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16 Jan 2023, 10:57 am
According to the Opinion, the case arose out of an event during which the Plaintiff’s child spent the night at a friend’s house at which she was allegedly allowed to consume alcohol at that home and two (2) other homes that were visited during the course of the evening. [read post]
23 Jul 2020, 6:58 am
The court denied the plaintiff’s motion, and the plaintiff appealed. [read post]
6 Oct 2020, 12:08 pm
A defendant’s behavior will be the cause in fact of a plaintiff’s losses if the losses would not have occurred without the defendant’s acts. [read post]
14 Jul 2020, 7:12 am
If a defendant does not meet its burden, however, the plaintiff’s claims will not be dismissed despite the strength of the plaintiff’s evidence in opposition to a motion for dismissal, as shown in a recent podiatry malpractice case. [read post]
19 Mar 2024, 6:00 am
Plaintiff challenged DSNY's action but Supreme Court granted DSNY's motion to dismiss Plaintiff's Article 78 petition. [read post]
20 Jul 2015, 8:41 am
We conclude that the water diversion act does not authorize the department's attempts to regulate the plaintiff's excavation activities because those activities are neither diversions within the scope of the plaintiff's permit applications nor properly viewed as effects of the diversions for which permits were sought. [read post]
19 Mar 2024, 6:00 am
Plaintiff challenged DSNY's action but Supreme Court granted DSNY's motion to dismiss Plaintiff's Article 78 petition. [read post]
7 Jun 2012, 9:16 pm
Supreme Court’s 2011 decision on class arbitration waivers in AT&T Mobility v. [read post]
30 Mar 2010, 1:43 pm
Your key witness is usually your client, or your client’s representative. [read post]
23 Oct 2009, 6:29 am
MetLife (the Plan's claim administrator) approved the claim after evaluating plaintiff's medical records from his physician and neurologists. [read post]
18 Apr 2023, 1:51 pm
The decision drew a dissent which argued that the majority’s decision represented a departure from more than 50 years of jurisprudence requiring Section 11 plaintiffs to prove that they purchased registered shares. [read post]
14 Oct 2022, 2:12 am
But according to the motion, Google "chose to do nothing to ensure" that those custodians changed the setting locally.The first plaintiff in this set of Google Play cases was Epic's August 13, 2020 complaint. [read post]
23 Apr 2007, 5:19 am
"Plaintiff's opening... [read post]
16 Jun 2009, 1:01 am
Both the district court and the Eleventh Circuit agreed, noting that the plaintiff’s filings--the only evidence from which jurisdiction can be established--were insufficient to establish CAFA jurisdiction. [read post]
16 Jun 2009, 1:01 am
Both the district court and the Eleventh Circuit agreed, noting that the plaintiff’s filings--the only evidence from which jurisdiction can be established--were insufficient to establish CAFA jurisdiction. [read post]
20 Jul 2007, 11:50 am
Accordingly, the court found that the substantially similar consumer fraud laws of other states were not applicable to the named plaintiffs’ claims, and dismissed that claim with prejudice as to both named plaintiffs. [read post]
30 May 2024, 4:30 am
” Taken together and accepted as true, the plaintiff’s allegations “plausibly allow for the reasonable inference” that her age motivated the defendant’s employment decision, giving the defendant “fair notice of what the . . . claim is and the grounds upon which it rests. [read post]
21 Jun 2011, 7:55 am
The court granted defendant's motion for summary judgment of anticipation and rejected plaintiff's argument that its satellite television patent was conceived prior to the effective date of the anticipating prior art. [read post]
6 Feb 2014, 11:30 am
Defendants sought broad discovery from plaintiff’s Facebook account, to which plaintiff objected in part. [read post]
18 Aug 2006, 6:58 am
Defense Attorneys for Employer Successfully Defeat Plaintiff Lawyer’s Motion to Conditionally Certify Class on Grounds that Employees Failed to Meet Eleventh Circuit’s Two-Part Dybach Test Employees filed a putative class action alleging overtime pay violations of the federal Fair Labor Standards Act (FLSA). [read post]
