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10 Jul 2024, 5:00 am
WAS REQUIRED TO PAY ALL FINES WITHIN TWELVE MONTHS OF CLOSINGAfter the Kings County Supreme Court denied plaintiff 410’s request – via a motion for summary judgment -- for a pre-trial ruling that the sellers had breached their contractual obligations, an appeal followed.And on its review, the Appellate Division, Second Department, noted that the parties’ agreement unequivocally provided that the defendants would pay all fines attributable to any open Environmental… [read post]
28 Jan 2010, 3:53 am
And while the Fifth Circuit has “recognized a limited exception to this general principle” where a plaintiffs claims have been “prematurely mooted” by the defendant. [read post]
17 Feb 2011, 10:35 am by ADeStefano
"In a unanimous opinion, the First Department affirmed the dismissal of plaintiff's Labor Law § 240(1) claim, holding that plaintiff "was not protected by the statute since his duties as a flagman did not entail elevation-related risks"(citing Rocovich v Consolidated Edison Co., 78 NY2d 509, 514 [1991]; Modeste v Mega Constr. [read post]
26 Jul 2007, 3:26 pm
Plaintiffs' motion to strike the Magistrate's order as it pertains to the costs of electronically stored information is GRANTED. [read post]
10 Sep 2019, 4:00 am by Public Employment Law Press
The Appellate Division affirmed the Supreme Court's decision denying Plaintiff's petition.The Appellate Division explained that Plaintiff's challenging SDHR's determination of "no probable cause" with respect to her complaint based on her status as a caregiver for a member of her family failed as a matter of law as serving as a care giver for an ailing family member is not a protected activity under the… [read post]
25 Jan 2011, 4:40 am
The sued officers showed that there was sufficient belief the person sought in the arrest warrant was in the plaintiff's house. [read post]
6 Jul 2007, 8:08 am
Judge Gibbons's opinion begins, "The disposition of all of the plaintiffs' claims depends upon the single fact that the plaintiffs have failed to provide evidence that they are personally subject to the [Terrorist Surveillance Program]. [read post]
11 Sep 2020, 5:38 am by Daniel E. Cummins, Esq.
.), the court ruled that Pennsylvania's general tort law is not pre-empted by the Federal Aviation Administration Authorization Act ("FAAA").This matter arose out of a tractor trailer accident during which the Plaintiff's vehicle was hit from the rear.The trucking Defendant asserted that the Plaintiff's claims were pre-empted by the FAAA, since the claims related to the Defendant's core services of brokering the… [read post]
17 Mar 2023, 6:07 am by Second Circuit Civil Rights Blog
Time theft might not be as serious as threats to public health, but it looks like plaintiff is arguing that that kind of rule-breaking falls within the WPA's protections. [read post]
19 Jan 2015, 9:00 am by Friedman, Rodman & Frank, P.A.
After holding the woman’s settlement offer provided the doctor with all of the information necessary to fully evaluate his potential exposure for each claim, Florida’s Fourth District Court of Appeal affirmed the trial court’s order granting costs and legal fees to the plaintiffs. [read post]
26 Apr 2022, 5:00 am
As such, the court stated that, in this context, the Plaintiffs claims for gross negligence should be deemed to constitute a new cause of action. [read post]
26 Apr 2012, 12:29 am by John Diekman
In discussions between the plaintiff and the firm, the plaintiff's principal allegedly disclosed certain information regarding, billing rates and the plaintiff's prior representation of the defendant's decedent. [read post]
10 Aug 2016, 12:37 pm by emagraken
Almost immediately thereafter, plaintiffs counsel was contacted and the plaintiffs TTD benefits were extended. [read post]
22 Jun 2018, 10:11 am by Matthew Vance
  The court also rejected the defendants’ argument that the plaintiffs claims should be treated as federal law claims because he had sought punitive damages that are not available under the New Mexico Tort Claims Act. [read post]