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11 Apr 2012, 3:03 am by Andrew Lavoott Bluestone
"Plaintiff alleges that, on December 7, 2007, he was assaulted in the lobby of a building (the Building), located at 1745 Caton Avenue, Brooklyn, New York, in which he was a tenant and that he hired defendant to represent him in prosecuting his claim (the Underlying Claim) (complaint, 1'8 1, 4 ) . [read post]
4 Nov 2011, 12:33 pm by Rick Hasen
  Here is an interesting snippet from the reply brief: 1. [read post]
12 Aug 2014, 6:00 am by Shea Denning
This rule does not apply to a defendant who previously has been imprisoned in a local confinement facility for a Chapter 20 offense. [read post]
6 Mar 2014, 5:52 pm
Id. at *20.[3] [Cascades' Section 2 claims] must allege [among others] monopsony power in the relevant market. [read post]
13 Apr 2021, 12:07 pm by Jon Sands
The 9th also holds that 3582(c)(1) motions are reviewed for abuse of discretion. [read post]
17 Jul 2013, 5:35 am by Bexis
  Slip op. at 14-20.(2) Express warranty claims alleging that the defendant warranted that the product was "safe, fit, and proper" for its "intended use" were expressly preempted because no particular express language not part of the product's FDA-approved labeling was specified in the proposed amendment. [read post]
3 May 2010, 8:57 am by Moseley Collins
Defendant does not cite the court to Paragraph 17 which incorporates all of the facts stated in the First Cause of Action. [read post]
26 Jul 2012, 9:09 pm by fl_litig8r
If the settlement was conditioned upon a signed release being executed by the plaintiff, the 20 days does not start to run until the plaintiff tenders the signed release to the defendant. [read post]
4 Apr 2016, 2:35 pm
’ The second e-mail was sent on April 20, 2012, and stated:`When the mayor's kids don't show up at home, do you think he'll ignore that as well? [read post]
29 Jun 2022, 11:28 am by Eric Goldman
Third, as to Warby Parker’s discount offer, not only is this unlikely to confuse online consumers who presumably and frequently see discount offers from all types of retailers, Warby Parker’s website not only offers an inferior percentage discount (15% as opposed to 1-800 Contacts’s 20%), but also displays it only once, compared to 1800contacts.com, which also displays its 20% discount offer in a separate banner at the top of the screen, even above its… [read post]
4 May 2020, 7:50 pm by Shea Denning
The installment plan set up fee of $20 under G.S. 7A-304(f) may not be assessed until after the due date has passed. [read post]
8 Jul 2018, 11:09 am
Contrary to defendant's contention, we conclude that, if an injured party/judgment creditor seeks to recover from the insurer an amount above the insured's policy limits on a theory of liability beyond that created by Insurance Law § 3420 (a) (2), the statute does not confer standing to do so. [read post]
3 May 2010, 5:13 am
A computer is a personal effect, see, e.g, Andrus, 483 F.3d at 718-20 (analogizing a computer to a container). [read post]
5 Jan 2010, 2:43 pm by Jon Sands
Now, on this plea and sentence, defendant argues that he deserves to be afforded the original plea terms (max of 20 years). [read post]