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22 May 2024, 7:00 am by bklemm@foley.com
” The Plaintiffs responded by arguing that if there are no other independent grounds for federal jurisdiction, no independent federal jurisdiction exists in a removed case once all federal questions are dismissed, such that “any jurisdiction that continues over the remaining state-law claims is supplemental jurisdiction. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v… [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v… [read post]
22 May 2024, 5:00 am
MEANINGFUL REVIEW COULDN’T BE PERFORMED ABSENT ALL DOCUMENTSIn a personal-injury lawsuit filed with the Kings County Supreme Court, the defendant made multiple motions “to stay the action, vacate the note of issue, and compel discovery. [read post]
22 May 2024, 4:10 am by Howard Friedman
" Plaintiffs submitted two ads that promoted the idea that the nation's founders were Christians. [read post]
21 May 2024, 4:21 pm by Kevin O'Keefe
Before founding LexBlog, O’Keefe was a trial lawyer in rural Wisconsin for 17 years, representing plaintiffs in various cases. [read post]
21 May 2024, 3:08 pm by Dr. Noelle Nelson
Stories of individuals, plaintiff or defense, are also fairly easy to summon. [read post]
21 May 2024, 2:16 pm by Seyfarth Shaw LLP
Unless an employer chooses to pay all employees doing the same work exactly the same, there will always be at least one employee who makes less for the same work than another employee of the opposite sex (or other protected group). [read post]
21 May 2024, 10:04 am by Yosi Yahoudai
Plaintiff cannot access any part of the campus as all students and members of the community should, now that the Quad and main artery of campus access is cut off by the Encampment,” according to the lawsuit. [read post]
21 May 2024, 8:03 am by Second Circuit Civil Rights Blog
This case before the Supreme Court asks what happens when someone files a motion to compel arbitration after the plaintiff filed suit in federal court. [read post]
21 May 2024, 5:55 am by itars sis
This point is not innocuous, as the plaintiffs in several lawsuits brought against AI companies did not have access to the content of the training datasets and could therefore only assume that their works had been used by AI companies on the basis of the outputs generated by their AI tools. [read post]
21 May 2024, 5:54 am by Earl Drott
When asked about compensating the plaintiff for medical expenses, past and future pain, and suffering, the jury awarded zero damages in all categories. [read post]
21 May 2024, 5:00 am by Written on behalf of Peter McSherry
From our office in Guelph, we provide each one of our clients with comprehensive legal advice and skilled representation in all facets of employment law matters. [read post]