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10 Sep 2023, 11:00 pm
”That the underlying motion did not cite to the precise CPLR section in question was of no moment, as the AD2 felt that the court below was free to deem the application as having been made under the correct ground, [CPLR3211(a)(5)], particularly in the absence of any “prejudice,” which had not been demonstrated in this case.Think it’s time to let go? [read post]
10 Sep 2023, 6:03 pm
’ … Therefore, Rule 9(b)’s heightened pleading standard applies. [read post]
10 Sep 2023, 9:03 am
Phillips In this 1999 case, Florida’s 4th District Court of Appeal affirmed a trial court’s dismissal of a plaintiff’s claim that a healthcare facility negligently retained/supervised an employee who sexually assaulted a patient. [read post]
10 Sep 2023, 7:49 am
Jones, now of AEGIS Law, the plaintiff’s lawyer at the relevant times who has since been replaced]. [read post]
10 Sep 2023, 6:27 am
Often, liable parties will make a settlement offer that is less than what the plaintiff is asking for. [read post]
10 Sep 2023, 5:01 am
Therefore, Plaintiffs' burden under step one of the Bruen analysis is easily met for the same reason it was met in Bruen…. [read post]
10 Sep 2023, 4:00 am
No matter how strong the case is on the law, if the case presents weak facts, it’s almost certainly a loser. [read post]
9 Sep 2023, 3:28 pm
The Biden Administration appealed the District Court’s ruling to the 5th Circuit Court of Appeals. [read post]
9 Sep 2023, 1:36 pm
The state quo warranto plaintiffs had state standing, but not federal standing, so the federal court remanded their case to state court. [read post]
9 Sep 2023, 11:17 am
The lawsuit contends that the government’s decision regarding the water discharge is unlawful. [read post]
9 Sep 2023, 9:08 am
Rivkin is a partner at BakerHostetler LLP and is on the team representing plaintiff-appellants in the case Moore v. [read post]
9 Sep 2023, 6:52 am
In yesterday's decision in Missouri v. [read post]
9 Sep 2023, 5:53 am
The decision was contested by the plaintiffs, who sued Google Ireland, the company that offers YouTube’s services in the European Economic Area. [read post]
8 Sep 2023, 6:59 pm
Navy and Department of Justice has raised many eyebrows, particularly because it was done without consulting plaintiffs’ counsel or the Plaintiffs’ Leadership Committee. [read post]
8 Sep 2023, 5:31 pm
" Plaintiff files a writ and the Court of Appeal reverses. [read post]
8 Sep 2023, 5:28 pm
Employees, including prospective ones, have a monetary incentive (in addition to the plaintiff’s attorneys who are now entitle to fees if they prevail) to contest any contract that infringes on section 16600. [read post]
8 Sep 2023, 12:37 pm
Circuit’s ruling. [read post]
8 Sep 2023, 12:31 pm
The Appeal and Its Repercussions The City of New York challenged the jury’s verdict, focusing on the notion that the plaintiffs did not log their pre- and post-shift activities, making it difficult for the city to be aware of such undertakings. [read post]
8 Sep 2023, 12:30 pm
" And it's "[c]lear as day" that the gov't can't keep someone in prison without legal authority, so no qualified immunity for the prison supervisors who were deliberately indifferent to this plaintiff's wrongful 60-day overdetention. [read post]
8 Sep 2023, 11:59 am
It's beyond rewarding to know that with a mission-driven dedication, we have been able to bring about the financial resources to help opioid-addiction-ravaged communities through settlements with the corporations who caused this crisis. [read post]
