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15 Jan 2024, 7:48 am
The counterclaim seeks cancellation of the Plaintiff’s trademark registration based on mere descriptiveness. [read post]
15 Jan 2024, 6:45 am
Plaintiffs have not submitted the Resort’s pages on third-party travel websites or presented social media posts. [read post]
15 Jan 2024, 6:00 am
Where plaintiff set up his own ladders on cardboard at defendant’s home, and defendant had no control over the set-up, summary judgment for defendant was affirmed on plaintiff’s premises liability claim arising from injuries sustained when the ladders slipped. [read post]
15 Jan 2024, 6:00 am
(“Sanitary Ware” or “Plaintiff”) and Delta Faucet Company (“DFC”) illuminates the complexities faced by international entities selling products on major online platforms like Amazon, particularly concerning allegations of patent infringement. [read post]
15 Jan 2024, 4:00 am
MED MALPRACTICE & WRONGFUL DEATH CLAIMS FILED TOO LATEAfter the Bronx County Supreme Court denied Seniorcare Emergency Medical Services’s motion to dismiss the case filed against it, an appeal ensued.And on its review of the case, the Appellate Division, First Department, noted that since the complaint asserted a medical malpractice claim, rather than an ordinary negligence cause of action, that limited the amount of time the plaintiff had to bring a case.Because the… [read post]
15 Jan 2024, 4:00 am
MED MALPRACTICE & WRONGFUL DEATH CLAIMS FILED TOO LATEAfter the Bronx County Supreme Court denied Seniorcare Emergency Medical Services’s motion to dismiss the case filed against it, an appeal ensued.And on its review of the case, the Appellate Division, First Department, noted that since the complaint asserted a medical malpractice claim, rather than an ordinary negligence cause of action, that limited the amount of time the plaintiff had to bring a case.Because the… [read post]
14 Jan 2024, 10:00 pm
" And given that the agreement also provided “that tenant's obligations under the lease ‘shall in no way be affected, impaired or excused because [plaintiff] is unable to fulfill any of its obligations under this lease . . . if [plaintiff] is prevented or delayed from doing so by reason of . . . government preemption or restrictions,’” the AD1 concluded that the tenant’s rent-payment obligations were not suspended or… [read post]
14 Jan 2024, 4:10 pm
Canada The Court of Appeal for British Columbia dismissed the defendants’ appeal and allowed the plaintiff’s appeal, in part, in the case of Rooney v Galloway 2024 BCCA 8. [read post]
14 Jan 2024, 10:48 am
The incident that led to the no-stalking order in this case involved an arborvitae bush planted on defendant’s property but allegedly encroaching on plaintiff’s property, and some not-very-neighborly-not-very-neighborly-at-all behavior surrounding it. [read post]
14 Jan 2024, 9:23 am
“A pro se litigant such as plaintiff here is not entitled to more lenient treatment than attorneys. [read post]
14 Jan 2024, 9:01 am
The court summarizes the allegations: Plaintiff Genevieve Mahoney is a college student at Furman University who has an Instagram account with the username @genmahoney19. [read post]
14 Jan 2024, 8:10 am
SCOV affirms without plaintiff [read post]
14 Jan 2024, 7:24 am
If Plaintiffs are dissatisfied with ICE’s withholdings in the Supplemental Search release, Plaintiffs shall raise those concerns to Defendants within 30 days of ICE’s final release of records processed from the Supplemental Search. [read post]
14 Jan 2024, 7:05 am
Specifically, when the time comes for the court to assess the adequacy of the complaint’s allegations, the court is going to have to look long and hard to find anything in this complaint that even arguably would satisfy the plaintiff’s obligation to plead scienter. [read post]
14 Jan 2024, 5:01 am
This litigation also poses a risk of retaliation, which is exacerbated by the plaintiff's status as a student and the defendant's control over his education. [read post]
13 Jan 2024, 4:58 pm
Further, the court found the plaintiff’s demands for an injunction and unspecified damages to be overbroad. [read post]
13 Jan 2024, 4:31 pm
Hence the Court ordered a series of transformative measures to prevent, investigate, and punish this phenomenon, while partially rejecting the petition because the plaintiffs did not notify the National Electoral Council about the online harassment. [read post]
13 Jan 2024, 3:45 pm
§ 1605(a)(2), a plaintiff must make an extratextual showing that either the sovereign engaged in a U.S. [read post]
13 Jan 2024, 12:26 pm
Grants Pass then appealed the decision to the Ninth Circuit Court of Appeals, which again ruled largely in favor of the plaintiffs in 2022, later amending the decision in 2023 while still largely ruling in favor of the plaintiffs. [read post]
13 Jan 2024, 11:29 am
The court also balked at the plaintiff’s suggestion that Patsy‘s holding applied to state courts, finding instead that it was only meant to bind federal courts. [read post]
