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5 Sep 2019, 3:07 am by The Law Offices of John Day, P.C.
” Because causation is “an essential element of any negligence action,” plaintiffs were required to show that “TSU’s negligence more likely than not caused [the son’s] death. [read post]
28 Aug 2023, 10:27 am by Earl Drott
Grounds for Reversing a Jury’s Verdict in a Car Accident Case On appeal, the court affirmed the judgment, except as modified to award costs to the plaintiff. [read post]
24 Jun 2024, 7:37 am by DeFrancisco & Falgiatano
If a jury rules against a plaintiff, the plaintiff can appeal if they believe that the jury’s verdict does not comport with the evidence. [read post]
6 Nov 2018, 10:26 am by Gregory Forman
” Generally, the time is when the Defendant has recently engaged in behaviors that weaken his or her position and the Plaintiffs requested relief is intended to exploit the Defendant’s weaknesses. [read post]
16 Aug 2021, 1:27 pm by Amanda Clark
Thus, in a dog bite case, the negligent actions of a plaintiff may reduce or end a plaintiffs claim in its entirety. [read post]
8 Jul 2011, 9:03 am by Stacia Lay
Plaintiff Jason Spooner sued a number of defendants for copyright infringement based on the alleged use of plaintiff's song in an advertisement. [read post]
5 Apr 2019, 6:58 am by Allan Blutstein
.) -- adopting magistrate’s recommendation to deny plaintiffs request for nearly $104,000 in attorney’s fees and costs in connection with request for assassination records concerning Adolf Hitler and Fidel Castro; rejecting plaintiffs argument that court should abandon D.C. [read post]
30 Jun 2020, 5:13 am by The Law Offices of John Day, P.C.
The HCLA requires that a plaintiffs pre-suit notice to defendants be accompanied by a HIPAA compliant authorization allowing defendants to obtain plaintiffs medical records. [read post]
1 Dec 2022, 11:52 am by Alan S. Kaplinsky and Michael Gordon
As previously set forth in their complaint, the plaintiffs claim that the manual update violates the APA and should be set for the following reasons: The update exceeds the CFPB’s UDAAP authority in the Dodd-Frank Act because such authority does not encompass discrimination.The update is “arbitrary and capricious” because the CFPB’s interpretation of “unfairness” contradicts the historical use and understanding of the term.The update… [read post]
22 Sep 2019, 4:09 pm by Public Employment Law Press
Notwithstanding Plaintiff's argument to the contrary, Supreme Court granted the Defendant's motion "for failure to state a cause of action" and Plaintiff appealed. [read post]
4 Oct 2019, 4:00 am by Public Employment Law Press
 Notwithstanding Plaintiff's argument to the contrary, Supreme Court granted the Defendant's motion "for failure to state a cause of action" and Plaintiff appealed.The Appellate Division explained that [1] the terms of the release contained in the settlement agreement clearly and unambiguously encompass Plaintiff's action and [2] Plaintiff failed to allege any unlawful or wrongful threat by the Employer that… [read post]
4 Oct 2019, 4:00 am by Public Employment Law Press
 Notwithstanding Plaintiff's argument to the contrary, Supreme Court granted the Defendant's motion "for failure to state a cause of action" and Plaintiff appealed.The Appellate Division explained that [1] the terms of the release contained in the settlement agreement clearly and unambiguously encompass Plaintiff's action and [2] Plaintiff failed to allege any unlawful or wrongful threat by the Employer that… [read post]
17 Oct 2019, 4:00 am by Public Employment Law Press
During the course of Plaintiff's disciplinary hearing Plaintiff, represented by counsel, entered into a settlement agreement with the appointing authority [Employer] acting "on its own behalf and on behalf of its present and former ... employees. [read post]
17 Oct 2019, 4:00 am by Public Employment Law Press
During the course of Plaintiff's disciplinary hearing Plaintiff, represented by counsel, entered into a settlement agreement with the appointing authority [Employer] acting "on its own behalf and on behalf of its present and former ... employees. [read post]
22 Sep 2019, 4:09 pm by Public Employment Law Press
Notwithstanding Plaintiff's argument to the contrary, Supreme Court granted the Defendant's motion "for failure to state a cause of action" and Plaintiff appealed. [read post]
10 Jul 2012, 10:30 am by The Docket Navigator
The court granted plaintiff's emergency motion to maintain the status quo (i.e., preclude defendant from entering the market) pending plaintiff's appeal of the court's denial of its motion for a preliminary injunction. [read post]
22 Jul 2024, 12:34 pm by David Greene
Indeed, EFF’s landmark mass surveillance litigation, Jewel v NSA, was ultimately dismissed because the plaintiffs lacked standing to sue. [read post]