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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]
28 Feb 2016, 9:00 am
For stockholder plaintiffs, however, what is "reasonable" is often measured by what pre-suit investigation the plaintiff's counsel undertakes in support of the plaintiff's claims. [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]
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]
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]
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]
24 Aug 2009, 12:47 pm
American Bancard, LLC Defendants moved for summary judgment asserting that they are exempt from the FLSA as a “retail and service establishment,” as well as because Plaintiff has not presented sufficient facts to demonstrate that they were aware of Plaintiffs alleged uncompensated overtime work. [read post]
12 Jan 2018, 5:00 am by Daniel E. Cummins
   As such, the Plaintiffs Motion to Remand was denied. [read post]
29 Apr 2013, 10:09 am
The defendant claims that the trial court improperly (1) found that the defendant breached the policy by failing to cooperate with the plaintiffs coverage investigation, thereby prejudicing the plaintiff; (2) found that the defendant’s payment under protest of the tax lien on the property was voluntary, such that it violated the policy and prejudiced the plaintiff; (3) found that the plaintiff was relieved of its coverage obligation… [read post]
11 Jul 2017, 7:39 am by Docket Navigator
The court granted defendant's motion in limine to preclude plaintiff from presenting evidence of joint infringement because plaintiff did not plead that theory in its complaint. [read post]