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8 Aug 2016, 4:10 am by Howard Friedman
”Moving to plaintiff's argument under the "equal terms" provision of RLUIPA, the court concluded that a dispute of material fact remains as to whether a Section 509(a)(3) private foundation constitutes a "religious assembly or institution" for purposes of RLUIPA. [read post]
1 Dec 2010, 8:47 am by Eric Lipman
The 1st Circuit affirmed the district court's dismissal of the complaint, but not without some fireworks. [read post]
10 Sep 2016, 3:25 am by David Fraser
Therefore, I accept the opinion of the plaintiffs doctor as to the plaintiffs worsened anxiety and depression. [read post]
7 Feb 2017, 4:00 am by Berniard Law Firm
This action allows a defendant to object to a plaintiffs lawsuit when they feel there is no valid legal claim. [read post]
10 Apr 2015, 2:58 pm by Milord A. Keshishian
” The complaint seeks unspecified damages, but Plaintiffs intend to disgorge Yard House’s profits, request an award of attorneys’ fees in addition to an injunction prohibiting Yard House’s use of the Vampire trademark. [read post]
28 Dec 2022, 12:17 pm by Rebecca Tushnet
” Incorporation by reference is appropriate “if the plaintiff refers extensively to the document or the document forms the basis of the plaintiffs claim. [read post]
10 Dec 2018, 10:35 am by Friedman, Rodman & Frank, P.A.
Here, the court pointed out that the plaintiff initiated contact with the store employee, and thus the plaintiffs distracted state was not a “necessary” result of the employee’s actions. [read post]
21 Mar 2011, 6:26 am by Daniel E. Cummins
" Accordingly, Judge Rambo decided to deny the Plaintiff's motion to consolidate.I thank Attorney Carl J. [read post]
11 Feb 2018, 9:12 am by Law Offices of Jeffrey S. Glassman
  On appeal, the court affirmed the lower court’s dismissal and plaintiff was not able to recover damages. [read post]
14 Jul 2014, 5:10 am
In analyzing the motion, the district court first repeated the common test from eBay: "In order to obtain a permanent injunction, Power, as the moving party, must demonstrate each of the following four factors: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and… [read post]
20 Nov 2023, 8:55 am by Howard Bashman
“Eighth Circuit’s Holding that Private Plaintiffs Do Not Have Right to Sue to Enforce Section 2 of the Voting Rights Act Would Decimate the Rights of Minority Voters; Supreme Court Review Almost Certain”: Rick Hasen has this post at his “Election Law Blog. [read post]
5 Apr 2023, 10:54 am by Arielle E. Katz
The appellate court held that the class could not be certified under Rule 23(a)’s commonality requirement and Rule 23(b)(3)’s predominance requirement. [read post]
5 Apr 2023, 10:54 am by Arielle E. Katz
The appellate court held that the class could not be certified under Rule 23(a)’s commonality requirement and Rule 23(b)(3)’s predominance requirement. [read post]
5 Apr 2023, 10:54 am by Arielle E. Katz
The appellate court held that the class could not be certified under Rule 23(a)’s commonality requirement and Rule 23(b)(3)’s predominance requirement. [read post]
10 Jan 2014, 4:10 pm by Arthur F. Coon
  Further, the Coalition completely misread Manhattan Beach’s footnoted reference to plaintiff Coalition’s own contentions in that case regarding “comprehensive environmental review” as part of the Supreme Court’s holding; according to the Court of Appeal, “the Coalition’s strained interpretation … stretches the bounds of reasonable advocacy. [read post]
30 Dec 2009, 7:03 am by Andrew Frisch
Food Lion, 954 F.2d 984, 987 (4th Cir.1992) (affirming dismissal of employer’s counterclaim and third-party complaint for indemnity against plaintiff-supervisor for plaintiffs’ FLSA claims); Martin v. [read post]
22 Sep 2020, 7:46 pm by Family Law
Jim Obergefell, a plaintiff in the case that legalized same-sex marriage, speaks to CNN about Supreme Court Justice Ruth Bader Ginsburg's legacy here. [read post]