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13 Jun 2024, 5:30 am
.), the court denied a Plaintiffs Motion to Amend his Amended Complaint to reinstate a claim for punitive damages and allegations of recklessness and reckless indifference. [read post]
13 Jun 2024, 5:22 am
   The Commonwealth Court held that the Plaintiffs lawsuit did not fall within the real property exception to governmental immunity where the Plaintiffs claims stemmed from an injury caused by personalty rathe than realty. [read post]
13 Jun 2024, 5:01 am by Eugene Volokh
Thanks to Griffin Klema (Klema Law) for the pointerThe post Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal appeared first on Reason.com. [read post]
13 Jun 2024, 5:00 am
Here, the court ruled that, since the Plaintiffs negligence claim repeated as the basis for negligence the same averments alleging a breach of contract, the negligence claims was properly barred by the gist of the action doctrine. [read post]
13 Jun 2024, 4:00 am by Martin Kratz
The day before the plaintiff, Blacklock’s Reporter, dismissed its claim of copyright infringement against Parks Canada, Parks Canada filed an application for summary judgment and a counterclaim. [read post]
12 Jun 2024, 9:01 pm by Vikram David Amar
(Indeed, the only reference to the state constitution is in the first paragraph when the court describes what plaintiffs seek.) [read post]
12 Jun 2024, 5:17 pm by Yosi Yahoudai
“Musk thinks he’s above the law,” said Laurie Burgess, one of the attorneys representing the plaintiffs. [read post]
12 Jun 2024, 4:40 pm by Legal Profession Prof
A trial court decision that granted summary judgment against relief sought for the denial of plaintiff's law degree was affirmed by the Idaho Supreme Court This appeal concerns a lawsuit arising from Appellant Laurie Barton’s violations of the University of... [read post]
12 Jun 2024, 2:19 pm by Aaron Moss
The court referenced other animated works with talking animals who pontificate on life’s travails, including Family Guy, Rick and Morty, and BoJack Horseman, flatly rejecting the plaintiffs assertion that he “has protectable rights over any manatee that philosophizes about life. [read post]
”  Under that prong, the Court explained, “the plaintiff is an interested party if it is an offeror of a commercial product or commercial service that had a substantial chance of being acquired to meet the needs of the agency had the violation not occurred,” irrespective of the protester’s status as an “actual or prospective bidder”—a conclusion about which the dissent expresses great concern. [read post]
12 Jun 2024, 12:26 pm by Lee E. Berlik
After reporting her concerns to Red Hat’s legal department, Bruce Marcey, an account executive allegedly involved in the scheme, commenced a “continuous, months-long campaign of disparaging” Ms. [read post]
12 Jun 2024, 12:00 pm by help@sandbergphoenix.com
Co. the Illinois Fourth District Appellate Court recently affirmed a trial court’s grant of summary judgment finding the allegations in multiple personal injury lawsuits fell under the professional services exclusion included in the plaintiffs insurance policy, and thus, the insurer was not required to defend the plaintiff in the lawsuit. 2024 IL App (4th) 4230738 (May 23, 2024). [read post]
12 Jun 2024, 10:31 am
In 1993, the New York Court of Appeals held that, for a finding of bad faith, “the plaintiff must establish that the insurer’s conduct constituted a ‘gross disregard’ of the insured’s interests – that is, a deliberate or reckless failure to place on equal footing the interests of its insured with its own interests when considering a settlement offer. [read post]
12 Jun 2024, 8:49 am by Tobin Admin
 …” Based on the undisputed evidence that there was no other insurance available to cover the plaintiffs claims against the defendant following the plaintiffs settlement with Progressive, the defendant moved for summary judgment based upon the limited liability release. [read post]
12 Jun 2024, 8:17 am by Richard Reibstein Esq.
” The New Jersey Supreme Court concluded that, in view of word “notwithstanding” in the legislation, the parties’ agreement to treat the plaintiff as an independent contractor is dispositive and “override[s] conflicting provisions of any other [law],” including the ABC test governing the WPL. [read post]