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12 Jun 2017, 10:00 pm by Doug Austin
Hernandez granted the defendant’s motion for summary judgment after denying the plaintiffs request for spoliation sanctions against the defendant for failing to preserve store videos that were taken on the day of her slip and fall in the defendant’s store. [read post]
23 Nov 2009, 7:39 am by Moseley Collins
The following blog entry is written from a defendant’s position after a jury trial verdict for plaintiff. [read post]
However, the court also noted that the jury should take into account the plaintiffs own negligence, and it should reduce the plaintiffs total award amount by her percentage of fault. [read post]
19 Sep 2010, 10:01 pm by Evan Brown (@internetcases)
The court found there was no evidence apart from plaintiffs own deposition testimony that the company’s official policy was to upload photos to Facebook. [read post]
6 Dec 2016, 9:00 pm by Doug Austin
Michelle Childs determined that the plaintiffs categorical Privilege Log was inadequate and ordered the plaintiff to provide to the defendant a metadata log for all documents withheld or redacted, affidavit(s) from the person(s) with knowledge regarding the privileged third party and common interest parties and a list of anticipated litigation(s)...Read the whole entry... [read post]
28 Nov 2010, 7:09 am
In the decision, the court articulated the plaintiff's standard for prevailing in trip-and-fall cases that occur within the state. [read post]
4 Jun 2009, 2:40 pm
An extra kick-in-the-nuts go to plaintiffs counsel because this isn’t even their first attempted bite at the fake apple. [read post]
13 Jan 2012, 1:17 am
” Griffin’s complaint is just the newest in a long list of plaintiffs suing J&J for failing to properly warn the public about tendon rupture risks associated with Levaquin. [read post]
22 Feb 2016, 4:42 am by R. David Donoghue
Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its attorney’s fees and costs regarding Bulgari’s BVLGARI marks used in relation to counterfeit rings. [read post]
18 Jun 2009, 10:24 am
  Showing that age partly "motivated" the employer's action doesn't suffice: We hold that a plaintiff bringing a disparate-treatment claim pursuant to the ADEA must prove, by a preponderance of the evidence, that age was the "but-for" cause of the challenged adverse employment action. [read post]
20 Dec 2019, 12:56 pm by The Law Offices of John Day, P.C.
The trial court applied the second portion of § 20-5-102, but because the suit had been filed prior to the plaintiffs death, this part of the statute was inapplicable. [read post]
28 Jul 2011, 12:33 pm by Reid Winthrop
”  In an effort to overturn the trial court’s ruling, Plaintiffs argued in the alternative on appeal that a class could be certified based solely on the misrepresentations made in the policies themselves. [read post]
4 May 2023, 6:00 am by Public Employment Law Press
Plaintiff's Employer [Respondent] contended Plaintiff's injury did not occur as a result of the performance of duties and rejected Plaintiff's application for General Municipal Law §207-c disability benefits. [read post]
4 May 2023, 6:00 am by Public Employment Law Press
Plaintiff's Employer [Respondent] contended Plaintiff's injury did not occur as a result of the performance of duties and rejected Plaintiff's application for General Municipal Law §207-c disability benefits. [read post]
30 Apr 2012, 7:53 am by emagraken
ICBC brought an unsuccessful application to force the Plaintiffs lawyer to produce these documents. [read post]
25 Feb 2011, 4:00 am by Howard Friedman
While plaintiff had delayed informing the trial court of the scheduling conflict, the majority held that plaintiff was not so untimely as to indicate an utter lack of diligence.A concurring opinion by Judge Harrell, joined by Judge Murphy, engaged in a lengthy analysis of the free exercise issues involved in the case-- rejecting plaintiff's free exercise claim-- while nevertheless saying that the majority was correct in not reaching the constitutional issues.… [read post]
2 Jul 2010, 5:00 am by Philip Thomas
The Wall Street Journal ran this article on Thursday about plaintiffs' lawyers and the BP oil spill. [read post]
11 May 2017, 7:37 am by Docket Navigator
The court denied defendant's motion to dismiss plaintiffs' declaratory relief action and rejected defendant's argument that its lawsuit against plaintiffs' customer was insufficient to create an actual controversy with plaintiffs. [read post]