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24 Aug 2011, 3:26 am by Bob Kraft
The crux of the matter is that money must be withheld from the settlement or verdict amount in order to repay Medicare any money it may have paid for the plaintiffs medical expenses. [read post]
13 Sep 2016, 4:05 am by Howard Friedman
 The court held that Title VII's religious organization exemption applies to plaintiff's claim, and that the Salvation Army did not waive the defense by failing to assert it as an affirmative defense. [read post]
24 Sep 2008, 3:36 pm
  After sending a letter accusing the plaintiff of infringing two patents, the patent holder attempted to get the plaintiff's display removed from a trade show in Seattle and told potential customers the plaintiff had copied their patent. [read post]
9 Apr 2020, 3:11 pm by Evan Brown (@internetcases)
Plaintiff sued some unknown “John Doe” defendants who infringed plaintiffs copyrights. [read post]
18 February 2024 See how JMBM’s Global Hospitality Group® can help you.Click here for the latest articles on ADA Compliance and Defense. [read post]
13 Jun 2015, 6:00 am by Patricia Salkin
Plaintiff sought review a determination of the Zoning Board of Appeals that denied the petitioner’s appeal of a Code Enforcement Appearance Ticket issued by the respondent Town Building Inspector. [read post]
11 Jun 2012, 6:49 am by Stanley D. Baum
KeyCorp, Nos. 10-4163/4198/4199 (6th Cir. 2012), plaintiff Ann Taylor was appealing the district court's dismissal of her complaint for lack of subject-matter jurisdiction. [read post]
12 Apr 2024, 7:39 pm by Allan Blutstein
(D.D.C.) -- dismissing case as moot, except with respect to matters relating to attorney’s fees and costs, because agency complied with court’s earlier decision to release certain records to plaintiff; refusing to consider plaintiffs belated argument that agency has a “systemic policy of delaying the release of records”; and rejecting plaintiffs various protests about how agency released records,… [read post]
17 Jul 2016, 5:44 am by Benjamin S. Persons, IV
In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiffs injury. [read post]
17 Jul 2016, 5:44 am by Benjamin S. Persons, IV
In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiffs injury. [read post]
14 Jan 2018, 4:00 am by Berniard Law Firm
This case out of Ascension Parish illustrates the plaintiffs burden of proof in a tort action. [read post]
6 Oct 2020, 12:08 pm by Eric Beasley
A defendant’s behavior will be the cause in fact of a plaintiffs losses if the losses would not have occurred without the defendant’s acts. [read post]
14 Jul 2020, 7:12 am by DeFrancisco & Falgiatano
If a defendant does not meet its burden, however, the plaintiffs claims will not be dismissed despite the strength of the plaintiffs evidence in opposition to a motion for dismissal, as shown in a recent podiatry malpractice case. [read post]
19 Mar 2024, 6:00 am by Public Employment Law Press
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]