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24 Jun 2014, 8:46 am by Andrew Frisch
City of Springfield, 274 F.3d 1141 (7th Cir.2001), the Seventh Circuit disagreed with the defendant that offsetting on a workweek basis would create an undeserved windfall. [read post]
6 Apr 2011, 1:28 am
The case of Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas S.A. [2011] EWHC 589 (Admlty) concerned whether the agreement between the claimant's insured and the defendant was subject to a set of standard terms which incorporated an English arbitration clause. [read post]
24 Aug 2007, 6:05 am
More specifically, a defendant does not waive an affirmative defense if it is raised at a " 'pragmatically sufficient time, and [the plaintiff] was not prejudiced in its ability to respond.' " Lucas, 807 F.2d at 418 (quoting Mackay, 695 F.2d at 856) (brackets in opinion).In Seminole Pipeline v. [read post]
6 May 2024, 5:00 am
And, in an event, it was up to the defendant S&F, not the plaintiff, to determine whether the inspection would likely “produce relevant information … worth S&Fs time and effort. [read post]
29 Jun 2017, 4:00 am by Kimberly A. Kralowec
., 797 F.3d 607 (9th Cir. 2015), the district court granted the defendant's motion to strike the class allegations. [read post]
23 Apr 2014, 5:59 am
The Tenth Circuit held in Dart Cherokee Basin that the defendant must submit its evidence in or along with the notice of removal. [read post]
7 Jun 2023, 4:20 am by Andrew Lavoott Bluestone
In any event, the court properly denied the prediscovery motion as premature, given plaintiff’s showing that facts essential to justify opposition to defendant’s motion may lie within defendant’s exclusive knowledge or control (see CPLR 3212[f]; Lyons v New York City Economic Dev. [read post]
16 Mar 2015, 8:28 am by Daniel A. Zlatnik and Aaron Rubin
Given the absence of any opposition from defendant, future defendants will have a strong argument that the court simply did not consider this nuance. [read post]
22 Jan 2013, 7:49 am by Daniel E. Cummins
McAgeer, 985 F.2nd 114, 118 (3d Cir. 1993); Greene v. [read post]