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28 Oct 2020, 4:54 pm
The theory being that if a defendant causes injuries to a plaintiff with an “eggshell” skull, the defendant would still be liable, even though the plaintiff’s skull was especially vulnerable, compared to that of the average population. [read post]
12 Jun 2016, 6:47 pm
The case arose when the plaintiff’s car crashed into a logging truck while they were both traveling on Highway 96. [read post]
13 Oct 2020, 4:00 am
Addressing the Town's contention that Supreme Court's granting Plaintiff's petition was erroneous in view of Plaintiff's alleged oral resignation, the court said that the Town's argument was without merit inasmuch as the Town's employee handbook requires that an employee's resignation be in writing.** The Appellate Division also rejected the Town's argument… [read post]
13 Oct 2020, 4:00 am
Addressing the Town's contention that Supreme Court's granting Plaintiff's petition was erroneous in view of Plaintiff's alleged oral resignation, the court said that the Town's argument was without merit inasmuch as the Town's employee handbook requires that an employee's resignation be in writing.** The Appellate Division also rejected the Town's argument… [read post]
20 Sep 2015, 3:30 pm
Filing multi-plaintiff lawsuits can save on filing fees, and can also thwart the defendant’s ability to remove the case to federal court on diversity grounds (as described here and here). [read post]
27 Dec 2006, 9:02 am
The WSJ's Law Blog reported recently on the joy being experienced by lawyers in the firms representing plaintiffs in the Exxon Valdez case, their spirits dampened only mildly by the Ninth Circuit's recent reduction in the punitive award from $4.5 billion to $2.5 billion. [read post]
30 Oct 2017, 7:21 am
However, the court deferred ruling on defendant's motion to dismiss pending plaintiff's response to the court's suggestion to transfer under 28 U.S.C. [read post]
11 Mar 2010, 10:20 am
The court's dismissal was without prejudice, meaning that the plaintiffs could theoretically re-file. [read post]
15 Oct 2012, 3:20 pm
Waterman filed Plaintiff’s Reply Memorandum in Shirley Frazier Burrell v. [read post]
10 Apr 2015, 2:58 pm
” The complaint seeks unspecified damages, but Plaintiffs intend to disgorge Yard House’s profits, request an award of attorneys’ fees in addition to an injunction prohibiting Yard House’s use of the Vampire trademark. [read post]
3 Feb 2007, 8:28 am
City's order that the plaintiff not be permitted into the municipal building without being accompanied by a police officer was not a "seizure. [read post]
28 Oct 2024, 5:00 am
R.C.P. 218 did not permit a trial court to enter a judgment for failure of a Defendant to appear without requiring the Plaintiff to prove the Plaintiff’s case, it was an error of the trial court to deny the Defendant’s Motion to Strike the Default Judgment that was entered due to the Defendant’s failure to appear. [read post]
5 Jan 2012, 5:23 am
WSJ Late-game substitution: A small-business group fighting President Barack Obama’s health-care law asked the Supreme Court on Wednesday to add two plaintiffs. [read post]
28 Aug 2009, 7:28 am
Well, in this case, Judge Ward was served with the requisite chips, salsa (and possibly queso, although the record isn't clear on this point) and denied the defendant's motion to dismiss for failure to join the patent owner, but determined that the patent owner was a necessary party and provided plaintiff leave to amend to add the new party. [read post]
2 Apr 2012, 2:04 pm
The PLF is a non-profit corporation that provides legal malpractice insurance for all active members of the Oregon State Bar, covering an attorney's errors and omissions that occur while providing legal services. [read post]
15 Apr 2021, 11:35 am
It’s understandable that you want to keep friends and family informed, but it’s best to do so privately so you can sidestep any possible issues with your claim. [read post]
10 May 2017, 3:00 am
., Dec. 20, 2016) Reversing a district court’s order remanding the action, the Tenth Circuit found that federal jurisdiction under the CAFA does not depend on how much the plaintiff is likely to recover, but on the amount the plaintiff’s allegations suggest she might lawfully recover. [read post]
23 Sep 2015, 6:00 am
The plaintiff's negligent infliction of emotional distress claim failed because negligent infliction of emotional distress does not exist separate from the tort of negligence. [read post]
29 May 2019, 6:01 am
Bond Hearings and the Legal Background of Barr’s Order Bond hearings are the immigration system’s equivalent to bail in criminal law. [read post]
2 Nov 2020, 7:00 am
Plaintiff in CPLR Article 78 action appealed Supreme Court's dismissal of her petition seeking to have the court annul the New York City Employees' Retirement System's [NYCERS] determination denying Plaintiff's application for accidental disability retirement [ADR]. [read post]
