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18 Nov 2010, 1:49 am
One frequently sees an argument made in motions to dismiss pursuant to CPLR 3211 (multiple sub-divisions) in which evidentiary material is submitted by defendant, and it is argued that damages cannot be ascertained or proven. [read post]
21 Feb 2022, 5:53 pm
But what does the duty require in practice? [read post]
28 Aug 2012, 7:03 am
The Court does not read Mirror Worlds as [defendant] would have it. . . . [read post]
6 May 2012, 6:35 pm
The Court is declining to address the argument raised by the Sanita Construction Company, listed as the third-party defendant, that states the third party plaintiff and defendant, Ciampa Estates, LLC, does not have an entitlement to contractual indemnification since there was no negligence found on the part of Sanita Construction Company. [read post]
11 Jun 2012, 4:00 am
The 9th circuit review and remand is a must read for practitioners seeking to defend extradition on this basis. [read post]
24 Oct 2013, 6:04 am
Dickerson, who is not named as a defendant in the case, injected Peay with contaminated methylprednisolone acetate on Sept. 7, 2012, at the Saint Thomas Outpatient Neurosurgical Center, the 31-page complaint states. [read post]
6 Sep 2018, 5:47 am
According to defendant, Plaintiff has filed a number of motions seeking preliminary injunctions against defendant. [read post]
27 Apr 2009, 9:23 am
The Defendants in the Benjamin case sucessfully completed their probation and the charges against them were dropped. [read post]
17 Aug 2019, 5:30 am
An aggrieved employee does not make an actionable claim if he or she has suffered only isolated instances of sexual harassment. [read post]
12 Sep 2014, 10:45 am
Frank does not make a statement. [read post]
19 Sep 2013, 3:46 am
Last year, DePaul Professor Mark Moller (whose pedigree does not suggest an immediate kinship with plaintiffs' attorneys) asked whether the due process arguments defendants invoke were really grounded in constitutional case law. [read post]
26 Feb 2014, 12:30 am
An odor of alcohol, standing alone, does not provide probable cause to make a DWI arrest. [read post]
17 Feb 2010, 5:33 pm
Doe v. [read post]
20 Jul 2017, 10:00 pm
Valcade does not have the solubility or stability issues that inhibited the FDA approval of bortezomib. [read post]
19 Apr 2024, 12:00 pm
Specifically, the court determined that the net impression of the telemarketing script does not follow the FTC’s and Pennsylvania AG’s theory in which the script describes how the subscription will work, discloses the costs involved, and explains how to cancel the subscription. [read post]
5 Nov 2017, 9:54 am
In support of the latter argument, Defendant cited The Sedona Conference: [FRE] 502(d) does not authorize a court to require parties to engage in ‘quick peek’ … productions and should not be used directly or indirectly to do so. [read post]
4 Sep 2024, 12:48 pm
The post When Does American Pipe Tolling End? [read post]
5 Sep 2017, 12:04 pm
Judge Goldberg held that under Kvaerner, construction workmanship issues did not constitute “occurrences”‘ within the meaning of the CGL policies, as they were not accidental, fortuitous events which the instrument of insurance is designed to cover: “Courts in this circuit have consistently applied Kvaerner and held that claims based upon faulty workmanship do not amount to an ‘occurrence,’ and thus do not trigger an insurer’s duty to… [read post]
30 Apr 2012, 4:30 am
The provision does not require that the local defendant’s alleged conduct form a basis of each claim asserted; it requires the alleged conduct to form a significant basis of all the claims asserted. [read post]
29 Jun 2016, 7:24 am
On appeal, the defendant challenged the district court’s jurisdiction arguing that the court did not have subject matter jurisdiction because the record does not establish that the vessel in which he was apprehended was subject to the jurisdiction of the United States. [read post]
