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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]
25 Apr 2016, 10:24 am
Both sides in the case agreed that the speed of the defendant’s car was no more than 15 mph when it struck the plaintiff’s vehicle. [read post]
26 Mar 2020, 11:50 pm
However, when determining the plaintiff’s application for leave to proceed where no appearance by defendant, Agar says the court should not assess the strength of the plaintiff’s claim. [read post]
26 Mar 2020, 4:50 am
However, when determining the plaintiff’s application for leave to proceed where no appearance by defendant, Agar says the court should not assess the strength of the plaintiff’s claim. [read post]
14 Jun 2011, 9:40 am
A federal court in New York last week denied plaintiffs' motion for class certification in a case alleging that the run-flat tires on defendant BMW's MINI Cooper S were defective. [read post]
15 Jul 2008, 7:11 pm
But the oil giant argued that because the majority opinion failed to explicitly address whether the plaintiffs' were entitled to interest, the Court’s own rules require that they can collect none. [read post]
23 May 2022, 2:52 pm
In Sirott, the plaintiff’s derivative claims were properly ordered dismissed because the plaintiff lacked standing after it lost its interest in the limited liability company—i.e., the real party in interest with respect to the derivative claims. [read post]
2 Feb 2024, 12:05 pm
The "eggshell plaintiff" or "eggshell skull" doctrine generally "holds that holds that a defendant’s liability in a tort claim is not mitigated by a plaintiff’s unforeseeable, pre-existing susceptibility to injury. [read post]
5 Apr 2024, 6:00 am
Two former high-ranking public school district employees [Plaintiffs], alleging breach of their employment contract with the school district, appealed a federal district court's granting the Board of Education's motion for summary judgment.* Plaintiff's contended that the federal district court was incorrect in concluding that they did not possess the contractually requisite certifications for their positions at the time of their… [read post]
5 Apr 2024, 6:00 am
Two former high-ranking public school district employees [Plaintiffs], alleging breach of their employment contract with the school district, appealed a federal district court's granting the Board of Education's motion for summary judgment.* Plaintiff's contended that the federal district court was incorrect in concluding that they did not possess the contractually requisite certifications for their positions at the time of their… [read post]
2 Jun 2014, 7:35 am
On May 27, Judge Laura Taylor Swain of the Southern District of New York granted Morgan Stanley’s motion for reconsideration and dismissed as time-barred claims brought by certain named plaintiffs (the New Plaintiffs) first added to the case more than a year after it was originally filed. [read post]
6 Sep 2019, 5:32 pm
Plaintiff’s Right to Amend a Complaint On appeal, the court discussed the shifting burden of proof in medical malpractice claims, from the defendant, who must establish that there was no deviation from the standard of care or that any deviation was not the cause of the plaintiff’s harm, to the plaintiff, who must submit facts or evidence sufficient to refute the defendant’s claims. [read post]
25 Feb 2015, 12:50 am
Tri-S Sec. [read post]
18 Mar 2010, 4:30 am
The district court excluded the testimony of the Plaintiff's expert, Dr. [read post]
18 Jul 2016, 5:01 am
The judge granted the plaintiff his request for a new trial, but that state’s supreme court reversed the decision. [read post]
21 Jul 2021, 2:22 pm
” More and updated information will be available at the Plaintiffs’ Executive Committee negotiation team’s forthcoming website: www.nationalopioidsettlement.com. [read post]
4 Nov 2020, 2:00 am
Count I of plaintiff’s complaint asserted negligence against Green, and Count II asserted negligence against Pan-Oceanic. [read post]
2 Jun 2014, 9:17 am
Judge Andrews granted plaintiff's motion without an award of fees. [read post]
21 Sep 2016, 4:10 pm
Plaintiffs challenged TDHCA’s allocation of Low Income Housing Tax Credits (“LIHTC”) in the Dallas metropolitan area. [read post]
5 Oct 2007, 9:45 am
Superior Court panel issued a non-precedential opinion that reinstates the jury's verdict in plaintiffs' favor. [read post]
