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7 Apr 2010, 7:30 am
The certified class encompasses four distinct job positions (Audit Assistant, Audit Senior Assistant, Audit In-Charge, Audit Senior), all of which (1) were staffed by non-licensed individuals who (2) performed tasks contained within only one of the five distinct phases of the financial audit service performed by defendant. [read post]
1 Sep 2020, 5:17 am
Where plaintiffs tried to certify a class in a food poisoning case that included all persons who ate at defendant restaurant during a certain time period that became sick due to either ingesting contaminated well water and/or coming into contact with sick employees, as well as these customers “spouses parents children or guardians” who also became infected, the Court of Appeals affirmed the denial of class certification based on the failure to prove commonality,… [read post]
6 Sep 2016, 9:15 am
The plaintiff then amended the complaint to add the name of the driver. [read post]
6 Sep 2016, 9:15 am
The plaintiff then amended the complaint to add the name of the driver. [read post]
15 Aug 2023, 11:36 am
She should be prepared to litigate this case under her real name—or not at all. [read post]
28 Jan 2011, 7:34 am
According to plaintiffs, this oral agreement incorporated all of the terms and conditions of the 1996 written agreement, including the non-compete clause. [read post]
10 Dec 2015, 5:00 am
Does a plaintiff who voluntarily dismissed all claims with prejudice have anything left – any “case or controversy” − to appeal? [read post]
10 Oct 2016, 2:12 pm
The Smiley decision is an important reminder for employers to review their pay practices and ensure that all hours worked by non-exempt employees are captured and compensated. [read post]
22 Apr 2013, 9:44 am
Creditors owed identical amounts under identical defaulted Argentine bonds, including identical pari passu clauses, could get very different recoveries under the plaintiffs' theory of ratable payment--unless all such creditors are corralled into a mandatory class action that divvies up Argentina's surplus among them under equitable supervision of the courts. [read post]
30 Jul 2013, 2:58 pm
As part of her bankruptcy filing, Ah Quin was required to disclose all of her assets, including the lawsuit, because in the event she prevailed, she could have recovered damages to help satisfy her debts. [read post]
21 Aug 2017, 8:00 am
” Frivolousness isn’t a requirement, and courts award fees under FDUTPA to defendants who prevail on summary judgment on a FDUTPA claim after a plaintiff initially gets past a motion to dismiss. [read post]
Virginia’s Contributory Negligence Rule May Make Recovering after a Slip-and-Fall Accident Difficult
10 Jan 2019, 9:24 am
Virginia’s contributory negligence law applies in almost all negligence cases, and often leads to relatively harsh results. [read post]
25 Jun 2017, 12:44 pm
Considering how the relevant claim terms would have to be construed, the court determined that the “Frame Limitation” had not been met under a theory of direct infringement “[b]ecause Plaintiff has not alleged the frame communicates the assignment and duration of all constituent intervals of the inbound portion of the communication cycle to all remotes. [read post]
5 Jun 2012, 6:42 am
All legal professionals should know what really happens when a plaintiff borrows against his or her future settlement. [read post]
10 Jun 2022, 4:28 pm
" Because Plaintiffs here are challenging the constitutional, statutory, and regulatory validity of government activity affecting all federal employees and all employees of government contractors, this first question in the SMU analysis does not weigh in favor of granting Plaintiffs' request to proceed under pseudonyms. [read post]
7 Jul 2015, 12:57 pm
We see this approach all the time – throw in anything and everything and hope something sticks. [read post]
18 Oct 2010, 5:51 am
The court granted in part plaintiff's motion to sever and stay non-elected claims and rejected defendant's argument that "Plaintiff waived any right to seek severance because Plaintiff did not challenge the requirement in the Court’s scheduling order that Plaintiff elect a limited number of claims. [read post]
26 Dec 2018, 6:49 am
Guy has previously treated that would qualify him to render an opinion on all of the plaintiff’s many and varied injuries alleged in this case. [read post]
25 Mar 2024, 11:03 am
Talk to a Capable Syracuse Medical Malpractice Attorney Chiropractors, like all healthcare providers, are expected to provide competent care and if they neglect to do so they should be held accountable for any harm they cause. [read post]
19 Jun 2014, 1:38 pm
Illinois adheres to principles of contributory fault, the effect of which can bar recover for damages if a Plaintiff is found to be more than 50% at fault, and diminish recovery in cases where the fault assigned to the Plaintiff is 50% or less. [read post]
