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9 Aug 2023, 6:00 am
The employer argued that even if the employee was found to have been terminated without cause: “(1) the common law notice entitlements on termination are an individualized assessment based on the plaintiff’s individualized Bardal factors; and (2) what the defendant may have unilaterally offered to other terminated employees is irrelevant to the assessment of the plaintiff’s rights based on the Bardal factors. [read post]
9 Aug 2023, 6:00 am
To establish negligence, it must be shown that a duty of care existed, there was a breach of that duty, the breach was the actual and proximate cause of the plaintiff’s injury, and the plaintiff suffered damages. [read post]
9 Aug 2023, 5:44 am
” “Here, the defendant established, prima facie, that he was not a proximate cause of the plaintiff’s alleged damages (see Richmond Holdings, LLC v David S. [read post]
9 Aug 2023, 5:00 am
In his dissenting Opinion, Judge Correale Stevens stated that the majority’s holding went too far. [read post]
FSIA Precludes Suit Against Hungary for Property Confiscated from Its Jewish Population In Holocaust
9 Aug 2023, 4:10 am
The plaintiffs invoke the Foreign Sovereign Immunities Act’s expropriation exception as a means to pierce the Hungarian state’s sovereign immunity and assert jurisdiction in federal district court. [read post]
9 Aug 2023, 3:00 am
Co., No. 20-3388, [Plaintiff’s Reply Memorandum in Support of its Motion for Summary Judgment, Doc. 54] (D. [read post]
9 Aug 2023, 12:15 am
For example, plaintiffs' attorneys may [mis]interpret a statement that a company's employees "do not" engage in improper activities as an affirmation of fact. [read post]
8 Aug 2023, 9:01 pm
While legal scrutiny over corporate DEI initiatives is likely to continue to increase, along with claims of reverse discrimination, the burden of proof borne by plaintiffs has not changed. [read post]
8 Aug 2023, 8:11 pm
[The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.] [read post]
8 Aug 2023, 1:47 pm
The Fifth Circuit agreed with Copart’s challenge. [read post]
8 Aug 2023, 1:43 pm
Further, a wrongdoer may not escape responsibility for his negligent acts by pointing to the plaintiff’s receipt of funds that the wrongdoer didn’t provide. [read post]
8 Aug 2023, 1:30 pm
In November 2022, the plaintiffs filed a separate federal lawsuit alleging, among other claims, that the school district violated the US Constitution’s Fourteenth Amendment’s guarantee of parental rights and First Amendment’s free exercise right. [read post]
8 Aug 2023, 1:10 pm
The plaintiffs, seeking $6 billion in damages, argue the NFL’s business arrangement with DirecTV has artificially inflated the price of Sunday Ticket, which provides out-of-market Sunday afternoon games that are not otherwise available for free on certain national broadcasters. [read post]
8 Aug 2023, 12:37 pm
Jackson Women’s Health Organization, which overturned Roe v. [read post]
8 Aug 2023, 11:45 am
” The court found it was plausible that the label implied that it was specifically designed/formulated for the face, not just suitable for the face—that’s a factual issue. [read post]
8 Aug 2023, 11:17 am
On July 31, 2023, in response to the parties' cross-motions for summary judgment, the Court issued an Order finding that USCIS's tolling provisions violate 8 U.S.C. [read post]
8 Aug 2023, 11:02 am
” Ultimately Judge Highberger awarded the plaintiffs more than $450,00 in restitution, and the case isn’t over yet. [read post]
8 Aug 2023, 10:27 am
Because just one judge can invalidate an agency’s actions, she observed, it encourages plaintiffs to seek out judges who might give them a favorable ruling. [read post]
8 Aug 2023, 9:37 am
DoD denied the plaintiff’s claim after an investigation, stating it found the applicable standard of care was met. [read post]
8 Aug 2023, 9:00 am
Fortunately, our personal injury attorneys are prepared to help plaintiffs fight for the maximum amount of damages available in their cases. [read post]