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29 May 2019, 10:38 am by DeFrancisco & Falgiatano
While certain factors, such as the doctor’s ongoing treatment of the plaintiff will toll the statute of limitations, not all treatment constitutes continuous treatment for purposes of tolling the statute. [read post]
12 Apr 2016, 5:24 pm by Patricia Salkin
Thus, because the Village Board did not affirmatively enact any zoning, the Plaintiff argued the Property was left with “no zoning at all. [read post]
3 Sep 2009, 10:21 am by Sheppard Mullin
Where plaintiffs "came a cropper" was that there was no evidentiary showing that any of the plaintiffs would otherwise have bought the service allegedly tied to their purchases from any other seller. [read post]
18 Aug 2011, 4:25 am by Mark Tabakman
  The Offer also included (as they all should) a statement that “reasonable attorneys fees” would be paid in addition to the dollars offered Pitts. [read post]
10 Dec 2018, 10:10 pm by Evan Brown (@internetcases)
The district court dismissed the action and plaintiffs sought review with the Ninth Circuit. [read post]
9 Jul 2016, 1:00 pm by Andrew Delaney
The trial court was having none of it and denied all the motions. [read post]
26 Nov 2018, 8:31 am by Steven Cohen
  The plaintiff alleges that the defendant did not pay the plaintiff and other tipped employees all earned minimum wages and brings a class action under Missouri common law and the Missouri Minimum Wage Law as well as a collection action under the Fair Labor Standards Act. [read post]
30 Nov 2022, 10:30 pm by Penny Biram
    The restaurant admitted that it owed the plaintiff, as a visitor of the premises, a general duty of care to take all reasonable steps to ensure that its premises were generally safe and also relied on the terms of its prominently displayed disclaimer notice. [read post]
6 Jul 2012, 3:20 pm
On 9 July 2007, all the defendants were served with the summons and complaint. [read post]
14 Jun 2013, 5:55 pm by Stephen Bilkis
After careful and thorough consideration of all of the evidence, the Court is not convinced that plaintiff was the victim of domestic violence in the nature of physical abuse and that she fabricated allegations of the same in order to persuade the Court to award her custody of the children. [read post]
17 Jun 2013, 1:13 pm by John J. Sullivan
  The court’s summary judgment decision addressed all, or almost all, of plaintiff’s claims and five of defendants’ affirmative defenses.By far, the most interesting issue, and the main reason that the opinion merits discussion, is the court’s decision on plaintiff’s failure to warn claim. [read post]
21 Oct 2014, 9:44 am
  All are information within plaintiff’s ability to ascertain before filing his complaint. [read post]
25 Apr 2019, 4:00 am by Public Employment Law Press
The Second Circuit Court of Appeals reviewed her appeal of the federal district court’s dismissal of her complaint de novo, "construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff’s favor” but, citing Bell Atl. [read post]
25 Apr 2019, 4:00 am by Public Employment Law Press
The Second Circuit Court of Appeals reviewed her appeal of the federal district court’s dismissal of her complaint de novo, "construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiff’s favor” but, citing Bell Atl. [read post]
3 Feb 2020, 6:54 am by The Law Offices of John Day, P.C.
  The rule does not just apply to health care liability actions – -the Tennessee Supreme Court extended the discovery rule to “all tort actions predicated on negligence, strict liability, or misrepresentation. [read post]
17 Jun 2014, 5:47 pm
The Court finds that a Trustee is needed, and hereby appoints the GAL as the Trustee; and notes that all interested parties agreed to his appointment, by their Stipulation. [read post]
28 Dec 2016, 3:05 pm by Christopher Simon
All negligence claims require proof of four essential elements:  duty, breach, causation, and harm. [read post]
11 Sep 2014, 11:31 am
  The mind boggles.That’s not all. [read post]