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5 Mar 2024, 6:02 am
" Plaintiff's termination is ripe for trial on her retaliation claim because (1) she was never given a reason why she was chosen for the RIF, and (2) plaintiff in fact possessed the skills that management later claimed (on the summary judgment motion) she lacked, and management's claim to the contrary was speculative.Plaintiff may also win the retaliation claim because a similarly-situated male colleague, Shelton, was not fired despite similar qualifications, and one key… [read post]
5 Mar 2024, 5:50 am
Plaintiff filed a motion requesting more time to conduct discovery pursuant to Tennessee Rule of Civil Procedure 56.07, as well as a motion to amend. [read post]
5 Mar 2024, 5:01 am
We also note that Cusi did not take discovery before Gibson filed her anti-SLAPP motion, leaving Gibson's subjective intent very much an open question. [read post]
4 Mar 2024, 11:00 pm
The court granted the motion. [read post]
4 Mar 2024, 10:00 pm
We have you covered on everything from Rule 34 requirements to drafting and formatting to motions to compel discovery. [read post]
4 Mar 2024, 10:00 pm
HAVE WE GOT SOMES NEWS FOR YOU ….When plaintiff "D" moved for a default judgment against the NY Post, the New York County Supreme Court denied the request and spontaneously dismissed the case based on improper service of the pleadings.When an appeal was later filed, the Appellate Division, First Department, thought that while the judge was correct in denying the entry of a default judgment, it thought that the litigation shouldn't have been dismissed, particularly in the… [read post]
4 Mar 2024, 7:16 pm
The court granted the husband’s motion for reconsideration and vacated the order. [read post]
4 Mar 2024, 5:56 pm
Asa result, the Court GRANTS the Plaintiffs’ motion for summary judgment andDENIES the Government’s motion to dismiss and alternative cross-motion forsummary judgment.I. [read post]
4 Mar 2024, 1:24 pm
” By dying for what he believed in, Socrates set in motion the schools (Plato’s Academy and Aristotle’s Lyceum) on which our universities are modeled today. [read post]
4 Mar 2024, 1:17 pm
In both Rice and Huffman, the court rejected the anti-SLAPP motions. [read post]
4 Mar 2024, 11:24 am
Therefore, the court granted the defendant’s motion to dismiss the complaint in its entirety. [read post]
4 Mar 2024, 9:37 am
It was decided on motions to dismiss. [read post]
4 Mar 2024, 9:00 am
Recently, a Georgia federal district court permitted an employer’s counterclaims against its former employee-whistleblower to proceed in a False Claims Act (“FCA”) lawsuit after determining that the employer’s amended counterclaims for breach of fiduciary duty and breach of contract were sufficiently independent from the underlying FCA claims to survive a motion to dismiss, despite significant factual overlap. [read post]
4 Mar 2024, 9:00 am
Recently, a Georgia federal district court permitted an employer’s counterclaims against its former employee-whistleblower to proceed in a False Claims Act (“FCA”) lawsuit after determining that the employer’s amended counterclaims for breach of fiduciary duty and breach of contract were sufficiently independent from the underlying FCA claims to survive a motion to dismiss, despite significant factual overlap. [read post]
4 Mar 2024, 9:00 am
” In conclusion, the court granted LINA’s motion for judgment on the administrative record. [read post]
4 Mar 2024, 6:51 am
” “Brian Boone, of Alston & Bird in Charlotte, North Carolina, has alleged in a disqualification motion that Motley Rice, in the government cases, used its subpoena powers to obtain confidential documents from his client, OptumRx, and some of them pertain to opioids. [read post]
4 Mar 2024, 6:30 am
On January 31, 2024, Lampert’s counsel filed a motion for reargument with respect to the End-Stage Transaction, arguing that correction of an alleged error in the court’s valuation analysis should lead to the conclusion that the price fell within the range of reasonableness or at least would result in a substantial decrease in the damages awarded by the court. [read post]
4 Mar 2024, 6:30 am
On January 31, 2024, Lampert’s counsel filed a motion for reargument with respect to the End-Stage Transaction, arguing that correction of an alleged error in the court’s valuation analysis should lead to the conclusion that the price fell within the range of reasonableness or at least would result in a substantial decrease in the damages awarded by the court. [read post]
4 Mar 2024, 6:00 am
"Opining that a reasonable jury could conclude that the Union’s decision was not arbitrary, irrational, or taken in bad faith, the Circuit Court affirmed the district court ruling, holding that the lower court "did not err in granting [the Union's motion for] summary judgment".* Plaintiff, in her deposition, "did not assert that she thought that the [Union's] arbitration decision was connected to the Union election".Click HERE to access the Circuit… [read post]
4 Mar 2024, 6:00 am
"Opining that a reasonable jury could conclude that the Union’s decision was not arbitrary, irrational, or taken in bad faith, the Circuit Court affirmed the district court ruling, holding that the lower court "did not err in granting [the Union's motion for] summary judgment".* Plaintiff, in her deposition, "did not assert that she thought that the [Union's] arbitration decision was connected to the Union election".Click HERE to access the Circuit… [read post]
