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” The panel noted that the parties agreed that Applecars alone never met the fifteen-employee threshold, and that if all dealerships were aggregated the threshold would be met. [read post]
5 Apr 2018, 4:15 am by Andrew Lavoott Bluestone
  While legal malpractice cases suffer a disproportionately high rate of dismissal  in all settings, in the pro-se area the dismissal rates are very high. [read post]
15 Nov 2010, 6:06 am by The Docket Navigator
In response, [plaintiff] did not attempt to distinguish the prior art over the original claims; instead, it amended all of the independent claims and added three new claims. . . . [read post]
5 Sep 2015, 7:12 am by Stephen Bilkis
Regardless of whose duty it was to maintain the sidewalk at the bus stop location, the City, M Realty and A Realty all argue that plaintiff’s complaint should be dismissed on the premise that plaintiff cannot establish exactly where she fell, and thus, has not made out a prima facie case of negligence. [read post]
5 Sep 2015, 7:12 am by Stephen Bilkis
Regardless of whose duty it was to maintain the sidewalk at the bus stop location, the City, M Realty and A Realty all argue that plaintiff’s complaint should be dismissed on the premise that plaintiff cannot establish exactly where she fell, and thus, has not made out a prima facie case of negligence. [read post]
15 Nov 2012, 7:24 am by Ari Burd
  In response, the employer posted a memorandum directed to all employees informing them of the suit. [read post]
14 Dec 2009, 8:50 am by Matt C. Bailey
See id., at 9 (“These individualized proof determinations – all involving state law class claims – would likely predominate over Plaintiff's single federal claim. [read post]
28 Feb 2010, 7:29 am by Moseley Collins
THE JUDGE HAS REPEATEDLY ABDICATED HIS RESPONSIBILITIES AS JUDGE AND DELEGATED SOLE ARBITRARY AUTHORITY TO THE DEFENSE TO SCHEDULE THE DATES OF ALL OF PLAINTIFF'S DEPOSITIONS OF DEFENSE EXPERTS Plaintiff hereby incorporates by reference thereto the Declaration of John J. [read post]
31 Dec 2006, 7:29 pm
" The court found that plaintiff had adequately alleged all these elements. [read post]
5 Apr 2024, 6:00 am by The Law Offices of John Day, P.C.
Here, defendants’ factual allegations all related to statements plaintiffs allegedly made about things they would do in the future. [read post]
12 Nov 2009, 5:13 am
Here, the Plan Administrator had interpreted the term "employee" to be limited to individuals on ExxonMobil's payroll, a category that does not include all persons who might be considered employees under ERISA. [read post]
18 Mar 2013, 9:35 am by Sheppard Mullin
All three defendants voted against SSO approval of plaintiff’s product, and then variously engaged subsequently in a number of asserted “procedural irregularities” to ensure non-approval by the SSO. [read post]
5 Jun 2011, 2:02 pm
The court found that the plaintiffs were not "similarly situated" for purposes of a FLSA collective action, and dismissed all of the claims except those of the original plaintiff. [read post]
18 Apr 2012, 4:30 am
 Thus, the Court concluded that in all relevant aspects, the analysis in Breakman was fully applicable to a proper analysis in this case. [read post]
5 May 2014, 10:49 am by Stephen Bilkis
The plaintiff asserts at this point that all of the pretrial proceedings have been completed and now moves for trial. [read post]
5 May 2014, 10:49 am by Stephen Bilkis
The plaintiff asserts at this point that all of the pretrial proceedings have been completed and now moves for trial. [read post]
31 Jul 2012, 9:32 pm by Ted Folkman
The judge held that on the undisputed facts: The LAPs’ procurement of the termination of judicial inspections, the adoption of the global assessment, and the appointment of Cabrera all unquestionably were tainted. [read post]
20 Mar 2012, 3:42 am by Andrew Trask
Burns sought to represent a class of All consumers residing in the State of California who were exposed to Defendant's Ads and purchased their prescription for YAZ for the first time, during the period of time between August 20, 2007 and January 26, 2009. [read post]