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17 Nov 2011, 6:33 am
The Court of Appeals of Maryland recently issued two separate published opinions that protect a plaintiff's right to a jury trial in slip and fall cases involving black ice. [read post]
23 May 2022, 10:57 am
Paul Oetken denied the plaintiff’s fee petition, holding that the plaintiff had not shown that the supplemental disclosures conferred a “substantial benefit. [read post]
16 Oct 2019, 11:36 am
Access online today’s for-publication ruling of the Pa. [read post]
27 Apr 2007, 5:08 am
This fact is borne out not only by plaintiff’s own admissions, but by plaintiff’s counsel’s previous abortive attempt to bring a seemingly identical lawsuit in another district. [read post]
20 Oct 2008, 5:47 pm
The commercial fishing plaintiffs in the Exxon Valdez litigation, after years of complaining about the delays created by ExxonMobil's appeals, are now creating further delays by fighting amongst themselves over the distribution of the punitive damages award.Back in August, ExxonMobil agreed to pay a portion of the punitive damages award ($383 million). [read post]
24 Jul 2009, 5:55 am
Click here for the NYT’s obituary. [read post]
8 Jun 2017, 4:00 am
Temporary Total Disability Benefits or “TTD” require the employer or its workers’ compensation carrier to pay indemnity benefits roughly equal to two-thirds of the employee’s average weekly wages. [read post]
18 Aug 2006, 7:55 am
His firm's website can be found here. [read post]
4 Jun 2010, 7:13 am
Still worth a read.The word of the year for plaintiff's lawyers these days is Iqbal, as in Ashcroft v. [read post]
5 Nov 2014, 1:31 pm
But, as Plaintiff’s counsel acknowledged at oral argument, and as Plaintiff himself has testified in a sworn declaration, the image was not created by Plaintiff; it is an image of Plaintiff. [read post]
29 Aug 2012, 7:47 am
., August 29, 2012: It is well settled that on a motion to dismiss, the Court’s function is not to weigh the evidence but only to determine whether plaintiff’s proofs, together with all favorable inferences permissible therefrom, could sustain a judgment in plaintiff’s favor, i.e., whether plaintiff has presented a prima facie case. [read post]
10 Feb 2016, 2:34 pm
The plaintiff argued that the manufacturer’s failure to include the option on the truck he was driving constituted a design defect, and he requested damages as a result. [read post]
29 Nov 2012, 7:40 pm
Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois' "Right to Farm Act," 740 ILCS 70/1, didn't bar the plaintiff's nuisance suit against the defendants and their cattle farm. [read post]
15 Oct 2018, 2:34 pm
But it’s hardly relevant unless the plaintiff alleges he drank it himself, which he does not. [read post]
12 Sep 2023, 5:00 am
The court explained that proximate cause refers to a direct link between a Defendant’s actions and a Plaintiff’s harm. [read post]
24 Jun 2020, 5:00 am
R.C.P. 2355 since the personal representative of the Plaintiff’s estate had not been substituted as the named party in the lawsuit within one (1) year of the Plaintiff’s death. [read post]
25 Jun 2024, 5:01 am
Waples) on June 12: Plaintiff was performing work at Amy's Bakery in Brattleboro…. [read post]
14 Aug 2019, 1:52 pm
Sanders, the estate of a deceased woman filed a wrongful death claim against the nursing home claiming that the nursing home’s negligence was the cause of the woman’s death. [read post]
3 May 2013, 4:48 pm
Robinson addressed a non-party’s motion to quash plaintiff’s subpoena and plaintiff’s cross-motion to compel. [read post]
29 Dec 2016, 10:46 am
In dismissing plaintiff's Labor Law §§ 240(1) and 241(6) claims, the First Department found that the "tilt" was de minimis, and thus not an elevation-related hazard. [read post]
