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4 Aug 2014, 4:00 am by The Public Employment Law Press
Showing a non-retaliatory purpose for its actions and the absence of evidence that the employer’s explanation was “mere pretext” defeats employees’ Title VII complaint USCA, 2nd Circuit, Docket 12-1526A complaint filed against the Onondaga County Sheriff’s Department pursuant to Title VII of the Civil Rights Act [42 U.S.C. 2000e-3] alleged the plaintiffs had suffered retaliation as the result of their filing a complaint with EEOC.The… [read post]
3 Sep 2012, 4:10 am by Howard Friedman
" The court also dismissed without prejudice plaintiff's claim that he was discriminated against in violation of state law because he failed to allege that he had filed a complaint with the state's Commission on Human Relations. [read post]
4 Sep 2013, 8:06 am by Seyfarth Shaw LLP
After the Second Circuit’s decision, the Plaintiff-Intervenors filed requesting Judge Garaufis award them interim attorneys’ fees and costs given that the relief they sought was largely upheld. [read post]
14 May 2020, 5:03 am by Seyfarth Shaw LLP
  Following Facebook’s appeal, the Ninth Circuit affirmed the denial of the motion to dismiss and affirmed the grant of plaintiffs’ motion for class certification. [read post]
28 Aug 2023, 5:30 am by Public Employment Law Press
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 by Public Employment Law Press
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]
10 Sep 2021, 7:00 am by Public Employment Law Press
" As to the Custodian's objection to Supreme Court's awarding Plaintiffs attorney's fees, arguing that "they did not 'substantially' prevail within the meaning of FOIL's fee-shifting provision," the Appellate Division opined that Plaintiffs "received a complete response to their requests only after commencing the instant proceeding," and saw no reason "to disturb Supreme… [read post]
10 Sep 2021, 7:00 am by Public Employment Law Press
" As to the Custodian's objection to Supreme Court's awarding Plaintiffs attorney's fees, arguing that "they did not 'substantially' prevail within the meaning of FOIL's fee-shifting provision," the Appellate Division opined that Plaintiffs "received a complete response to their requests only after commencing the instant proceeding," and saw no reason "to disturb Supreme… [read post]
29 Aug 2022, 5:00 am
  The court agreed and found that this evidence could lead a reasonable jury to conclude that the Defendant had notice of the condition prior to the Plaintiff's fall and failed to remedy it. [read post]
22 Mar 2015, 3:49 pm
According to plaintiffs deposition testimony, it was her lawyer who referred her to a chiropractor, whom plaintiff first visited 10 days after the accident. [read post]
27 Dec 2018, 5:00 am by Daniel E. Cummins
  Moreover, the defense produced a report from the Plaintiffs doctor indicating that the Plaintiffs alleged trauma was related to the injuries sustained during the Plaintiff's more recent incident. [read post]
9 Apr 2008, 4:16 am
Mar. 3, 2008) (Shadur, J.).Judge Shadur dismissed plaintiff's trade secret misappropriation case with prejudice because of plaintiff's litigation misconduct. [read post]
20 Sep 2018, 10:01 pm by Doug Austin
Sept. 13, 2018), District of Columbia District Judge Colleen Kollar-Kotelly granted the Plaintiffs’ Motion for an Extension of Fact Discovery Deadlines (over the defendants’ objections) for six months, finding that defendant “United’s production of core documents that varied greatly from the control set in terms of the applicable standards for recall and precision...Read the whole entry... [read post]
9 Feb 2012, 10:50 am by Steve Bainbridge
Delaware courts more rigorous than most in policing plaintiff lawyers bringing suits not in the best interests of the corporation or its shareholders as a whole. [read post]
11 Nov 2009, 9:52 pm by Shemia Fagan
A corporation's citizenship is defined as its "principal place of business," and if a corporate defendant's principal place of business is in the state where plaintiff is a citizen, federal court may be unavailable as a forum. [read post]