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28 Aug 2023, 8:35 am
On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. [read post]
28 Aug 2023, 8:16 am
Distinguishing the Coppertone label from cases cited by the defendant, the Court stated: “…the word “FACE” is prominently displayed front and center and plaintiff’s claimed interpretation [that the product is specially formulated for facial use] is plausible based on particularized facts alleged, and is thus sufficient to survive a motion to dismiss. [read post]
28 Aug 2023, 6:35 am
Accordingly, defendant H&K’s request to dismiss based upon the absence of an attorney-client privilege with plaintiff individually is denied. [read post]
28 Aug 2023, 6:30 am
While Delaware courts have found control potentially to exist at levels well below 50% ownership, proving control in those circumstances requires the plaintiff to demonstrate that the alleged controller has actually dominated the company’s conduct, either generally or with respect to the particular transaction being challenged. [read post]
28 Aug 2023, 6:30 am
While Delaware courts have found control potentially to exist at levels well below 50% ownership, proving control in those circumstances requires the plaintiff to demonstrate that the alleged controller has actually dominated the company’s conduct, either generally or with respect to the particular transaction being challenged. [read post]
28 Aug 2023, 6:21 am
And it did not provide evidence that “the plaintiff's particular background and experience was such that he appreciated the consequences of standing where he did during the warmup period for the college lacrosse game. [read post]
28 Aug 2023, 5:30 am
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit… [read post]
28 Aug 2023, 5:30 am
Supreme Court denied Westbury's motion and Westbury appealed the court's ruling.Citing Shah v Exxis, Inc., 138 AD3d 970, the Appellate Division explained that "[on] a motion pursuant to CPLR §3211(a)(7) to dismiss [an action] for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit… [read post]
28 Aug 2023, 5:00 am
.), the court struck a Plaintiff’s claim for punitive damages in a dog bite but allowed the Plaintiff the right to amend. [read post]
28 Aug 2023, 2:50 am
In fact, one of the plaintiffs said she was sent almost daily emails from J. [read post]
27 Aug 2023, 7:05 pm
“Qualified Immunity Faces an Existential Threat at the Supreme Court; A judicial doctrine that has denied justice to an untold number of plaintiffs may be founded on a centuries-old scrivener’s error”: Matt Ford of The New Republic has this report. [read post]
27 Aug 2023, 4:39 pm
Let’s take a look at some of these arguments’ actual facts. [read post]
27 Aug 2023, 3:56 pm
For the Georgia case’s purposes, the most relevant is Supremacy Clause immunity. [read post]
27 Aug 2023, 2:06 pm
” ...When a statute subjects a group of people to unequal treatment based upon their religious beliefs, the fact that the statute may allow discrimination against other religious groups does not negate a disfavored group’s standing to challenge the statute....The court also concluded that six other Tennessee taxpayers who were co-plaintiffs have taxpayer standing to sue. [read post]
27 Aug 2023, 10:53 am
In Arwood, “Plaintiff filed a claim against Decedent’s probate estate, claiming that the real property, funds in the bank, and other assets in Decedent’s name, were his sole property, and that title to the same had been placed in Decedent’s name for his convenience. [read post]
27 Aug 2023, 9:47 am
Having established Rakuten’s liability, the judges assessed the damages owed to the plaintiff and found an amount of EUR 6,675.00 appropriate. [read post]
27 Aug 2023, 9:07 am
The ACLU of Texas represents the plaintiffs. [read post]
27 Aug 2023, 8:41 am
I hope the Supreme Court takes the entire appeals despite the Solicitor General’s position. [read post]
27 Aug 2023, 8:21 am
Now, a plaintiff shareholder has filed a securities lawsuit against the company. [read post]
27 Aug 2023, 4:07 am
Plaintiffs, framing the case as one of first impression, ask the Court to, inter alia, void their sorority sister’s admission, find that KKG’s President violated her fiduciary obligations by betraying KKG’s bylaws, and prevent other transgender women from joining KKG nationwide. [read post]
