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1 Apr 2024, 4:55 am by Eric B. Meyer
In 2022, the Supreme Court eliminated any notion that the defendant’s delay prejudiced the plaintiff. [read post]
1 Apr 2024, 4:35 am by Franklin C. McRoberts
Under the former, in Glenn v Hoteltron Sys., Inc. (74 NY2d 386 [1989]), New York’s highest court held that a fee award to a successful derivate plaintiff is a liability of the entity on behalf of whom the plaintiff sued, not the defendant(s) the plaintiff actually sued. [read post]
1 Apr 2024, 4:01 am by John R. Byrne
Though Carollo is already proclaiming victory in the media, it’s clear that the order was focused on pleading deficiencies. [read post]
1 Apr 2024, 4:00 am by Administrator
Peters) the Plaintiff suffered serious injuries in a 2017 crash. [read post]
1 Apr 2024, 3:00 am by Jeff Welty
” So, for example, a person who believes that he was unlawfully searched by a deputy sheriff might sue the deputy under section 1983, alleging a violation of the person’s Fourth Amendment rights. [read post]
1 Apr 2024, 2:59 am by Allan Blutstein
Mar. 13) found that FERC had reasonably defined a “record” as a single text message (as opposed to “threads”) given plaintiffs request for specific text messages containing certain terms. [read post]
31 Mar 2024, 11:41 pm by Aaron Moss
The court rejected Gap’s de minimis argument on the grounds that the plaintiffs glasses had a particularly unique and distinctive design and were “highly noticeable. [read post]
31 Mar 2024, 10:29 pm by Evan Brown
But that shield does not protect against all of the company’s officers’ conduct. [read post]
31 Mar 2024, 11:24 am by Kevin LaCroix
Because this case “is not one where a plaintiff is merely attempting to pass on its contractual obligations to its insurer, the Court does not find it falls within the purview of California case law. [read post]
31 Mar 2024, 8:20 am by Allan Blutstein
-based users of ‘imgsrc.ru’” was not reasonably described, and plaintiff failed to exhaust his administrative remedies; (2) State Department conducted an adequate search in response to plaintiffs similarly broad request; and (3) denying plaintiffs request for discovery from DHS and the State Department; denying his request for Vaughn indices from DOJ and EOSUA, which were still processing plaintiffs… [read post]
30 Mar 2024, 7:24 pm by Howard Friedman
  In this context, the statement that Get-refusal is domestic abuse clearly is an expression of opinion by an advocacy organization....Finally, Plaintiff takes issue with the flyer’s statement that “Jewish law forbids” various forms of association with Plaintiff.... [read post]
The court first overruled the secretary of state’s view that the plaintiffs appeal is inadmissible. [read post]
30 Mar 2024, 1:00 pm by Eric Goldman
“Because all of YouTube’s actions were expressly authorized by the contract’s terms, Plaintiff has no cognizable claim for breach of the implied covenant of good faith and fair dealing. [read post]
30 Mar 2024, 9:53 am by Larry
" The Court noted several reference documents including plaintiff's own documents in which the GTLS are described as lamps. [read post]
30 Mar 2024, 9:35 am by Eugene Volokh
" Plaintiffs accused Pack of "seek[ing] to quash … coverage that is insufficiently supportive of President Trump," as well as "any coverage, unless unfavorable, of President Trump's political opponents. [read post]
30 Mar 2024, 9:14 am by Eugene Volokh
[D]iscovery would [also] be extremely complicated, as plaintiffs would seek to prove a causal link between Lufthansa AG's disclosure of their marital status and sexual orientation and the Saudi Arabian government's changing of Doe's status from "single" to "married. [read post]
30 Mar 2024, 9:08 am by Mavrick Law Firm
Tortious interference is a common business tort whereby the defendant unlawfully interferes with the plaintiffs business relationship or contractual relationship. [read post]