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4 Apr 2019, 3:24 pm by Matthew Vance
  The standard entails a showing of (1) a duty owed by a defendant to a plaintiff; (2) breach of that duty, which is typically based on a standard of reasonable care; (3) causation between the breached duty and a plaintiff’s damages, and (4) damages. [read post]
24 May 2018, 3:51 am by The Law Offices of John Day, P.C.
…Notably, however, in a case involving real property damage, the plaintiff does not have the burden of offering alternative measures of damages, and the burden is on the defendant if he or she seeks to argue that the measure of damages advanced by the plaintiff is unreasonable. [read post]
10 Feb 2020, 11:15 am by Second Circuit Civil Rights Blog
., issued on February 10.What occasions this infrequent procedure is a ruling the three-judge panel issued in December 2019, found at 944 F.3d 370 (2d Cir. 2019), in which the Court held by a 2 to 1 majority that the Fair Housing Act holds landlords liable if they to stop known racial harassment in their buildings. [read post]
11 Sep 2013, 9:52 am by Steve Delchin
§ 77k, which creates liability for false statements in registration statements, provides for strict liability and does not require a plaintiff to plead a defendant’s state of mind. [read post]
1 Jul 2021, 1:50 pm by Davin Rosborough
The court’s decision does not prevent challenges to discriminatory laws under the VRA, and it did reject some of the most extreme arguments made by the laws’ proponents. [read post]
21 Sep 2015, 7:03 am
The appeal is actually against the decision of the Opposition Division that "claim 2 as granted was not maintained". [...]2.3.2 The appellants do not defend the main request as filed before the Opposition Division, wherein claim 2 as granted figured. [read post]
13 Jul 2011, 4:30 am
P. 41(a)(2) for voluntary dismissal of his complaint without prejudice, asserting that, as a result of the Court’s dismissal of all foreign defendants, the Court had deprived itself of subject matter jurisdiction. [read post]
13 Jul 2011, 4:30 am
P. 41(a)(2) for voluntary dismissal of his complaint without prejudice, asserting that, as a result of the Court’s dismissal of all foreign defendants, the Court had deprived itself of subject matter jurisdiction. [read post]
5 Feb 2009, 11:15 am
According to CBS 2, the driver was driving through the South Side at around 2 a.m. on Nov. 30 when a 71-year-old man emerged from between two parked cars. [read post]
27 Mar 2013, 2:10 pm
Why did the Court deny class certification and what does this mean for class-action defendants going forward? [read post]
14 Aug 2013, 8:53 am
But the nature or thoroughness of a defendant’s record keeping does not alter the plaintiff’s burden to fulfill Rule 23’s requirements. [read post]
22 Jul 2021, 3:18 am
 Factors to be considered in a motion to vacate a default judgment for failure to answer are 1) whether the plaintiff will be prejudiced, 2) whether the default was willful, and 3) whether the defendant has a meritorious defense to the action.Davoudzadeh asserted that he never received the petition for cancellation, nor the "notice of cancellation. [read post]
13 Nov 2013, 2:35 pm
At the time the court did not decide whether any of the individual defendants were personally liable. [read post]
12 Aug 2019, 12:25 am
Does the State Attorney have ANY idea what a simple "w/h, cc" does to a young person when they go out into the digital world where background checks occur on apps on phones and try to 1- get a job; 2- rent an apartment; 3- get credit; etc, etc? [read post]