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27 Nov 2023, 6:02 am
The catch is that to pursue the appeal, the officer has to concede for purposes of the appeal that the plaintiff's version of events is true and that, based on those stipulated facts, the officer gets the benefit of the doubt and therefore immunity.This excessive force claim does not lend itself to qualified immunity because the parties still disagree about basic facts, even on appeal, such as how far plaintiff was from the officers when they shot him, whether… [read post]
27 Nov 2023, 6:00 am
G&G’s argument states that they were granted the exclusive rights to the commercial distribution of the Saul “Canelo” Alvarez v. [read post]
27 Nov 2023, 5:57 am
Nine years later, the plaintiff alleged that the defendant failed to assert this defense. [read post]
27 Nov 2023, 5:21 am
Consequently, we conclude that plaintiff’s allegations, even if accepted as true, fail to allege a prima facie case of legal malpractice (see CPLR 3211 [a] [7]; Leder, 9 NY3d at 837). [read post]
27 Nov 2023, 5:00 am
The Court's companion Order can be viewed HERE.I thank Attorney James A. [read post]
27 Nov 2023, 2:52 am
This post was authored by Gabriella Mickel, Pace University Elisabeth S. [read post]
26 Nov 2023, 9:01 pm
Senior District Judge Jed S. [read post]
26 Nov 2023, 8:08 pm
The structure of a custody hearing in Maryland typically begins with the plaintiff’s case, followed by the defendant’s. [read post]
26 Nov 2023, 7:31 pm
In reaching its decision, the court rejected plaintiff’s argument that because CBP had certain enforcement powers, the agency’s search and withholdings should be reviewed under a “strict scrutiny” standard.Summaries of all published opinions issued since April 2015 are available here. [read post]
26 Nov 2023, 6:40 pm
At this point, I pause to ask readers unfamiliar with Caremark to skip over to an earlier post: After Boeing, Caremark is no longer "the most difficult theory in corporation law upon which a plaintiff might hope to win a judgment". [read post]
26 Nov 2023, 7:30 am
There are some circumstances where a retired medical professional can be an expert, but they still need to have been practicing medicine in the relevant field within five years of the plaintiff’s injuries taking place. [read post]
26 Nov 2023, 7:06 am
” The legal shift, the authors suggest, has “political implications,” as the board-level Caremark “risks” that plaintiffs’ lawyers are advancing “correspond to du jour ESG issues like climate change, DEI, and #MeToo. [read post]
25 Nov 2023, 10:50 pm
Here’s why. [read post]
25 Nov 2023, 9:26 am
Gee, 625 So.2d 1 (Fla. 3d DCA 1992), explained that knowledge of the fraud will be imputed to a corporation when the plaintiff demonstrates “without dispute, that a corporate officer’s fraud intended to and did benefit the corporation, to the detriment of” the plaintiff. [read post]
25 Nov 2023, 8:20 am
Last week, Bayer AG learned it must pay four plaintiffs $1.56 billion after a jury decided Monsanto was liable for Roundup-caused injuries, including cancer. [read post]
25 Nov 2023, 8:12 am
The plaintiff’s claims are brought under New York’s Adult Survivors Act. [read post]
25 Nov 2023, 6:32 am
Additionally, the court ruled that the plaintiff could not recover for losses “resulting from a falling object, where that object is falling immediately following and because of an excluded peril. [read post]
25 Nov 2023, 6:12 am
Jackson Women’s Health Organization births rose by an average of 2.3 percent in states enforcing abortion bans or restrictions. [read post]
24 Nov 2023, 6:25 pm
Put another way, "Is it plausible that the plaintiff's accident was caused by the defendant's breach of the standard of care? [read post]
24 Nov 2023, 6:08 pm
Greene’s Energy Group, LLC, 138 S. [read post]
