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27 Dec 2023, 4:20 am
To recover damages in a slip and fall case, a plaintiff must prove: Store had knowledge of the condition Condition posed an unreasonable risk of harm Store failed to exercise reasonable care to deal with the risk Store’s failure caused injury A reasonable time for the owner to discover the condition varies depending upon the facts of the case, and evidence of an employee’s location near the hazard. [read post]
27 Dec 2023, 4:06 am
He also set the parameters for the layout and composition of the image, reflecting the plaintiff’s choice and arrangement. [read post]
27 Dec 2023, 4:00 am
DROVE TRUCK WITH DEFECTIVE BREAKS, HORN AND WINDSHIELD WIPERAfter the Bronx County Supreme Court denied SO’s request to amend her personal-injury case to include a claim for “punitive damages” against DE, the driver of a truck which hit her, an appeal followed.On its review of the record, the Appellate Division, First Department, noted that DE had testified at a deposition that he “knowingly drove a truck on a public roadway with defective brakes, horn, and one… [read post]
26 Dec 2023, 4:36 pm
In Gonzalez, plaintiffs whose family members were killed in various terrorist attacks – including in Paris -- sued Google. [read post]
26 Dec 2023, 4:02 pm
But of course every plaintiff bringing one of these cases will necessarily allege that kind of “personal injury”—it’s the only kind that could occur 10 years or more after the fact. [read post]
26 Dec 2023, 2:56 pm
Supreme Court Says”: Max Mitchell of The Legal Intelligencer has this report on the Supreme Court of Pennsylvania‘s recent ruling (access via this link) in a case in which I serve as appellate counsel for plaintiffs. [read post]
26 Dec 2023, 2:25 pm
The Court of Appeals says there is no retaliation claim because the rebuke was a reprimand that threatened plaintiff with discipline in the event he continued to violate the Department's speech policy in the future. [read post]
26 Dec 2023, 2:17 pm
Judges wouldn't apply a plaintiff state's version of the law in these disputes, since this would essentially allow the state to be a judge in its own cause. [read post]
26 Dec 2023, 1:00 pm
The changes allow plaintiffs to seek punitive damages in wrongful death and survival claims. [read post]
26 Dec 2023, 12:45 pm
The Autry litigation plaintiffs' other designated expert was a licensed professional stormwater engineer, and he found Nutt's report to be helpful for his own analysis. [read post]
26 Dec 2023, 12:33 pm
Indiana's content-based restriction of Plaintiffs' speech receives strict scrutiny…. [read post]
26 Dec 2023, 9:06 am
Snap qualified for Section 230 protection despite the plaintiffs’ invocation of the Lemmon design defect ruling: “each of Plaintiffs claims arise from and depend upon the actual content of the snaps taken by the individual Defendants, and [the court] further concludes that Plaintiffs arguments seeking to defeat Snap’s assertion of immunity are the very arguments our Court of Appeals rejected in Stubhub. [read post]
26 Dec 2023, 7:20 am
The most famous example is General Ulysses S. [read post]
26 Dec 2023, 6:00 am
A disabled person’s conservator had the authority to enter into a consent agreement releasing the person’s HCLA claims against a doctor without approval from the probate court. [read post]
26 Dec 2023, 5:49 am
The Appellate Division also noted that there was no nexus between the volunteer's activities at the school and his alleged assault upon the plaintiff. [read post]
26 Dec 2023, 5:49 am
The Appellate Division also noted that there was no nexus between the volunteer's activities at the school and his alleged assault upon the plaintiff. [read post]
26 Dec 2023, 5:05 am
In the year-plus since Musk bought the company, he's been the defendant and plaintiff in many more lawsuits involving Twitter and X Corp. [read post]
26 Dec 2023, 4:22 am
The facts alleged in the plaintiff’s complaint, Justice Masley held, did not make the cut. [read post]
26 Dec 2023, 4:00 am
NONCOMPLIANCE WITH COURT’S (MULTIPLE) ORDERS WARRANTED ARRESTAfter the New York County Supreme Court issued a warrant for his arrest, VS appealed.On its review of the record, the Appellate Division, First Department, noted that there had been multiple court orders, dating back to February 2021, wherein VS was directed to transfer certain shares of stock, held by Dolfin Financial to plaintiff DS, but failed to comply.Despite multiple opportunities to relinquish the shares, the… [read post]
26 Dec 2023, 4:00 am
Plaintiff is prominent former member who had tithed over $2.6 million. [read post]
