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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]
10 Sep 2021, 7:00 am
" 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
" 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]
21 Nov 2012, 11:05 am
It reviewed Plaintiff's medical certifications and eventually confronted Plaintiff on October 8. [read post]
16 Jul 2012, 10:01 am
The court granted defendants' motion to strike plaintiff's preliminary infringement contentions. [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]
26 Sep 2024, 4:00 am
Plaintiff’s duties are not as intertwined with religious doctrine. [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]
4 Sep 2013, 8:06 am
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]
Plaintiffs Push For Preliminary Approval Of $550 Million Settlement In Facebook Privacy Class Action
14 May 2020, 5:03 am
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]
10 Jul 2011, 12:17 pm
The plaintiff owned several original documents written by Albert Einstein; the plaintiff's father & Einstein were friends. [read post]
22 Mar 2015, 3:49 pm
According to plaintiff’s 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
Moreover, the defense produced a report from the Plaintiff’s doctor indicating that the Plaintiff’s alleged trauma was related to the injuries sustained during the Plaintiff's more recent incident. [read post]
11 Feb 2008, 10:10 pm
Former plaintiff's class action securities lawyer Bill Lerach was sentenced yesterday to two years in prison, fined $250,000 and ordered to complete 1,000 hours of community service (Peter Lattman's W$J interview of Lerach is here and more W$J coverage of blawgosphere reaction is here). [read post]
17 Jun 2024, 11:25 am
She contends that these documents are not factually related to Michael Carey's death and that plaintiff's only motive in seeking to file them is to embarrass her. [read post]
11 Nov 2009, 9:52 pm
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]
20 Sep 2018, 10:01 pm
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]
8 May 2009, 5:41 am
It's more plaintiff-friendly than prevails elsewhere, which investor lawyers hope will let them get around the Supreme Court's Stoneridge precedent in an aiding-and-abetting case against major law firms over the financial woes of Sunwest, a developer of assisted living centers.... [read post]
20 Nov 2006, 1:27 pm
The Plaintiff is represented... [read post]
