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10 Sep 2009, 3:43 pm
In all those circumstances, this factor, I am satisfied, favours the Plaintiff“ [read post]
9 Nov 2022, 7:21 am
Senate candidate Blake Masters joined the RNC as plaintiffs in the lawsuit against Maricopa County. [read post]
6 Apr 2010, 8:09 pm
Linton v Nawaz, 2010 NY Slip Op 02835 (2010) “[t]he evidence plaintiff proffered relating to injuries to his right shoulder and lumbosacral spine raised a triable [*2]question of fact as to whether he suffered a serious injury that was causally related to the accident under the permanent consequential limitation of use of [...] [read post]
23 Apr 2007, 10:12 am
Apr. 19, 2007) In this brief order, the court granted defendant’s motion to compel and ordered plaintiff to produce, among other things, certain plant data “in electronic... [read post]
17 Feb 2013, 10:59 am
As defendants have met his burden as to all categories of serious injury alleged by plaintiff, the Court turns to plaintiff’s proffer. [read post]
1 Oct 2015, 2:54 pm
All agree that the Navy is categorically immune from such an action. [read post]
6 Feb 2023, 3:15 pm
All three Plaintiffs were peacefully arrested and cited for violating the Order. [read post]
14 Aug 2007, 4:15 am
Teleflex decision, plaintiff issued a statement of non-liability as to those patents and the parties voluntarily dismissed all of their claims and counterclaims related to those patents. [read post]
6 Jul 2018, 10:40 am
” In briefing, Post urged the court to reject the plaintiff’s alleged attempt to recast the case as an “all natural” case, stating that it “never promoted Simply Potatoes as all-natural, either expressly or by implication” and asserted that the plaintiffs’ false labeling claims as to the “made with real butter” and “fresh” language are preempted by regulations promulgated under the Federal Food,… [read post]
6 Jul 2018, 10:40 am
” In briefing, Post urged the court to reject the plaintiff’s alleged attempt to recast the case as an “all natural” case, stating that it “never promoted Simply Potatoes as all-natural, either expressly or by implication” and asserted that the plaintiffs’ false labeling claims as to the “made with real butter” and “fresh” language are preempted by regulations promulgated under the Federal Food,… [read post]
13 Jul 2015, 8:14 pm
This argument ignores the above definition of a junk yard, which includes a location within the Town where material for salvage is stored, and in so doing disregards the entire context from which all of plaintiff's enforcement efforts under the Town of Nassau Junk Yard Ordinance arose. [read post]
1 Jul 2021, 1:27 am
The plaintiff must prove all elements of the case, including causation, by a preponderance of the evidence—that the defendant’s actions were more likely than not the cause of the plaintiff’s injuries. [read post]
4 May 2016, 3:37 am
While the additional facts demonstrated that these properties were similar in some respects, Plaintiff still failed to demonstrate that the properties were “prima facie identical in all relevant respects. [read post]
16 May 2012, 2:09 pm
If plaintiffs' evidence of causation was so lacking in the high-profile Strudley case, why shouldn't all similar hydrofracking cases be "tested" by Lone Pine? [read post]
25 May 2012, 8:27 am
If plaintiffs' evidence of causation was so lacking in the high-profile Strudley case, why shouldn't all similar hydrofracking cases be "tested" by Lone Pine? [read post]
25 May 2012, 8:27 am
If plaintiffs' evidence of causation was so lacking in the high-profile Strudley case, why shouldn't all similar hydrofracking cases be "tested" by Lone Pine? [read post]
8 Aug 2017, 4:34 am
Unfortunately for plaintiffs, it is an all-or-nothing doctrine in Maryland. [read post]
30 May 2010, 8:04 am
Plaintiff's complaint sets forth five causes of action, all of which seem to be alleging various theories supporting the same tort; i.e., all five causes of action appear to be restated causes of action for wrongful death based upon medical negligence. [read post]
22 Mar 2016, 6:00 am
Under that theory, the fact of damage does not require a showing that all -- or virtually all -- class members accrued unpaid meal break premium wages, but only that on a system-wide basis, petitioners denied the class members the benefits of the compensation guarantee and enhanced enforcement implemented by section 226.7.The plaintiffs' proposed method of determining the amount of restitution did not create a barrier to certification. [read post]
6 Mar 2013, 2:51 pm
The Plaintiff's theory was that the implied duty of good faith and fair dealing, which has been consistently held by Tennessee courts to apply to all contracts governed by Tennessee law, applied to the assignment clause in that case. [read post]
