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9 Jul 2024, 5:04 am
.), the court denied the city’s Motion for Summary Judgment in a prisoner’s rights case involving Monell issues.According to the Opinion, the Plaintiff alleged that he had sustained multiple seizures while incarcerated and that the correctional officers delayed in providing him with medical assistance. [read post]
9 Nov 2011, 3:27 pm by James L. Higgins
Judge Stark did, however, invite the parties to submit a scheduling order that would bifurcate and fast-track the Court’s consideration of case-dispositive motions and/or a trial on the merits of the patent ownership dispute, anticipating a resolution of that issue within approximately six months. [read post]
6 Aug 2007, 10:33 am
Lawyers for the plaintiffs don’t buy it. [read post]
18 Nov 2008, 3:01 pm
  In other words, plaintiffs must prove that the product’s inherent risks outweighed the benefits. [read post]
24 Oct 2018, 12:00 am
  If you take the time to listen to a potential client and read through an annuity contract and the accompanying sales materials, you might just find a viable plaintiff's case to help your client. [read post]
11 Mar 2021, 12:22 pm by Christopher Simon
On the day of the incident, the electric company’s employee came to the plaintiffs home to inspect a heater in the basement. [read post]
15 Feb 2018, 6:21 am by Second Circuit Civil Rights Blog
" Since the police are not required to investigate exculpatory defenses prior to making an arrest, plaintiff's case does not survive summary judgment.This same plaintiff recently lost another constitutional claim against a different municipality. [read post]
19 Sep 2012, 4:24 pm
They were participants in the first plaintiff's verdict in the country involving transvaginal mesh. [read post]
3 May 2011, 1:30 pm
 Second, the Seventh Circuit observed that the plaintiff had a fiduciary duty to its fellow class members because a representative can’t throw away what could be a major component of the class’s recovery. [read post]
16 Jun 2007, 7:42 pm
Additionally, Plaintiff's detention was unnecessarily degrading, and prolonged, and it involved an undue invasion of Plaintiff's privacy. [read post]
6 Jul 2009, 10:00 pm
Michael Moore found that plaintiff's proffered proof of general causation linking a pain pump to chondrolysis didn't satisfy Daubert, which doomed the plaintiff's case.Kilpatrick operated a charter fishing guide service in the Florida Keys. [read post]
4 Jan 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously affirmed Supreme Court's denying the Plaintiff's petition seeking to annul the Medical Board's [Board] rejection of Plaintiff's applications for accidental disability retirement [ADR] or ordinary disability retirement [ODR]. [read post]
4 Jan 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously affirmed Supreme Court's denying the Plaintiff's petition seeking to annul the Medical Board's [Board] rejection of Plaintiff's applications for accidental disability retirement [ADR] or ordinary disability retirement [ODR]. [read post]
9 May 2014, 10:45 am by Stephen Bilkis
In opposition to the motion the defendants argue that the crux of the plaintiffs claim is that the defendant hospital failed to diagnose the assailant’s violent and dangerous propensities and failed to take the appropriate steps to treat the dangerous propensities so that the assault on the plaintiff could have been avoided. [read post]
9 May 2014, 10:45 am by Stephen Bilkis
In opposition to the motion the defendants argue that the crux of the plaintiffs claim is that the defendant hospital failed to diagnose the assailant’s violent and dangerous propensities and failed to take the appropriate steps to treat the dangerous propensities so that the assault on the plaintiff could have been avoided. [read post]
9 Feb 2024, 6:20 am by Second Circuit Civil Rights Blog
The Second Circuit vacated the verdict, holding that the trial court got the jury instructions wrong because the jury was asked to find whether plaintiff's termination was motivated by "retaliatory intent. [read post]