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26 Jan 2021, 4:01 pm
The district court found that the plaintiff’s agreements were with the defendant’s LLC rather than the defendant as an individual. [read post]
29 Sep 2016, 2:24 pm
More specifically, "a factfinder could rationally determine, based on the foreman's testimony concerning plaintiff's original account of the accident, that plaintiff fell simply because he misplaced his foot when stepping onto the scaffold, without the scaffold moving or otherwise malfunctioning or failing. [read post]
29 Sep 2016, 2:24 pm
More specifically, "a factfinder could rationally determine, based on the foreman's testimony concerning plaintiff's original account of the accident, that plaintiff fell simply because he misplaced his foot when stepping onto the scaffold, without the scaffold moving or otherwise malfunctioning or failing. [read post]
23 Sep 2016, 1:32 pm
The plaintiffs appealed. [read post]
12 May 2016, 1:07 pm
[46] The plaintiff submits that the failure to have such a protocol was a breach of SBS’s obligations under s. [read post]
6 Nov 2019, 3:30 am
Case in points, it’s a lot harder for a plaintiff to show that his/her termination for performance was pretextual. [read post]
12 Oct 2014, 2:47 pm
” Next, the court held that the FAA also preempted the plaintiff’s negligence claim because the plaintiff’s drunk-appearing conduct gave Delta’s personnel “reason to believe” that she was intoxicated and thus posed a safety risk. [read post]
12 Oct 2014, 2:47 pm
” Next, the court held that the FAA also preempted the plaintiff’s negligence claim because the plaintiff’s drunk-appearing conduct gave Delta’s personnel “reason to believe” that she was intoxicated and thus posed a safety risk. [read post]
4 Jul 2019, 8:29 pm
Jensen’s conclusions are amply supported by the facts in the record. [read post]
18 Mar 2021, 5:00 am
Here, the Plaintiff alleged that the Defendant driver left her lane of travel, entered the Plaintiff’s lane of travel, and struck the Plaintiff’s vehicle in a head-on fashion due to the Defendant’s failure to keep alert and maintain a proper watch for the presence of other vehicles. [read post]
28 Jul 2022, 8:56 pm
“The defendant’s conduct is a cause in fact of the plaintiff’s harm if, but-for the defendant’s conduct, that harm would not have occurred. [read post]
21 Sep 2009, 4:49 am
In the Circuit Court’s view, “The factual differences between [plaintiff’s] claims and the claims of her fellow putative class members are significant; as a result of these differences, certain provisions of TILA that apply in [plaintiff’s] case may not apply to most of her proposed fellow class members. [read post]
10 Aug 2011, 7:46 am
The court granted plaintiff's renewed motion to strike defendant's answer and enter default for failing to comply with court orders after defense counsel's fraudulent claim that he had emailed plaintiff's counsel regarding discovery. [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]
1 Nov 2013, 7:54 am
The Ninth Circuit vacated the district court’s $300,000 punitive award, and remanded the case with the instruction that a new trial be ordered should the plaintiff reject a remittitur to $125,000. [read post]
30 Sep 2007, 10:05 pm
What happens when prevailing defendants seek an award of costs against losing class plaintiffs, assuming that the individual class members cannot be reached for the purposes of assessing costs? [read post]
25 Apr 2024, 9:36 am
The employee then offered to pay the plaintiff’s dinner bill if he could beat the three-second record. [read post]
10 Dec 2020, 7:42 am
The basis for the defendant’s motion was that the plaintiff was unable to prove causation without a timely disclosed expert witness. [read post]
12 Jul 2024, 5:14 pm
Every year, editors and reporters review submissions to select finalists for an honoree’s list and each year’s winner. [read post]
27 Aug 2007, 9:19 pm
”The plaintiff also prevailed on a number of other claims, including trademark infringement.While the court got the “likelihood of dilution” standard right, the plaintiff’s evidence still seems pretty thin. [read post]
