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10 Jan 2022, 6:00 am by K. Tyler O'Connell, Samuel E. Bashman
Oct. 29, 2021)To survive a motion to dismiss in the demand refusal context, the plaintiff must allege facts that create a reasonable doubt that the board’s decision to deny the demand was consistent with its duty of care to act on an informed basis or that the board acted in good faith, consistent with its duty of loyalty. [read post]
3 Aug 2010, 7:03 am
A personal injury plaintiff may typically recover damages for: • Temporary or permanent injuries In determining damages, the nature and extent of the plaintiff's injuries, as well as the effect of the injuries on the plaintiff's ability to function, are considered by the court or jury. [read post]
19 Dec 2007, 9:00 pm
 Sarnowski also contains an important reminder about how plaintiff's can establish that they are disabled for purposes of the New Jersey Law Against Discrimination. [read post]
20 Jul 2023, 10:05 am by Eric Caligiuri
Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object. [read post]
3 Apr 2012, 4:08 pm
In summary of the plaintiffs opposition to the defendant’s summary of judgment, the plaintiff asserted that the defendant was responsible for every part of its premises. [read post]
1 Mar 2019, 3:12 am by The Law Offices of John Day, P.C.
As we have seen before, plaintiffs here simply did not have the evidence to survive defendant’s motion for summary judgment. [read post]
25 Jun 2014, 6:00 am by Daniel E. Cummins
The Plaintiff then collided with the Defendant’s stopped vehicle. [read post]
9 Apr 2010, 6:32 pm
Here's another case in which a plaintiff forfeited his right to punitive damages because he failed to present meaningful evidence of the defendant's financial condition.The plaintiff won a verdict for $288,000 in compensatory damages and $160,000 in punitive damages. [read post]
4 Aug 2012, 12:41 pm
Moreover, it is not clear from the plaintiff's testimony how much the dog's lower jaw actually entered her mouth. [read post]
23 Mar 2016, 11:57 am by Patrick T. Ryan
  The jury’s award was $2.9 million, but that amount was less than half of what plaintiffs’ expert calculations suggested. [read post]
23 Mar 2016, 11:57 am by Patrick T. Ryan
  The jury’s award was $2.9 million, but that amount was less than half of what plaintiffs’ expert calculations suggested. [read post]
24 Nov 2019, 2:48 pm by DeFrancisco & Falgiatano
In other words, the plaintiffs expert affidavit did not state that diagnostic imaging was indicated due to the plaintiffs medical history, or that the plaintiffs harm was caused by a delay in discovering the plaintiffs AVM, or diagnosing the plaintiff with a seizure disorder. [read post]
28 Jun 2023, 5:59 am by The Law Offices of John Day, P.C.
Plaintiff further asserted that defendant was negligent in failing to take into account plaintiffs loss of health benefits, and in failing to file suit against another potential defendant. [read post]