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10 Jul 2013, 8:00 am
The Plaintiffs, in part, questioned whether the carrier had produced all relevant documentation from its files. [read post]
11 Dec 2015, 11:09 am
If you read this blog on a regular basis, you know that I write about qualified immunity all the time. [read post]
2 Sep 2024, 6:03 pm
.) -- ruling that plaintiff was eligible for attorney’s fees and costs, which the government did not dispute, and that plaintiff also was entitled to an award even though the relevant factors were equally balanced for and against plaintiff; reducing amount of plaintiff’s requested fees by 61 percent because plaintiff’s hourly rate ($620/hr.) and the number of hours billed (88) were “unreasonable. [read post]
18 Feb 2014, 6:30 am
Since, all that is required to demonstrate a complaint about discrimination is an understanding that the plaintiff is protesting discriminatory conduct, the plaintiff responded to the defendants' argument, "Like, duh." that her discussion with management was to advise the company of the wrongness of the hiring dentist's conduct and cause him to change his course of action. [read post]
13 May 2013, 8:46 am
("The plaintiff...appeals from the trial court’s grant of summary judgment in favor of the defendant, Autozone, Inc., on all five counts of the plaintiff’s complaint alleging national origin discrimination, religious discrimination, sexual harassment, disability discrimination and race discrimination in violation of the Connecticut Fair Employment Practices Act, General Statutes § 46a-51 et seq., specifically, General Statutes § 46a-60. [read post]
4 Nov 2016, 8:50 am
Indianapolis, Indiana - A trademark lawyer for Defendants A3 Media, LLC; Collective Publishing, LLC; Yelena Lucas and Neil Lucas, all of Fishers, Indiana, and Janelle Morrison of Zionsville, Indiana removed a federal trademark lawsuit to the Southern District of Indiana. [read post]
13 Apr 2021, 5:00 am
The court noted that all of the relevant witnesses were located within the Middle District of Pennsylvania. [read post]
15 Jul 2013, 6:18 am
We reverse the judgment of the trial court with respect to part one of the board's order and affirm the judgment in all other respects." [read post]
28 May 2013, 8:34 am
They all purchased “Premier” or “Premier Plus” memberships, which gave them the right to use any Bally location in the country. [read post]
16 May 2023, 6:00 am
"* §75.2 of the Civil Service Law, in pertinent part, provides "In case a deputy or other person is so designated, he shall, for the purpose of such hearing, be vested with all the powers of such officer or body and shall make a record of such hearing which shall, with his recommendations, be referred to such officer or body for review and decision. [read post]
16 Jul 2014, 6:06 am
Furthermore, while Plaintiff suggested a longer hose would eliminate the risk of overflow in all of Defendant’s models, the court found that this alternative design still did not prove each model shared a common defect in the hose connection. [read post]
5 Sep 2015, 12:12 pm
Regardless of whose duty it was to maintain the sidewalk at the bus stop location, the City, M Realty and A Realty all argue that plaintiff's complaint should be dismissed on the premise that plaintiff cannot establish exactly where she fell, and thus, has not made out a prima facie case of negligence. [read post]
21 Aug 2013, 3:34 pm
The original granting of summary judgment for the defendant, and its subsequent denial on appeal, centered around the failure of the plaintiff's lawyer to provide a timely physician's affirmation from the plaintiff's neurologist detailing the extent of the plaintiff's injuries. [read post]
11 Dec 2013, 3:53 am
To avoid appeals on the basis of erroneous jury instructions, the best practice is for the parties to agree on the instructions given if at all possible. [read post]
13 Sep 2013, 8:10 am
The agreement required plaintiff to release all claims which, as noted above, would yield taxable awards for lost wages (as well as liquidated damages and attorneys fees) but not emotional distress. [read post]
20 Aug 2015, 7:07 am
§ 285 after plaintiff's case was dismissed following the PTO's invalidation of all asserted claims. [read post]
7 Apr 2020, 5:30 am
The court noted that the Plaintiff alleged that the Defendant tractor trailer driver backed his truck up at an alleged continuous high rate of speed without checking his mirrors, narrowly missing another vehicle, striking and knocking over the Plaintiff with the back end of his trailer, and continuing to drive in reverse over the Plaintiff’s body.The court found that, accepting these allegations as true and drawing all reasonable inferences in favor of the… [read post]
10 Nov 2015, 6:38 am
., the City does not provide proper signage at all inaccessible entrances to its facilities. [read post]
2 Nov 2012, 1:03 pm
On further appeal, the Ninth Circuit ruled that not only was the district court's ruling erroneous, but all of the evidence combined to show that Plaintiff was disabled and entitled to benefits. [read post]
31 Dec 2014, 2:00 am
-Dallas 2014, no pet.).ASSIGNABILITY OF CONTRACTS Generally, all contracts are assignable. [read post]
