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28 Nov 2023, 4:20 am
How many of those views are the plaintiff and plaintiff’s counsel? [read post]
28 Nov 2023, 4:10 am
In vacating the district court's grant of summary judgment, the court said in part:When we are considering government policies that are not neutral and generally applicable—that is, policies that discriminate against religion rather than burden it incidentally—there is no justification for requiring a plaintiff to make a threshold showing of substantial burden. [read post]
27 Nov 2023, 10:00 pm
When the Kings County Supreme Court granted that request, C.M. appealed.The Appellate Division, Second Department, noted that when these kinds of motions are made, it’s incumbent upon the movant to show that “`the defendant breached a duty owed to the plaintiff and that the defendant's negligence was a proximate cause of the alleged injuries.'”Since it was unrebutted that K.F. had the right of way, and that C.M. failed to yield before hitting… [read post]
27 Nov 2023, 6:28 pm
After the initial shock of an accident wears off, a person's memory might be untrustworthy, and an expert can help bridge the gap between a plaintiff's recollection of a crash and the actual events that unfolded. [read post]
27 Nov 2023, 4:23 pm
The court’s decision in this case could have wide-ranging effects on the manner and methods of government efforts to influence the information that guides the public’s debates and decisions. [read post]
27 Nov 2023, 3:35 pm
For example, while the plaintiffs in BNSF are not being permitted to assert a one-violation-per-scan theory in their new trial because the court found that plaintiffs had not adequately disclosed that theory, plaintiffs asserted that such a theory would have raised the number of violations from 45,600 to 1,171,608. [read post]
27 Nov 2023, 2:03 pm
The Biden administration and other plaintiffs, including the Democratic National Committee and the Arizona Democratic Party, went to federal court to challenge the laws, arguing that they violated (among other things) the 14th Amendment’s guarantee of equal protection and federal voting laws. [read post]
27 Nov 2023, 2:01 pm
The NYT and WSJ received a newly unsealed version of the unredacted October suit, including some evidence cited by the plaintiff states. [read post]
27 Nov 2023, 1:05 pm
As a result, the Court denied the plaintiff’s Motion to Strike the defendant’s Answer for Spoliation. [read post]
27 Nov 2023, 1:05 pm
(It’s preclusion, really, but the court says that preemption principles are implemented by Dastar.) [read post]
27 Nov 2023, 11:53 am
The uneasy feeling of being covertly watched is one that’s inspired more than a few catchy songs, but you should know it’s a possibility if you’re the plaintiff in a Fort Myers personal injury lawsuit. [read post]
27 Nov 2023, 11:53 am
The uneasy feeling of being covertly watched is one that’s inspired more than a few catchy songs, but you should know it’s a possibility if you’re the plaintiff in a Fort Myers personal injury lawsuit. [read post]
27 Nov 2023, 10:27 am
Even cash-rich plaintiff-appellants could likely further monetize the guarantee. [read post]
27 Nov 2023, 9:34 am
” In other words, insofar as a plaintiff alleges faithless servant derivatively on behalf of a close business entity, the resulting judgment is payable to the entity for distribution among the owners pro rata. [read post]
27 Nov 2023, 9:00 am
Here's the abstract and introduction. [read post]
27 Nov 2023, 8:47 am
The paper's abstract follows. [read post]
27 Nov 2023, 7:26 am
In response to Carpenter’s memo, Terry House Inc., a non-profit created by the plaintiffs, stated that it opposes the plan to return the property.[22] Instead, the non-profit wants the city to honor the terms of the original grant.[23] This contrasts with a press release posted on the non-profit’s Facebook page in February of 2022. [read post]
27 Nov 2023, 7:00 am
For a free, confidential case analysis, call Rice, Murtha & Psoras’s Maryland medical malpractice lawyers at (410) 694-7291. [read post]
27 Nov 2023, 6:49 am
In so ruling, the Eighth Circuit held that the named plaintiff's allegations failed to meet the "ascertainable loss" requirement under the Missouri Merchandising Practices Act. [read post]
27 Nov 2023, 6:30 am
’ Defendant’s engineer, W. [read post]
