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12 Apr 2013, 10:51 am by K&L Gates
  In response to an inquiry from Plaintiffs counsel, prompted by Plaintiffs receipt of an alert that his account had been accessed from an unfamiliar IP address, Defendant’s counsel confirmed that he had accessed the account. [read post]
20 Jul 2009, 3:33 pm
Iqbal, this term's decision dismissing a plaintiff's Bivens complaint against high-level federal officials for failure to describe with enough detail the officials' actions that led to the alleged... [read post]
13 Jun 2018, 9:25 am by Cristina Wendel
The WCB accepted the plaintiffs claim for WCB benefits and thus the Act vested the plaintiffs action in the WCB. [read post]
19 Apr 2011, 10:09 am by PaulKostro
A judgment against a defaulting defendant generally should be granted unless “some necessary element of plaintiffs prima facie case was missing or . . . plaintiffs claim was barred by some rule of law whose applicability was evident either from the pleadings or from the proofs presented. [read post]
4 Apr 2020, 2:12 pm by DeFrancisco & Falgiatano
Facts Regarding the Plaintiffs It is alleged that the plaintiffs decedent reported to the defendant hospital with complaints of chest pain. [read post]
8 Apr 2020, 6:34 am by Second Circuit Civil Rights Blog
After they finally arrested plaintiff, they asked about the whereabouts of his son, A.S., who was living with plaintiff's mother. [read post]
28 Apr 2020, 5:00 am by Daniel E. Cummins, Esq.
As a result, the Plaintiffs claim was dismissed.The Plaintiff had received workers' compensation benefits but then sued his employer for an unsafe work space.More specifically, the Superior Court agreed that the Defendant had control over the Plaintiffs work, that the Plaintiff was performing only the Defendant’s work on a daily basis, that the employment was over a significant length of time with the… [read post]
6 Jul 2016, 9:48 am by Lebowitz & Mzhen
The plaintiffs claim alleged that the defendant provided substandard prenatal care to the plaintiffs mother while he was in utero, and that the defendants committed additional malpractice while delivering the child, resulting in permanent injury and disabilities. [read post]
19 May 2014, 9:11 am
First, we conclude that the plaintiffs claim of error in denying summary judgment is unreviewable. [read post]
26 Jun 2023, 4:30 am
.), the court denied a Defendant’s carrier’s Motion to Dismiss a Plaintiffs bad faith claim over the carrier’s alleged failure to pay UIM benefits after the Plaintiff was injured in a motor vehicle accident.The court found that, based upon the pleadings in the Complaint, the Plaintiff had pled a plausible bad faith claim. [read post]
17 Jul 2023, 6:00 am by Public Employment Law Press
Plaintiffs then appealed Supreme Court's order and its judgment [1] dismissing the proceeding and [2] denying, "as academic," the Plaintiffs' motion for other judicial relief. [read post]
17 Jul 2023, 6:00 am by Public Employment Law Press
Plaintiffs then appealed Supreme Court's order and its judgment [1] dismissing the proceeding and [2] denying, "as academic," the Plaintiffs' motion for other judicial relief. [read post]
14 Jul 2014, 8:30 am
On appeal, the defendant claims that the trial court erred in granting the plaintiff's motion for summary judgment because (1) the action is barred by the doctrines of res judicata and collateral estoppel; (2) the plaintiff failed to establish a prima facie case for foreclosure; and (3) a prior judgment of dismissal against the plaintiff created a genuine issue of material fact as to the plaintiff's status as holder of the note at the… [read post]
5 Mar 2018, 5:00 pm by Cristina Wendel
A judge in a recent wrongful dismissal action dismissed the plaintiffs allegation that he was dismissed after making suggestions about […] [read post]
5 Mar 2018, 5:00 pm by Cristina Wendel
A judge in a recent wrongful dismissal action dismissed the plaintiffs allegation that he was dismissed after making suggestions about […] [read post]
5 Mar 2018, 5:00 pm by Cristina Wendel
A judge in a recent wrongful dismissal action dismissed the plaintiffs allegation that he was dismissed after making suggestions about […] [read post]
26 Mar 2012, 10:57 am by ADeStefano
Unfortunately, an independent contractor had recently removed the stairs for repairs, and the plaintiff fell three stories to the ground.The defendant’s motion for summary judgment was denied on the claim that it had a duty to light the exterior landing and stairs. [read post]
12 Jan 2018, 5:00 am by Daniel E. Cummins
   As such, the Plaintiffs Motion to Remand was denied. [read post]