable cause of action in the Commonwealth of Massachusetts. [read post]
22 Oct 2008, 2:50 pm
This chart sets out the legal elements for thirty-seven causes of action (ranging from abuse of process to unjust enrichment) and fifteen defences (including duress and novation). [read post]
18 Nov 2011, 1:08 pm
Cause of Action for Breach of Confidentiality or Nondisclosure Agreement in Employment Contract Cause of Action for Personal Injury Arising from Independent Medical Evaluation Cause of Action for Wrongful Discharge from Employment in Violation of Retaliation Provision of Fair Labor Standards Act (FLSA) Cause of Action for Injuries Resulting from Horseplay in Workplace Under Workers' Compensation Statute or in Tort… [read post]
5 Apr 2012, 7:15 am
Category: FYI;New in the Library Body: Causes of Action 2d has released volume 51 which includes the following seven articles: Cause of Action Against Church or Religious Organization for Negligent Hiring, Retention, or Supervision of Clergyperson Based on Sexual Abuse Cause of Action Against Municipality for Invalid or Discriminatory Land Use or Zoning Regulation Based on Class-of-One Violation of Equal Protection … [read post]
18 Nov 2011, 1:01 pm
Category: New in the Library;FYI;Legal Research Body: Causes of Action Second has released volume 46, which includes the following seven articles: Cause of Action Under Age Discrimination in Employment Act [29 U.S.C.A. [read post]
18 Nov 2011, 1:19 pm
§§1691 et seq.] in Connection with Predatory Home Mortgage Loans  Cause of Action for Failure to Make Reasonable Accomodations in Workplace Under Americans with Disabilities Act Cause of Action in Strict Liability Tort for Injury Caused by Sudden Acceleration Due to Defective Gas Pedals or Acceleratorts in Motor Vehicle Cause of Action for Damage Caused by Diversion of or Change in Flow of Surface Water … [read post]
11 Dec 2014, 2:04 pm by Howard Wasserman
The new Courts Law essay comes from Lou Mulligan (Kansas), reviewing Jack Preis, How Federal Causes of Action Relate to Rights, Remedies, and Jurisdiction (Fla. [read post]
As pandemic response task forces at the federal and state levels ramp up price gouging investigations and enforcement actions across the country, civil plaintiffs attorneys have jumped to the forefront by utilizing private causes of action to file price gouging-based class action lawsuits against dozens of major retailers and food supply companies. [read post]
Only after the city sought summary judgment did the property owner claim that the complaint also contained nuisance and inverse condemnation causes of action. [read post]
24 Jun 2012, 10:50 pm by Matthew Nied
In order for a person to have the benefit of a confirmation under the Act, three elements must be established: the cause of action must be confirmed, which requires either an acknowledgement of the cause of action, right, or title of another (s. 5(2)(a)(i), Act) or payment in respect of a cause of action, right, or title of another (s. 5(2)(a)(ii), Act); the confirmation must be in writing and signed by the maker (s. 5(5), Act); and the… [read post]
28 Feb 2013, 9:00 am
In a case of first impression, the Montana Supreme Court has joined courts from many other states in recognizing a cause of action for negligent credentialing of a physician. [read post]
28 Feb 2013, 9:00 am
In a case of first impression, the Montana Supreme Court has joined courts from many other states in recognizing a cause of action for negligent credentialing of a physician. [read post]
28 Feb 2013, 9:00 am
In a case of first impression, the Montana Supreme Court has joined courts from many other states in recognizing a cause of action for negligent credentialing of a physician. [read post]