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20 May 2024, 8:55 am
It has required plaintiffs alleging constitutional violations also to show that they can satisfy certain elements of common-law claims. [read post]
20 May 2024, 7:39 am
Plaintiff found out about the adverse ruling by running a search on the MSPB's website. [read post]
20 May 2024, 7:30 am
District Court for the Northern District of Illinois conditionally certified a collective action of female workers employed by AstraZeneca, and approved notice to be sent to female sales … Continue reading "Plaintiffs Win Conditional Certification In Gender Bias Lawsuit Against AstraZeneca" [read post]
20 May 2024, 6:30 am
However, in the past few years, the Caremark cases brought by the plaintiffs’ bar have been met with increased receptivity, and the court has found in several cases, at the pleading stage, that it was reasonably conceivable (the Delaware standard to survive a motion to dismiss) that directors or officers may have breached their Caremark duties. [read post]
20 May 2024, 6:30 am
However, in the past few years, the Caremark cases brought by the plaintiffs’ bar have been met with increased receptivity, and the court has found in several cases, at the pleading stage, that it was reasonably conceivable (the Delaware standard to survive a motion to dismiss) that directors or officers may have breached their Caremark duties. [read post]
20 May 2024, 6:26 am
Supreme Court case that allowed securities class action plaintiffs to rely on a rebuttable presumption of market efficiency in demonstrating reliance, is over 35 years old.[10] So is the U.S. [read post]
20 May 2024, 5:57 am
.) -- on renewed summary judgment uncontested by plaintiff, ruling that: (1) FBI established that it performed a reasonable search for records related to plaintiff’s conviction for manufacturing child pornography, in part, by averring that it “searched all locations and files reasonably likely to contain responsive records, and there is no basis for the FBI to conclude that a search elsewhere would reasonably be expected to locate responsive records subject to the… [read post]
20 May 2024, 5:00 am
, a Plaintiff sued his own doctors who declined to give him a Certificate of Merit to allow the Plaintiff to pursue a medical malpractice claim against other doctors. [read post]
20 May 2024, 4:55 am
The plaintiff appeals. [read post]
20 May 2024, 4:30 am
Later, that coworker told the plaintiff about it. [read post]
20 May 2024, 4:26 am
Oral Argument and Decision on Defendants’ Motion to Dismiss Justice Schecter’s first question out the gate set the tone for the rest of the argument: I really want to focus on the agreement that was signed… Why does that not utterly refute the plaintiff’s claims here in every single way? [read post]
20 May 2024, 4:14 am
The plaintiffs claimed that the employer misclassified the workers as Laborers or Operating Engineers when they were really performing Electrician work, which is a higher rate. [read post]
20 May 2024, 4:10 am
Plaintiff additionally filed a Memorandum in Support of Its Motion for Preliminary Injunction (full text). [read post]
19 May 2024, 11:00 pm
CHECKS REFLECTED THAT THE DISPUTED INVOICE HAD BEEN FULLY PAIDIn a commercial claims case brought in the Kings County Civil Court, CEH&AC alleged that it was owed money for heating system services provided to MRE&P.While the plaintiff alleged that some $2,203.94 was due, after a hearing (and a review of the defendant’s payment receipts), the judge ended up dismissing the case.On appeal, the Appellate Term, Second Department, noted that the defendant’s check memos… [read post]
19 May 2024, 9:05 pm
In a 2-1 ruling, the appeals court rejected the plaintiffs’ two primary claims. [read post]
19 May 2024, 7:00 am
For others, this case still serves as a good reminder green claims are being scrutinized closely by competitors (as well as regulators and plaintiffs’ attorneys). [read post]
18 May 2024, 10:53 am
The plaintiffs emphasized the urgency of the matter, noting that the deployment was scheduled for May 23. [read post]
18 May 2024, 7:41 am
“[T]he lengthy delay, in and of itself, is a prima facie showing that plaintiffs failed to exercise reasonable diligence in serving defendant, shifting the burden to plaintiffs to provide a satisfactory explanation for the delay” Ollins v. [read post]
17 May 2024, 4:54 pm
Plaintiffs have also not offered any evidence that the transportation plan has compelled them to affirm or disavow a belief forbidden or required by their religion. [read post]
17 May 2024, 3:20 pm
Once you find yourself involved in a federal Fair Labor Standards Act lawsuit (whether as a plaintiff or a defendant,) you might imagine an elaborate litigation process with an intensely contested trial. [read post]
