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13 Apr 2018, 7:12 am
So defendant sends a Rule 68 offer to the plaintiff's attorney. [read post]
18 Jun 2009, 3:09 pm
In the case, Plaintiff Gross was employed by FBL Financial Group since 1971. [read post]
30 Apr 2021, 6:55 am
On April 27, 2021, the Second Circuit Court of Appeals held in a two to one decision that a plaintiff seeking to recover damages under the Fair Labor Standards Act’s (FLSA’s) extended three-year limitations period for willful violations must do more than make a blanket allegation of “willfulness” to sustain a claim at the initial pleading stage. [read post]
25 Mar 2013, 1:53 pm
S. ___, ___ (2011). [read post]
29 Mar 2023, 5:00 am
The court found that the Plaintiff’s physician’s statement was conclusory, lacking in detail, and was based upon limited medical information. [read post]
6 Mar 2017, 7:41 am
Rather, the Supreme Court held that the IDEA’s exhaustion requirement applies only to cases where the gravamen of the plaintiff’s suit is the denial of access to a free appropriate public education. [read post]
18 May 2011, 5:20 am
The district court rejected plaintiff's consumer surveys and granted the defendants' motion to exclude plaintiff's survey experts because the surveys did not measure the purported advantages of plaintiff's technology. [read post]
21 May 2018, 8:31 am
Before the plaintiff’s fiancé’s case concluded, he died due to injuries related to those that he sustained in the accident. [read post]
21 May 2018, 8:31 am
Before the plaintiff’s fiancé’s case concluded, he died due to injuries related to those that he sustained in the accident. [read post]
18 Sep 2015, 3:54 pm
The appellate court stated that there was substantial contrary evidence supporting the defendant’s liability, including the plaintiffs’ testimony about the red light, the police report, and the witness statement. [read post]
15 Dec 2017, 9:48 am
On appeal, the plaintiffs argued that the evidence presented in the case clearly raised genuine issues of material fact as to whether Monroe County acted recklessly. [read post]
15 Dec 2017, 9:48 am
On appeal, the plaintiffs argued that the evidence presented in the case clearly raised genuine issues of material fact as to whether Monroe County acted recklessly. [read post]
12 Sep 2008, 6:34 pm
" Here, the district court specifically found the defendants chose their mark to advantage of the plaintiff's goodwill, and thus any reluctance to find infringement was inappropriate. [read post]
29 Aug 2017, 5:04 am
In an East Texas personal injury case arising from a motor vehicle accident, there are sometimes multiple witnesses who testify at trial regarding how the accident happened and the effects that it had on the plaintiff’s physical health and well-being. [read post]
16 Jul 2014, 1:13 pm
The plaintiffs responded to the jury's verdict by filing a motion for a new trial. [read post]
24 Jul 2017, 9:34 am
The Facts of the Case The plaintiff rented a condo in the defendant’s condominium complex from the condo’s owner. [read post]
28 May 2016, 7:27 pm
Thus, Plaintiff’s contention that the merger was “ultra vires” was contrary to the position he took before the Board and the Law Division, where he conceded that merger was required as a matter of law. [read post]
4 May 2012, 12:59 pm
The district court, assuming plaintiff’s allegations that the servicer was not a servicer and that the creditor was not a creditor for purposes of the motion to dismiss, granted the motion on the basis that neither the servicer nor owner was a debt collector under the FDCPA. [read post]
28 Apr 2021, 2:14 pm
As to the plaintiff’s remaining arguments on appeal, the court ruled that the district court had acted appropriately in denying the plaintiff’s motion to depose a particular expert witness, given the plaintiff’s delay in seeking relief on this issue. [read post]
3 Sep 2009, 10:11 am
Authored By: John S. [read post]