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19 Sep 2023, 2:00 am
Settlement Agreement and Release of Claims for Single-Plaintiff Employment Dispute Use this non-jurisdictional automated template to resolve single-plaintiff employment disputes. [read post]
18 Sep 2023, 11:00 pm
13-YEAR-OLD POOCH WILL STAY IN NEW YORKAfter the New York County Supreme Court denied Plaintiff E’s request for an order of “seizure, preliminary injunction, and temporary restraining order,” all with respect to the parties’ canine, an appeal followed.Given that the motion court had properly found it was in the “best interests for all concerned,” that the 13-year-old animal not engage in back-and-forth travel to Nashville, and that it remain in… [read post]
18 Sep 2023, 11:00 pm
13-YEAR-OLD POOCH WILL STAY IN NEW YORKAfter the New York County Supreme Court denied Plaintiff E’s request for an order of “seizure, preliminary injunction, and temporary restraining order,” [all with respect to the parties’ canine], an appeal followed.Given that the motion court had properly found it was in the “best interests for all concerned,” that the 13-year-old dog not engage in back-and-forth travel to Nashville, and that it remain in… [read post]
18 Sep 2023, 9:01 pm
Most importantly from a practical standpoint, Mallory may significantly alter the playing field regarding where plaintiffs may sue corporate defendants. [read post]
18 Sep 2023, 2:06 pm
The plaintiff homeowner in Alta Del Mar claimed that this email discussion was considered a board meeting and thus violated the OMA by not affording the homeowner notice and an opportunity to be heard. [read post]
18 Sep 2023, 8:00 am
The Plaintiff, Ruby Chacko, had been a software engineer for twenty years when she began experiencing severe pain in her eyes, neck, shoulders, and arms, as well as blurred vision, prompting her to file claims for short-term disability (“STD”) and long-term disability (“LTD”) benefits, which claims were initially approved by AT&T’s third-party claims administrator Sedgwick Claims Management Services, Inc. [read post]
18 Sep 2023, 7:50 am
On September 14th, the Federal District Court for the Eastern District of Kentucky granted the plaintiff’s motion to preliminarily enjoin the CFPB from implementing the Small Business Lending Rule (“Rule”) promulgated under section 1071 of the Consumer Financial Protection Act. [read post]
18 Sep 2023, 7:40 am
The approval says: “Defendants’ Motion for Partial Summary Judgment on Plaintiffs Claims for Dilution, Misappropriation, Tortious Interference, and Request for Disgorgement [Dkt. [read post]
18 Sep 2023, 7:15 am
Plaintiffs are not favored either and must still present evidence to meet their burden of proof. [read post]
18 Sep 2023, 7:15 am
These cameras might be facing the windshield or the vehicle’s occupants. [read post]
18 Sep 2023, 6:47 am
The court ordered the defendants to refrain from using Mallet’s information in formulating, manufacturing, distributing, or selling products competitive to Mallet’s products. [read post]
18 Sep 2023, 6:30 am
The Plaintiff in this action appealed a federal district court’s dismissal of her 42 U.S.C. [read post]
18 Sep 2023, 6:30 am
Under the Equal Pay Act, plaintiffs must show their comparators had identical jobs as the plaintiff and that they were paid more money. [read post]
18 Sep 2023, 6:30 am
The Plaintiff in this action appealed a federal district court’s dismissal of her 42 U.S.C. [read post]
18 Sep 2023, 5:00 am
And while there are exceptions to that requirement – like when “an affirmative act of negligence by the municipality creates the defect; or where a special use of the property confers a special benefit upon the municipality” – those exclusions were inapplicable in this instance.Given that the City’s Deputy Commission of Public Works attested to a search of the records, and reported that no “prior written notice of the ice condition alleged by the… [read post]
18 Sep 2023, 4:41 am
“An attorney’s conduct or inaction is the proximate cause of a plaintiff’s damages if “but for” the attorney’s negligence “the plaintiff would have succeeded on the merits of the underlying action” (AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434, 866 NE2d 1033, 834 NYS2d 705 [2007]), or would not have sustained “actual and ascertainable” damages (Dombrowski, 19 NY3d at… [read post]
18 Sep 2023, 3:15 am
A federal magistrate court just said Delaware law governs the direct/derivative distinction, though the injury is direct, the damages from a stock price drop are derivative, and therefore, plaintiff cannot bring claims directly. [read post]
18 Sep 2023, 3:00 am
Thus, even when Plaintiff’s allegations are viewed in a light most favorable to Plaintiff, Giometti cannot be liable for negligent misrepresentation. [read post]
18 Sep 2023, 1:59 am
In the Fifth Circuit’s view, “[t]he dispositive question” was whether the plaintiffs’ alleged censorship could “also be traced to government-coerced enforcement of those policies. [read post]
17 Sep 2023, 11:00 pm
The court also concluded that the plaintiff’s claims of “assault, battery, false imprisonment, malicious prosecution, defamation, and invasion of privacy,” were time-barred because they had not been timely interposed.And, on appeal, the Appellate Division, First Department, agreed. [read post]
