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4 Jan 2024, 5:01 am
See Doe v. [read post]
5 Jul 2009, 3:31 pm
Jul 3, 2009)(Johnson) (HCLC, does med-mal defendant forfeit right to seek sanctions by failing to pursue by interlocutory appeal challenge to expert report where objection was overruled by the trial court?) [read post]
29 Mar 2016, 12:50 pm
Yesterday, plaintiffs sued North Carolina Governor Pat McCrory, challenging the constitutionality of a newly-enacted House Bill 2 that prohibits cities and counties from adopting their own anti-discrimination ordinances and instead established a state anti-discrimination that does not include transgender persons as a protected class. [read post]
27 Oct 2011, 11:31 am
The fact that an opposing party is affected negatively by such an amendment does not mean that he is prejudiced. [read post]
23 Apr 2012, 8:16 am
Theft of Property in Unlocked Cars in Rumson Leads to Burglary Charges, Lack of Force Entry Does Not Negate the Crime. [read post]
22 Jan 2016, 6:11 am
Thus, the next round of this saga (which began with a sharply divided Court in Genesis Healthcare), is just around the corner: Does a case become moot when a defendant, instead of merely offering full relief, actually pays it? [read post]
7 Apr 2008, 4:18 am
The three individuals named as defendants are Defendants Mark A. [read post]
12 Sep 2023, 5:00 am
While the court agreed that Pennsylvania law requires owners to control their dogs and that a deliberate violation of the Dog Law does constitute negligence per se, claims of absolute liability as a result can still be defended if a Defendant provides an appropriate defense.In this regard, the court noted that there still remained the crucial question as to whether or not the dog owner’s negligence was the proximate cause of the Plaintiff’s injuries. [read post]
8 Feb 2013, 12:17 pm
The appellate court held that the missed opportunity to work overtime hours does not fit the definition of property. [read post]
12 May 2017, 7:03 am
The magistrate judge recommended Rule 11 sanctions against plaintiff for costs and fees incurred after defendant filed a motion to dismiss with declarations showing it "does not make, sell, offer to sell, or import any of the accused [products]. [read post]
13 Jun 2019, 5:00 am
Conversely, the court also noted that, in a case of a defendant who does not admit to knowledge of a danger, punitive damages may still be pursued where other circumstantial evidence can prove that the defendant had subjective knowledge of the risk of harm. [read post]
30 Sep 2014, 12:49 am
When an employer does not take steps to prevent workers and other members of the community from inhaling asbestos fibers, that employer has made a choice to risk the lives of others to save the company money. [read post]
29 Apr 2022, 11:58 am
The Court of Appeal affirms.Of course it does. [read post]
30 Mar 2013, 3:56 pm
The defendant lived in the apartment with two other people. [read post]
7 Jan 2013, 10:27 am
Further, plaintiff’s expert’s report “does not indicate that he performed any analysis to compare the benefits and value of the technology covered by this agreement, and he conceded as much at his deposition. [read post]
27 Dec 2011, 4:28 am
For corporate (and equivalent) parties, new section 1391(c) divides the residence determination into the party as defendant and the party as plaintiff. [read post]
6 Jul 2012, 5:29 pm
Most experienced lawyers have come to learn that when a defendant/debtor has no insurance coverage, the defendant is also likely to have no assets making the defendant judgment proof. [read post]
9 Jan 2012, 6:00 am
The rule does not require the government to create documents that may provide information a defendant desires to obtain, nor does it require the government to present agents or witnesses for interviews or in-court examination. [read post]
30 May 2012, 11:06 am
Second, PHP’s evidence: still does not link the defendant banks with Virginia customers, [the individual defendants], or the single transaction at issue in this case. [read post]
23 Oct 2015, 6:25 am
Rule 26(b)(5) does not end with the caveat, "if the party feels like it. [read post]
