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15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's… [read post]
14 May 2018, 6:46 am by MBettman
Wal-Mart Stores, Inc., 93 Ohio St.3d 488, 756 N.E.2d 657 (2001) (Spoliation claim not barred by res judicata in cases in which evidence of spoliation is not discovered until after the conclusion of the primary action.) [read post]
12 Jan 2018, 8:19 am by MBettman
Wal-Mart Stores, Inc., suggesting that the misrepresenting or even withholding of evidence might be an actionable wrong, was dicta.) [read post]
29 Mar 2016, 4:04 pm by Thomas Kaufman and Melissa Smith
  Justice Kennedy further explained that this ability for individuals to rely on the statistical evidence in their individual cases distinguished this case from Wal-Mart Stores, Inc. v. [read post]
23 Mar 2016, 11:57 am by Patrick T. Ryan
  By contrast, the Court said that its disapproval of the plaintiffs’ attempt to use sampling and statistical evidence in Wal-Mart Stores, Inc. v. [read post]
23 Mar 2016, 11:57 am by Patrick T. Ryan
  By contrast, the Court said that its disapproval of the plaintiffs’ attempt to use sampling and statistical evidence in Wal-Mart Stores, Inc. v. [read post]
22 Mar 2016, 3:30 pm by Wystan Ackerman
The Court distinguished the “Trial By Formula” method that was rejected in Wal-Mart Stores, Inc. v. [read post]
16 Feb 2016, 5:55 am
It would seem that his IP did not play a major role in his thinking as he applied his staunch conservatism to a variety of subjects.Against that background, this Kat found particularly interesting Justice Scalia's decision in the case of Wal-Mart Stores, Inc. v. [read post]
10 Nov 2015, 7:27 pm by Seyfarth Shaw LLP
On appeal, Tyson Foods argued that plaintiffs’ use of averaging constituted impermissible “trial by formula” under Wal-Mart Stores Inc. v. [read post]
10 Nov 2015, 10:48 am by Lyle Denniston
The Justices’ criticism of “trial by formula” came four years ago in Wal-Mart Stores v. [read post]