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22 Apr 2019, 5:54 am by Legal Profession Prof
The New York Appellate Division for the First Judicial Department declined to dismiss an excessive fee claim against an attorney but affirmed dismissal of fraud allegations Plaintiff's fraud claim should have been dismissed because the complaint did not sufficiently plead... [read post]
14 May 2017, 9:14 am by Legal Profession Prof
The Vermont Supreme Court declined to extend malpractice liability to the unhappy son of a mother who passed away without giving him the family Homestead (that's what it was called) In this legal malpractice case, plaintiff claims that his deceased... [read post]
23 Sep 2020, 10:40 am by Legal Profession Prof
The New York Appellate Division for the Second Judicial Department affirmed the defendant's judgment in a lawyer-lawyer dispute In 1998, the plaintiff, Blatt &Koppelman, P.C. [read post]
3 Mar 2019, 5:53 am by Legal Profession Prof
The Delaware Court of Chancery dismissed counterclaims brought against the real Armie Hammer[s] Plaintiffs, brothers Tyler and Cameron Winklevoss, through Winklevoss Capital Fund, LLC, made a substantial investment in an upstart magazine operated by Defendant, Treats! [read post]
26 Mar 2012, 3:50 am by lpbncontracts
KeyBank, Nat’l Ass’n, plaintiffs brought a class action against KeyBank alleging violations of California’s Unfair Competition Law. [read post]
22 Jun 2011, 9:50 am
Callery, Florida's Second District Court of Appeals ruled that a trial court could not compel the defendant insurance company to disclose the results of the last 20 medical examinations by a physician called by the insurance company to testify in the plaintiff's suit for uninsured motorist benefits. [read post]
24 Mar 2022, 10:22 am by Barbara S. Mishkin
  We first discuss the plaintiff bar’s case strategy in response to the decision and the decision’s implications for defendants’ case strategy. [read post]
19 Feb 2019, 2:36 pm by DeFrancisco & Falgiatano
If a plaintiffs expert cannot adequately prove that a doctor breached the standard of care, it can result in a dismissal of the plaintiffs claim, and, therefore, results in a loss of the plaintiffs right to recover damages. [read post]
7 Mar 2019, 9:09 am by Howard Friedman
City of Tampa, (MD FL, March 5, 2019), a Florida federal district court adopted a magistrate's recommendations (Jan. 30, 2019) concluding that plaintiffs had stated plausible free speech challenges, but dismissed plaintiffs' free exercise challenges, to Tampa, Florida's ban on providing conversion therapy to minors. [read post]
7 Aug 2023, 6:12 pm by Howard Bashman
“Fourth Circuit overturns 21-year precedent on awarding legal fees; The Fourth Circuit’s ban on considering plaintiffs who won preliminary injunctions to be the prevailing party for the purposes of attorney’s fees made the circuit an outlier”: Joe Dodson of Courthouse News Service has this report. [read post]
17 Jul 2024, 4:45 am by Eric B. Meyer
Then, at a doctor’s appointment for his mother, the plaintiffs gave the form to his mother’s nurse. [read post]
23 Jul 2008, 1:16 pm
Officers' conduct in blocking in plaintiff's car and grabbing her arm to take away a piece of paper with an officer's license number on it was a seizure, and there was no reasonable suspicion for the stop. [read post]
18 Dec 2007, 4:37 am
The trial court “ultimately concluded that the defense had failed to establish that [plaintiffs’ counsel] had taken the notes from Yukevich’s file” and, accordingly, that plaintiffs’ counsel “came into the document’s possession through inadvertence. [read post]
15 Apr 2011, 6:02 am by Bexis
Aug.25, 2005), stating that a plaintiff “seek[ing] to recover for injuries to his person resulting from [a defendant’s] alleged violation of the TCPA [that's the Tennessee statute's abbreviaton]” must be dismissed. [read post]
25 Sep 2017, 6:40 am by Joy Waltemath
With respect to the one plaintiffs wife, who had been a plaintiff and was a potential witness, the plaintiffs had already produced the contact information. [read post]
In this case, the plaintiff claimed injury due to the alleged lack of information on a hotel’s website about accommodations for disabled guests, as is required under the ADA’s 28 C.F.R. [read post]
8 Jan 2021, 5:54 pm by Maurer Law
The defendant argued that without expert testimony, the plaintiff could not prove that the defendant’s alleged negligence was the direct and foreseeable cause of the plaintiffs injuries. [read post]
29 Apr 2014, 7:09 am
s motion to dismiss plaintiff Ellen Sinisi’s amended complaint concerning copyrights to numerous photographs, without prejudice to the renewal of certain claims. [read post]