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26 Mar 2007, 11:37 am
The bill would amend the Code of Civil Procedure so that the apportionment of fault under the joint liability Section only applies to the parties remaining in the case at the time a final determination is made by the trier of fact and does not apply to defendants that have been dismissed or settled. [read post]
7 Apr 2010, 1:18 am by drdiekman
Practice point: The law of the case does not apply to discretionary rulings regarding case management. [read post]
8 Apr 2014, 4:39 pm
 I have no problem whatsoever with tacking on some attorney's fees in light of the surety's intransigence.Which is exactly what the Court of Appeal does. [read post]
21 Mar 2008, 10:41 am
County Of Santa Clara; Ferrara Enterprises LLC; Does;No. 1-08-CV-108597 (filed March 20, 2008) Premises liability lawsuit. [read post]
7 Jun 2010, 10:19 am
The US Court of Appeals for the Eleventh Circuit held [opinion, PDF] that the rule does not apply to substitution of the correct defendant... [read post]
7 Oct 2010, 10:37 am by Ronald V. Miller, Jr.
While FOIA does protect certain records from disclosure in truck accident cases, you can often get inspection reports, compliance reviews, and other information that defendants either do not have or do not produce in discovery. [read post]
23 Aug 2019, 11:15 am by JAntonelli
Malibu Media LLC has filed thousands of John Doe lawsuits accusing internet users of illegally downloading their adult videos through file-sharing services such as BitTorrent. [read post]
24 Mar 2009, 3:30 am
Mirzayance [Cornell LII backgrounder; JURIST report] that a lawyer's recommendation that a criminal defendant withdraw an insanity plea does not constitute ineffective assistance of counsel for purposes of a federal habeas claim. [read post]
28 Dec 2010, 8:56 am by Lon Sobel
Market Thoughts Defending Fair Use Against Technological Blocks Art Meets Commercialism Meets Lawsuit: Blurring the Line Between Art and Merchandise Can Be Perilous The Changing Face of [read post]
4 Oct 2010, 3:09 am by Andrew Lavoott Bluestone
Thus, inasmuch as plaintiff's complaint does not state any cognizable claim in law or in equity, it must be dismissed pursuant to CPLR 3211 (a) (7) (see Heffez, 56 AD3d at 526; Simmons, 32 AD3d at 465). [read post]
1 May 2016, 10:00 pm by Doug Austin
Mariani denied the plaintiff’s request for an adverse inference sanction for the defendants’ failure to preserve trucking logs related to an accident between the plaintiff and a truck driver working for the defendant’s company, but did agree not to allow the defendants to prove the contents of the destroyed documents by other means or argue their contents in dispositive motions or at...Read the whole entry... [read post]
3 Jan 2008, 3:36 am
An anonymous 911 call of a domestic disturbance does not per se permit an entry, but here it did. [read post]
18 Jul 2007, 7:38 am
Legitimate does not mean right. [read post]
16 Jun 2019, 4:00 am by Berniard Law Firm
However, when liability does not exist, a motion for summary judgment is a procedural device that the defendant in a lawsuit can use to dismiss the plaintiff’s claim. [read post]