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20 May 2021, 4:00 am
In its decision the court referred to an affidavit submitted by NYCTA's Director of Employment Operations for Human Resources indicating that NYCTA had reviewed the recommendation letters and certificates submitted by Plaintiff in support of his reemployment by NYCTA but had decided not to re-employ Plaintiff after considering all of the relevant factors including:[1] The duties and role of the position Plaintiff was seeking;[2]… [read post]
11 Mar 2013, 9:11 am
Plaintiff also testified that Welch “threatened [her] never to go to” Pfizer’s human resources department to complain about his conduct.This all has the makings of a decent hostile work environment case, but the Court of Appeals sustains summary judgment. [read post]
20 Nov 2013, 5:01 pm
Michael Hausfeld, one of the attorneys for the plaintiffs, released a statement saying that, "The court's decision is a victory for all current and former student-athletes who are seeking compensation on a going forward basis. [read post]
11 Jul 2013, 1:38 pm
After a jury trial on the sole cause of action that was left after we prevailed on a motion for summary adjudication knocking out all of her other frivolous claims, the jury decided that there was no spite fence. [read post]
20 May 2021, 4:00 am
In its decision the court referred to an affidavit submitted by NYCTA's Director of Employment Operations for Human Resources indicating that NYCTA had reviewed the recommendation letters and certificates submitted by Plaintiff in support of his reemployment by NYCTA but had decided not to re-employ Plaintiff after considering all of the relevant factors including:[1] The duties and role of the position Plaintiff was seeking;[2]… [read post]
30 Jul 2014, 5:33 am
The plaintiffs sought to certify a class consisting of all individuals who were named as defendants in any debt collection case filed in Michigan by the defendants “which falsely stated that the plaintiff[-medical provider] had taken assignment of the claims of the additional creditors . . . . [read post]
16 Nov 2020, 5:26 am
The court found that, while the Plaintiff disagreed with the value put on the file by the carrier, she had not asserted facts in the Complaint to support an allegation that the carrier's evaluation was unreasonable and/or that the carrier knew that it was unreasonable, all as is required to move forward on a bad faith claim. [read post]
23 Feb 2024, 5:00 am
Eventually, the defense counsel entered his appearance and filed a Rule to File Complaint, all of which could be accomplished without waiving the arguments about lack of timely service. [read post]
18 Sep 2023, 6:30 am
*Reviewing a dismissal of a cause of action for failure to state a claim the Second Circuit Court of Appeals said it assumed "all well-pleaded allegations in the operative complaint are true and draw every reasonable inference in the plaintiff’s favor," citing N.Y. [read post]
3 Jun 2014, 5:34 am
Accordingly, the Court of Appeals affirmed the trial court in all respects. [read post]
7 May 2014, 5:00 am
And of course, we have my "Ravishing Rick Rude" theory of same-sex harassment, which a federal appellate court crapped all over. [read post]
27 Aug 2014, 5:36 am
The plaintiff sought to certify two nationwide classes. [read post]
15 May 2014, 6:55 am
This case tells us how it can all shake out.The case is Davies v. [read post]
Year-old racial comment about getting rid of the "Black guy" not enough to win racial discrimination
23 Feb 2021, 5:29 am
But that comment took place a year earlier, and courts do not like to second-guess discretionary managerial decisions about whom to promote when all the candidates are qualified for the position. [read post]
8 May 2014, 6:00 am
The court granted the Motion to Remand after noting that the Plaintiff and the two claims representative Defendants were all citizens of Pennsylvania. [read post]
7 Jun 2022, 7:54 am
" After reviewing settled legal principles in this area, Justice Thomas writes:These canons showed that §1 exempted only contracts with transportation workers, rather than all employees, from the FAA. [read post]
15 Dec 2020, 6:27 am
" What it all means is that even if plaintiff can show "some evidence of pretext," that evidence cannot override the evidence of plaintiff's performance deficiencies. [read post]
4 Feb 2021, 5:00 am
After his analysis of the facts and the current status of Pennsylvania law, the court ruled that the policy should be read to provide stacked limits on all four (4) vehicles, thereby entitling the Plaintiff to pursue additional UIM benefits under the policy. [read post]
18 Sep 2023, 6:30 am
*Reviewing a dismissal of a cause of action for failure to state a claim the Second Circuit Court of Appeals said it assumed "all well-pleaded allegations in the operative complaint are true and draw every reasonable inference in the plaintiff’s favor," citing N.Y. [read post]
18 Jan 2024, 6:34 am
This is all very complex, and the courts, as I said, have to put themselves in the shoes of the average consumer in determining whether the consumer knowingly agreed to a legitimate arbitration provision. [read post]
