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9 Oct 2013, 12:43 pm by Samantha G. Wilson
Robinson granted defendant’s motion to strike a paragraph of plaintiffs answer to defendant’s counterclaims. [read post]
6 Jun 2009, 12:59 pm
May 29, 2009) (The court applies the Fourth Amendment without discussion because the court authorized the search and seizure considering "plaintiff's agents and the U.S. [read post]
21 Dec 2017, 8:33 pm by Kenneth S. Nankin
Accordingly, the court dismissed the plaintiffs complaint, with prejudice. [read post]
5 Nov 2009, 1:58 am
iStock_000000556844_L2.jpg In litigation for failure to warn of breast cancer risk from hormone replacement therapy, plaintiff's expert's testimony as to specific causation (that the defendant's hormone replacement drugs were the cause of the plaintiff's breast cancer) was admissible; fact that plaintiff also had independent "breast cancer risk factors and a family history" of breast cancer… [read post]
24 Aug 2021, 12:00 am
  After the Plaintiff secured a substantial verdict, her attorney took steps in an effort to pierce the corporate veil of certain Defendants in an effort to realize a monetary recovery on the verdict.In this regard, the Plaintiff sought to utilize a doctrine known as "singe-entity," "enterprise," or "horizontal" liability. [read post]
9 Jul 2024, 7:31 am by Howard Friedman
The court said in part:CUNY, as a governmental entity, cannot be held liable for failing to prevent plaintiffs from allegedly violating Wetzel and Perea's right to free speech since CUNY was not charged with any affirmative duty to silence plaintiffs regarding their complaints of discrimination and anti-Semitism....Having an anti-Israel political agenda is not a protected group under the NYSHRL or the NYCHRL....... [read post]
25 Apr 2022, 3:30 am by Eric B. Meyer
But where a defendant provides sufficient nondiscriminatory reasons rebutting a plaintiffs case for retaliation, the plaintiff needs to present additional evidence of retaliation, specifically, a nexus between his complaint and his termination. [read post]
3 Feb 2010, 8:47 pm by Larry Bodine
There are six "judicial hellholes," five jurisdictions on the "watch list," four "dishonorable mentions" and 16 lawyers in the "rogue's gallery" in the list of plaintiff-friendly jurisdictions named by the American Tort Reform Foundation (ATRA). [read post]
22 Nov 2009, 8:19 pm
Pantene has attacked Dove’s claim that its conditioner “repairs” hair better, and Iams has been challenged on one of its lines, “No other dog food stacks up like Iams. [read post]
23 Apr 2016, 5:10 pm by Andrew Delaney
Bingham asked for a declaratory judgment requiring the plaintiff to cease all use of the name, and requested that one of plaintiffs corporate executives be fined and imprisoned.Plaintiff won its declaratory judgment, concluding that even though Bingham registered the name, he was not entitled to use the trade name without violating plaintiffs common law rights to the trade name. [read post]
24 Jan 2018, 3:00 am by John Jenkins
And then, there’s the $15 billion question: Most of the cases addressing Kokesh have involved SEC defendants arguing that the case limits the regulator’s use of disgorgement prospectively. [read post]
15 Jun 2012, 4:20 pm by Ken Shigley
The plaintiffs case was essentially one assuming strict liability because the assailant got a gun past the club’s security measures. [read post]
16 Apr 2015, 6:21 am by Joy Waltemath
The defendant also wanted the court to direct the plaintiffs that they may not “friend” prospective opt-in’s on Facebook, lest it create a “misleading impression” of that individual’s relationship with plaintiffs’ counsel. [read post]
22 Feb 2009, 11:26 pm
Plaintiff waived any privilege regarding documents flagged by defense counsel during an inspection of documents at plaintiff's corporate offices. [read post]
27 Nov 2017, 4:14 pm by Daniel E. Cummins
Hamill entered a Judgment on the Pleadings in favor of a UIM carrier after finding that the Plaintiff failed to state a valid UIM claim under Pennsylvania's Motor Vehicle Financial Responsibility Law and the policy definition of an "underinsured motor vehicle" where the Plaintiff was awarded the full liability limits of the tortfeasor in a related binding arbitration of the third party claims.In dicta, the court also noted that the… [read post]