Search for: "Cause of Action"
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16 Jan 2013, 1:40 pm
Here are several of the "Executive Actions" that may be a cause for concern that I received from the CCRKBA: 1. [read post]
19 Jul 2012, 12:51 am
Practice point: The failure to disclose a cause of action as an asset in a prior bankruptcy proceeding, when the party knew or should have known it existed at the time of that proceeding, deprives that party of the legal capacity to sue subsequently on that cause of action.Student note: The fact that the bankruptcy petition was later dismissed does not change this result.Case: Potruch & Daab, LLC v. [read post]
2 Aug 2016, 5:41 am
The wrongful death claim and claims of the decedent, for example, for pre-death pain and suffering, are distinct causes of action and each can lead to separate monetary awards by a court or jury. [read post]
4 Nov 2009, 7:42 am
Here the discussion will be about a persons' "private causes of action". [read post]
15 Jul 2019, 4:29 am
One is how the statute of limitations is calculated and the other is whether multiple causes of action. [read post]
28 May 2024, 6:21 am
“Ford repeatedly lied to consumers as to the reasons for the problems consumers […] The post Ford Transmission Issue Causes Class Action Lawsuit Against the US Automaker appeared first on California Consumer Attorneys, P.C.. [read post]
18 Jun 2012, 12:31 am
These allegations were sufficient to state the claim.Student note: Plaintiff was not required to show a likelihood of success in the underlying action, but was required only to plead facts from which it could reasonably be inferred that defendant's negligence caused her loss.Case: Polanco v. [read post]
3 Aug 2018, 12:31 pm
No other cause of action — such as a declaratory judgment action — will suffice. [read post]
28 Dec 2021, 1:18 pm
Intentional infliction of emotional distress is not available as a cause of action unless the actor intended to cause severe emotional distress, where such distress is a primary risk of the conduct. [read post]
8 Jul 2011, 2:02 am
The South Carolina Supreme Court has ruled that there is not cause of action for the negligent spoliation of evidence in that state. [read post]
12 Nov 2022, 8:22 pm
Common Trucking Accidents Causing Wrongful Death | Bringing Actions [read post]
23 Feb 2011, 9:40 am
Shareholder Cause of Action in FloridaI recently had occasion research the availability of the shareholder cause of action and the buy-out remedy in Florida. [read post]
21 Jan 2011, 10:29 pm
Cause of Action and Limitation to file a Petition under section 397/398 of Companies Act, 1956? [read post]
7 Nov 2019, 5:00 am
.), the court granted a Motion to Dismiss after confirming that Pennsylvania law does not recognize any independent cause of action for spoliation. [read post]
28 Aug 2019, 4:44 am
Likewise, the allegations of defamation failed to state a cause of action. [read post]
31 May 2010, 6:26 pm
Four days later though, I had found mention of a proposed statute that would make bullying a cause of action, You Thought I Was Kidding About A Cause of Action For Bullying. [read post]
21 Jan 2019, 5:27 pm
Among the consequential damages alleged were engineering costs, painting, repairs, monitoring equipment, and moisture abatement to address water intrusion, loss of rents, and other expenses attributable to mitigating further damage to the property.In REVERSING Supreme Court's dismissal of and reinstating the complaint's second, bad faith cause of action, the First Department held:Here, plaintiff's allegations meet the pleading requirements of the CPLR with respect to… [read post]
30 Aug 2007, 12:53 pm
The opinion permits a bankruptcy trustee to sell a cause of action of a debtor in order to realize assets for the benefit of creditors. [read post]
29 Jun 2012, 10:50 am
In 2011, several district courts arrived at the same conclusion that the statutory language of the MSP and its supporting regs did not support such a cause of action. [read post]
23 Dec 2010, 9:00 pm
Cross v Prairie Meadows Racetrack & Casino, Inc, ___F.3d____(8th Cir, August 12, 2010), demonstrates that it is not easy to establish a cause of action for sexual harassment. [read post]