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24 Jun 2022, 9:02 pm
" Claimant does not allege that defendant's age limitation hiring plan is a subterfuge to evade the purposes of the ADEA; rather, claimant contends that the exception does not apply here, where claimant worked as a part-time officer and attempted to transfer into full-time employment. [read post]
24 Jun 2022, 9:02 pm
" Claimant does not allege that defendant's age limitation hiring plan is a subterfuge to evade the purposes of the ADEA; rather, claimant contends that the exception does not apply here, where claimant worked as a part-time officer and attempted to transfer into full-time employment. [read post]
6 Nov 2019, 3:29 pm
Noon suffered from hyperlipidemia, Type 2 diabetes, migraines, COPD, asthma, and tobacco use. [read post]
Resort Rental Company Sailed Away to Federal Court Because Plaintiff Failed to Consider CAFA Removal
22 Dec 2008, 12:30 pm
Specifically, the plaintiff argued that the defendant should be required to identify the number of times it used a pre-recorded message when the subscriber of the residential telephone line (1) did not provide the defendant with prior express consent, and (2) did not have an established business relationship with the defendant. [read post]
9 Oct 2019, 11:52 am
Evangelisto Ramos was convicted of a 2014 murder in New Orleans in state court by a vote of 10 jurors to 2. [read post]
25 Mar 2011, 7:44 am
CCP 998(c)(2)(A) deals with the situation where a defendant's 998 offer to compromise is not accepted by a plaintiff and that plaintiff does not obtain a more favorable award than the defendant's 998 offer to compromise. [read post]
18 Dec 2017, 12:12 am
According to the BGH, this does not constitute an act of making the images available to the public, even when a visitor of the website could have the impression that the images are actually stored on the defendant’s servers.Next, the court provided a thorough analysis of the right of communication to the public (Art. 3(1) of Directive 2001/29, which is implemented in § 15 para 2 UrhG(Urheberrechtsgesetz, the German copyright code). [read post]
12 Aug 2013, 8:28 am
Finally, the court found that AWP had successfully stated a claim for unjust enrichment which requires a showing that (1) plaintiff conferred a benefit on defendant; (2) defendant knew of the benefit and should have expected to repay plaintiff; (3) defendant accepted the benefit without paying for its value. [read post]
21 Sep 2014, 4:56 pm
However, the defendant, in previously submitting his own motion made no greater showing of materiality or reasonableness than does the prosecution, and, yet, his requests have been largely granted. [read post]
2 Feb 2009, 2:17 pm
M2006-02767-SC-R11-CF (Tenn. 2/2/09) is not yet on the AOC website. [read post]
4 Sep 2014, 1:18 pm
Chanel’s Salon and ChanelJones, 2:14-cv-00304. [read post]
23 Aug 2020, 11:27 am
Id. at *2. [read post]
22 Sep 2021, 10:18 am
” The court of appeals said that the district court applied GNC accordingly by holding as follows: GNC thus does not broadly hold that a false advertising claim based on a statement grounded in science must fail if the defendant presents an expert witness supporting its position. [read post]
21 Jun 2020, 1:46 pm
Id.at *2. [read post]
3 Apr 2007, 11:03 am
While F.R.App.P. 10(e)(2) allows the correction of misstatements in the record, it does not allow the introduction of new evidence in the court of appeals. [read post]
2 Jul 2008, 10:00 pm
The Court concluded it does not. [read post]
29 Sep 2016, 12:20 pm
According to the Court the case should be sent back to determine the restitution owed because “[b]efore a defendant may be directed to pay restitution, a hearing must be held if either: (1) the defendant objects to the amount of restitution and the record is insufficient to establish the proper amount; or (2) the defendant requests a hearing” (People v Morrishill, 127 AD3d 993, 994; see Penal Law § 60.27[2]; People v Consalvo, 89 NY2d… [read post]
30 Oct 2012, 4:49 am
(Docket No. 111, at 2.) [read post]
7 Aug 2014, 12:21 pm
(2) What generalizable conclusions? [read post]
12 May 2020, 3:00 pm
Tim HoeffnerPaul FerrilloIn the following guest post, Tim Hoeffner and Paul Ferrillo of the McDermott Will & Emery law firm take a look at Southern District of New York Judge Ronnie Abrams’s April 2, 2020 order granting the defendants’ motion to dismiss in the Adient PLC Securities Litigation. [read post]
