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28 Feb 2024, 4:00 am
PLAINTIFF’S PERSONAL INJURY LAWSUIT WAS DISMISSEDAfter her personal injury case was dismissed pursuant to the “storm-in-progress” rule, TW appealed to the Appellate Division, First Department.On its review of the dispute, the AD1 noted that the defendants had presented sufficient evidence (“certified climatological records”) which evinced that it was snowing at the time of TW’s accident. [read post]
28 Feb 2024, 4:00 am
He also has voted to unduly limit the reach of a different section of the Voting Rights Act, making it harder for plaintiffs to sue states for racial discrimination in election procedures.Justice Thomas’s rulings on voting rights have hurt people of color to a considerable degree, and he would go further than any other justice in taking power away from Congress to ensure that racial minorities can fully participate in our political process. [read post]
28 Feb 2024, 3:30 am
If the plaintiffs appeal to the full 5th Circuit, the SEC & Nasdaq may well face a more hostile reception, because 12 of the 16 judges there were appointed by Republican presidents. [read post]
28 Feb 2024, 3:15 am
Delaware has long been known as the premier and most reliable place to incorporate a company, but lately there’s a view that it’s been too easy for plaintiffs to pursue claims for breaches of fiduciary duty. [read post]
28 Feb 2024, 2:44 am
The court’s ruling is significant validation of our position. [read post]
28 Feb 2024, 12:15 am
Neither side has offered any arguments as to whether plaintiff HJI's action is one "for the purpose of winding up its affairs" or one "to collect and discharge obligations," such that the action is permitted. [read post]
27 Feb 2024, 9:01 pm
This is true even though Hubbard itself could have reached the result it did on narrower grounds; because civil discovery to dig up evidence to support the plaintiff in Hubbard could very well have been intrusive, the Hubbard court could have rejected the plaintiff’s retaliation claim there without shutting down retaliation claims where, as here (according to Disney), no intrusive discovery is needed to establish improper government motive. [read post]
27 Feb 2024, 2:39 pm
But the Donahue court stated that the “Determination of whether attorney owed legal duty to non-clients so as to be liable to non-clients in legal malpractice action is determined by weighing factors in balancing test, including: existence of specific intent by client that purpose of attorney’s services were to benefit plaintiffs, foreseeability of harm to plaintiffs as result of attorney’s negligence, degree of certainty that… [read post]
27 Feb 2024, 1:54 pm
Let’s say you are diligent with your personal security measures. [read post]
27 Feb 2024, 1:24 pm
A federal judge dismissed the case in August 2023, and plaintiffs filed an appeal, asserting that the district court erred in applying an overly deferential standard of review to plaintiffs’ First Amendment claims, among other arguments. [read post]
27 Feb 2024, 1:17 pm
The plaintiffs won an injunction against the airstrip’s construction, later quashed by the Court of Appeal. [read post]
27 Feb 2024, 11:58 am
“The intruder entered the storage area, dropped the vials and destroyed the embryos the plaintiffs had created,” Appleton said. [read post]
27 Feb 2024, 11:09 am
" R.E., the minor daughter of plaintiffs Terrance and Candra Evans, did not like the first monologue she picked, so she chose another. [read post]
27 Feb 2024, 10:30 am
[The plaintiffs claimed that 15-year-old Bella Herndon committed suicide because of the film.] [read post]
27 Feb 2024, 10:00 am
The attorney, Thomas O’Toole, sought to testify at Macumber’s murder trial about the statements of his client. [read post]
27 Feb 2024, 8:44 am
Specifically, the Appellate Division noted: There are other disturbing aspects of this record, including the trial court’s focus on what it perceived to be defendant’s wrongful failure to pay child support, asking defendant “[s]o for the last . . . three and a half years, you haven’t sent to [plaintiff] one penny of child support,” despite both parties testifying to several years of shared custody and the issue having no relevance… [read post]
27 Feb 2024, 8:15 am
Commissioner, the court rejected the plaintiff’s argument that its expenses were deductible, but it also provided some useful guidance: “Even separate entities’ activities can be a single trade or business if they’re part of a ‘unified business enterprise’ with a single profit motive. [read post]
27 Feb 2024, 8:15 am
Commissioner, the court rejected the plaintiff’s argument that its expenses were deductible, but it also provided some useful guidance: “Even separate entities’ activities can be a single trade or business if they’re part of a ‘unified business enterprise’ with a single profit motive. [read post]
27 Feb 2024, 7:49 am
It’s said that for every right there’s a remedy. [read post]
27 Feb 2024, 6:49 am
The plaintiff was a criminal defendant who was found guilty of 22 counts, including mail fraud and murder-for-hire in the Northern District of New York. [read post]
