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12 Oct 2016, 10:10 am
 All for naught.Sometimes a win is, in the end, actually a loss. [read post]
16 Sep 2014, 5:30 am by Daniel E. Cummins
   According to the Opinion, the Plaintiff picked up a trailer from the Defendant’s distribution center and delivered goods to Philadelphia before returning to the Harrisburg area, all under snowstorm conditions. [read post]
5 Jun 2013, 9:33 am by Seyfarth Shaw LLP
Culinart, Inc., [here] a Sous Chef originally sought to represent a class of all food services employees, not just fellow Sous Chefs, that Culinart employed across 200 locations. [read post]
20 Jun 2018, 5:00 am by Daniel E. Cummins
   In her Order, the judge required that the defense provide the Plaintiff with the information regarding the current and former employees of the witnesses along with the notes of the interviews and all written communications. [read post]
13 Apr 2015, 7:24 am by Docket Navigator
While the e-reader device and the content displayed on it were coupled, that is not true for [defendant's] middleware; here, all applications and databases work with [defendant's] middleware, whether or not they are manufactured by [defendant]. [read post]
12 Jan 2020, 11:00 pm by Daniel E. Cummins, Esq.
WilliamsonMonroe CountyJudge Williamson cited to Pennsylvania law that confirmed that property owners were not required to keep the premises completely free of snow and ice at all times. [read post]
16 Nov 2017, 6:14 am by Second Circuit Civil Rights Blog
And if all else fails, the police officers are immune from suit if the court finds the arrest was objectively reasonable, even if was a bad arrest in hindsight.The case is Iocovello v. [read post]
5 Aug 2014, 3:06 am by John Day
(Davis) -        Where the plaintiff fails to file a certificate of good faith at all. [read post]
22 Jun 2022, 6:27 am by Second Circuit Civil Rights Blog
Maybe discovery will shed light on that issue, but not pre-discovery when all we have is the complaint. [read post]
1 May 2015, 8:30 pm
Expert witness testimony is necessary when a party must present evidence outside a juror’s common knowledge, which applies to nearly all (IP) cases. [read post]
10 Jul 2014, 3:00 am by ADeStefano
  The defendant-insurer replied in two parts: first, it reserved all rights and coverage defenses, including that of late notice, and second, the defendant requested additional information about the MGPs. [read post]
1 Dec 2023, 6:50 am by Second Circuit Civil Rights Blog
Iqbal, the landmark Supreme Court ruling from 2009 that now guides all motions to dismiss under Rule 12. [read post]
28 Aug 2014, 6:00 am by Daniel E. Cummins
"  Op. at p. 10.Here, the evidence presented by the Plaintiff on the head, thumb, and knee injuries were found by the court not to have been rebutted by the defense through a cross-examination of the Plaintiff's medical expert or otherwise. [read post]
11 Jan 2013, 8:28 am
As always, the reversal of summary judgment does not mean a victory for the plaintiff. [read post]
30 Dec 2012, 10:39 am
Essentially, it requires that anyone who files an asbestos or mesothelioma claim will have to at that time list all similar claims listed by them or on their behalf. [read post]