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11 Sep 2023, 1:13 pm
Deborah Laufer is a serial plaintiff whose mobility and eyesight are impaired. [read post]
11 Sep 2023, 1:08 pm
The court then found that ”without question, all of the extrinsic evidence presented in this action supports Utica Mutual’s . . . proffered resolution of the ambiguity,…” The Court denied ECRA’s motion for summary judgment, granting (in part) Utica’s cross-motion for summary judgment, pursuant only to a determination of the amount due to Plaintiff from Defendants. [read post]
11 Sep 2023, 11:21 am
Judge Hanzman, overseeing the case, really made it clear to us attorneys that we needed all hands on deck; it wasn’t going to be business-as-usual. [read post]
11 Sep 2023, 9:57 am
All rights reserved.Attorney AdvertisingPrior results do not guarantee a similar outcome.DisclaimerDownload Adobe Reader [read post]
11 Sep 2023, 9:01 am
Plaintiff mostly works with retail, office, industrial, and mixed-use properties; it’s brokered some single-family home sales, but almost all involving individuals related to it or its employees. [read post]
11 Sep 2023, 8:02 am
It merely requires that ‘the complaint state [] with particularity all facts on which [the] belief [underlying an allegation of falsity] is formed. [read post]
11 Sep 2023, 8:00 am
Compassionate Client-Centered Approach At Hepworth Holzer, LLP, we prioritize our clients’ well-being above all else. [read post]
11 Sep 2023, 7:55 am
They’re participating, they’re parenting but they’re not using the regulatory construction that we all understand. [read post]
11 Sep 2023, 6:58 am
.) -- concluding that FBI reasonably interpreted the scope of plaintiff’s request regarding website visitor information as seeking “preexisting aggregate records, not each underlying document that would allow it to construct the record itself,” and that FBI performed an adequate search (finding no responsive records); rejecting as irrelevant plaintiff’s arguments that other DOJ components produced individualized records and that DOJ’s counsel… [read post]
11 Sep 2023, 6:37 am
Classes held in-person before the pandemic would all return to being offered in person. [read post]
11 Sep 2023, 4:37 am
(All in all, not materially different from the duties of directors set forth in Section 717(a) of New York’s Business Corporation Law. [read post]
11 Sep 2023, 2:30 am
Obviously, all three requirements must be met cumulatively (para. 32). [read post]
10 Sep 2023, 11:00 pm
COULDN’T SUE OTHER DEFENDANTSWhen a personal-injury case was settled with Bradley Corporate Park, the parties executed a release which extended to "their successors and assigns, and all persons, firms, or corporations who are or might be vicariously liable ... from all claims of any kind. [read post]
10 Sep 2023, 6:03 pm
However, not all courts agree that FDUPTA claims alleging fraudulent conduct must be pled with specificity. [read post]
10 Sep 2023, 11:40 am
Even if the negligence of the operator of another vehicle is in large part responsible for the accident, if the plaintiff was negligent at all, it is possible they will not be able to recover compensation. [read post]
10 Sep 2023, 9:37 am
I have to confess that I assumed that, as part of the analysis of cause in fact, all states required a plaintiff in a legal malpractice cased based on alleged negligence in handling the litigation of case to argue that they would have won "the case within the case" (or, in other words, that they would have won the underlying case had it not been for the negligent conduct of the defendant lawyer). [read post]
10 Sep 2023, 9:03 am
But not all civil claims against healthcare providers or institutions are necessarily for malpractice. [read post]
10 Sep 2023, 7:49 am
Being honest about how Jones had attempted to effectuate service might have given the Court pause about granting a preliminary injunction or extending the TRO, as there was a risk that some or all Defendants might not have received proper notice. [read post]
10 Sep 2023, 4:00 am
Not all judges appointed by Democrats, however, just as not all Republican appointed judges have proven amenable to these suits. [read post]
9 Sep 2023, 3:28 pm
Yesterday, the 5th Circuit held that: (1) the plaintiffs have standing to pursue their action; (2) The Plaintiffs have established that the Biden White House, the Surgeon General, and the FBI all likely coerced and significantly encouraged social media platforms to violate the Plaintiffs’ first amendment rights; (3) The Plaintiffs established that the CDC likely significantly encouraged violations of the Plaintiffs’ first amendment… [read post]