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15 Aug 2023, 5:01 am
" The Court is sympathetic to Plaintiff's concerns and certainly does not wish him any undue risk of harm; however, the submissions he seeks to seal are his own submissions to the Court and the Court's proper response to them. [read post]
15 Aug 2023, 5:00 am
But, in response, the Queens County Civil Court judge opted to dismiss the case “with prejudice,” based upon the plaintiff’s inability to proceed.On its review, the Appellate Term, Second Department, noted that while adjournments are subject to the trail court’s discretion, the denial of a request may be subject to reversal when found to be “improvident. [read post]
15 Aug 2023, 4:59 am
The Court's companion Order can be viewed HERE.Source: “Digest of Recent Opinions. [read post]
15 Aug 2023, 4:37 am
In personal injury litigation, crucial legal questions arise regarding whom the plaintiff can seek compensation from, if anyone, and the underlying theory of liability. [read post]
15 Aug 2023, 4:00 am
However here plaintiff did not show that this was a pretext.Washington Examiner reports on the decision. [read post]
15 Aug 2023, 3:00 am
In plaintiff’s own allegation, the new claim is on ‘State Farm’s claims adjudication process. [read post]
15 Aug 2023, 2:59 am
In this case, Juliana and David Lonergan, appealed an order of the Superior Court affirming a decision by the Town of Sanbornton’s Zoning Board of Adjustment (“ZBA”) to approve a special exception for an excavation site for property owned by the intervenor, R.D. [read post]
14 Aug 2023, 11:00 pm
FAILED TO CHALLENGE COURT’S MERITS-BASED DETERMINATIONAfter losing an adverse possession claim, L.M.D appealed to the Appellate Division, Second Department.Apparently, the Queens County Supreme Court decided the case based on the following three grounds:“(1) that the cause of action is barred by res judicata, (2) that the cause of action is barred by collateral estoppel, and (3) that, on the merits, the defendants established, prima facie, the absence of certain required… [read post]
14 Aug 2023, 9:10 pm
Here’s Kevin LaCroix’s reminder: Securities class action plaintiff’s counsel routinely scour corporate expressions of purpose, of conduct, or of ethics, to try to find statements that are contrary to subsequent corporate conduct, in order to try to support allegations that the statements misled investors. [read post]
14 Aug 2023, 9:01 pm
Supreme Court’s rulings in Roe v. [read post]
14 Aug 2023, 7:19 pm
The dynamic between a plaintiff’s flexibility and an insurer’s willingness to max out the policy often determines the trajectory of these negotiations. [read post]
14 Aug 2023, 6:47 pm
The answer will refute portions of the plaintiff’s story, object to certain characterizations, rebut the plaintiff’s legal reasoning, and provide counterarguments against the defendant’s liability as well as the extent of damages claimed. [read post]
14 Aug 2023, 6:39 pm
Plaintiff credibility and testimony As the alleged victim, the plaintiff’s own consistent accounts of lawful driving, supported by honesty under cross-examination, help reinforce lack of fault when aligned with other evidence. [read post]
14 Aug 2023, 6:29 pm
In particular, the court found that the district court’s opinion misapplied the Supreme Court’s framework to the plaintiffs’ inflation-maintenance theory. [read post]
14 Aug 2023, 6:16 pm
Firsthand lay witnesses offer corroborating accounts of visible effects on the plaintiff’s well-being, personality, relationships, and more after the trauma occurred. [read post]
14 Aug 2023, 6:06 pm
Alabama’s Laws on Victim Fault: Alabama follows a “pure contributory negligence” rule completely barring any recovery if the plaintiff bears even slight responsibility for causing the collision leading to their injuries. [read post]
14 Aug 2023, 5:37 pm
In a slip and fall case, a plaintiff must typically show that the defendant had a duty to maintain the property in a safe condition, that the defendant breached this duty by allowing a hazardous condition to exist, that the plaintiff was injured as a result of this breach, and that the defendant’s breach was the proximate cause of the plaintiff’s injuries. [read post]
14 Aug 2023, 4:34 pm
According to the court: The MEPA Limitation is unconstitutionally contributing to the depletion and degradation of Montana’s environment and natural resources and contributing to Plaintiffs’ injuries. [read post]
14 Aug 2023, 2:21 pm
Defendants’ Motion for Reconsideration: View Fullscreen Plaintiff’s Motion for Reconsideration: View Fullscreen The post Court to Revisit Fair Use in Tattoo Infringement Case appeared first on Copyright Lately. [read post]
14 Aug 2023, 12:59 pm
Enlarge / Youth plaintiffs are greeted by supporters as they arrive for the nation's first youth climate change trial at Montana's First Judicial District Court on June 12, 2023. [read post]
