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11 Sep 2013, 4:48 am by Steve McConnell
  Despite all those theories, the plaintiffs admitted that all their claims boiled down to a failure to warn theory. [read post]
22 May 2015, 5:22 pm by Seyfarth Shaw LLP
Plaintiff Aladdin Zackaria alleged Wal-Mart incorrectly classified its Asset Protection Coordinators (“APC”) as exempt and moved to certify a class of all APCs that worked in California. [read post]
1 Feb 2011, 2:04 pm by PaulKostro
Although this determination “is most often perfunctory and self-evident,” because of the nature of the domestic violence act found by the court, ibid., when the act found is not egregious in nature, the court “should consider and make specific findings on the previous history of domestic violence, if any, between the plaintiff and defendant, and how that impacts, if at all, on the issue of whether a restraining order should [be] issue[d]. [read post]
22 Dec 2012, 5:38 pm by Stephen Bilkis
Case Discussion and Decision The plaintiff husband has complied with all of the stipulations of the separation agreement and has made generous additional payments to the defendant on a regular basis. [read post]
1 Jun 2010, 11:37 am by David Walk
Id. at 24.With rulings like this, it is hard for a blog once labeled “all preemption, all the time” to avoid being all pessimistic all the time about preemption in drug cases. [read post]
20 Mar 2013, 10:30 am by WOLFGANG DEMINO
SOURCE: HOUSTON COURT OF APPEALS - 14-12-00088-CV – 3/14/2013 Because Hiles points to no evidence that Arnie's alleged overbilling and failure to timely bill breached a material element of the contract that would excuse Hiles from all liability for failing to pay Arnie's bills, he was not entitled to the prior-material-breach question he tendered. [read post]
24 Oct 2009, 10:03 pm
Attorney David Cwik represented the Plaintiff in a medical malpractice case. [read post]
6 Apr 2017, 8:30 am by Friedman, Rodman & Frank, P.A.
Florida law is plaintiff-friendly when it comes to dog bite liability, but that does not mean that all cases will be easy to prove. [read post]
2 May 2012, 12:17 pm by piperhoffman
In the “Black Swan” case, the plaintiffs claim that they did the same work as paid employees and did not receive training or advance their careers. [read post]
1 Nov 2013, 7:54 am by Seyfarth Shaw LLP
Employer Takeaway ASARCO is truly scary precedent, as the Ninth Circuit has all but severed the relationship between the magnitude of actual harm suffered by a Title VII plaintiff and the defendant employer’s exposure to punitive damages. [read post]
31 Jul 2023, 7:33 am by Friedman, Rodman & Frank, P.A.
” The plaintiff argued that the platform manager of the Dealership, the Employee’s service manager, and the assistant service manager all knew of the incidents, and instead of terminating the Employee, they merely gave him a warning with no additional consequences. [read post]
7 May 2014, 10:01 am by Cappetta Law Offices
Once this duty above is shown, the Plaintiff must also prove that the breach of this duty was the cause of the Plaintiff’s injury. [read post]
14 Aug 2018, 7:25 am by Second Circuit Civil Rights Blog
" Had the district court given the plaintiffs an opportunity to be heard, "light might have been shed on whether this clarification in the law had impacted the case," that is, "the plaintiffs could have explained whether they were trying to streamline the issues for the jury by not having to prove FLSA elements not required for NYLL liability, under which all their recovery could be obtained. [read post]