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2 May 2023, 4:00 am
Rejecting plaintiff's free speech claim, the court concluded that the permit ordinance is content neutral, is narrowly tailored to serve a significant governmental interest, and that there are ample alternatives for plaintiff to communicate his message. [read post]
1 May 2024, 6:00 am
Feb. 7, 2024)Under the mootness rule, a stockholder plaintiff can be awarded attorneys’ fees when the plaintiff’s litigation efforts result in the defendants taking action that results in a corporate benefit. [read post]
22 Apr 2015, 12:46 pm
Therefore, the First Department reversed the lower court and granted partial summary judgment on liability in plaintiff's favor pursuant to Labor Law 240(1). [read post]
27 Mar 2014, 7:18 am
Defendant’s argument that Plaintiff inappropriately applies the entire market value is therefore not a search for a smaller physical unit or a request to exclude a follow-on sale, but a demand that Plaintiff show how much of its profit results from the patented features. [read post]
5 Dec 2021, 6:16 pm
In his November 23 opinion granting the board’s dismissal motion, Vice Chancellor Sam Glasscock said plaintiff made no pre-suit demand on Wayfair’s board to sue the directors for allegedly letting themselves be panicked into wasting corporate assets on a bargain-priced $535 million in convertible notes in a corporate insider-backed stock sale. [read post]
20 Jul 2022, 7:54 am
Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s denial of a plaintiff counsel’s motion for attorney’s fees, finding the firm’s prioritization of their interests over those of the class cut off any entitlement to attorney’s fees. [read post]
14 Jun 2017, 5:49 am
" As the Court of Appeals says, "It is the District Court’s ruling, not the defendant’s arguments in support of a motion to dismiss, that puts a plaintiff on notice of the complaint’s deficiencies. [read post]
18 Jul 2018, 7:14 am
" As these communications are specifically (Links to an external site.)Links to an external site.directed at plaintiff's colleagues, it is clear that if they are continued they are capable of injuring plaintiff's standing and reputation in her professional life. [read post]
30 Jun 2014, 9:42 am
We agree with the plaintiff’s first two claims and, accordingly, reverse the judgment of the trial court. [read post]
5 May 2021, 5:58 am
" What about plaintiff's clam that the Loesch punched him in the face when plaintiff was on the ground? [read post]
17 Feb 2023, 5:00 am
The court rejected the Plaintiff’s argument that punitive damages claims should generally be allowed to proceed into discovery. [read post]
4 Apr 2018, 3:00 am
The Plaintiff’s Complaint alleged that the laceration was caused by a jagged edge on the water slide. [read post]
16 Sep 2019, 10:32 am
The child had then used the zip line with his father’s assistance and under his father’s supervision. [read post]
19 Jan 2017, 4:00 am
The religious and social consequences of which Plaintiff complains flow not from any impropriety in Defendant's withholding a "Get", but from religious beliefs to which Plaintiff no less than Defendant subscribes. [read post]
16 Nov 2021, 5:00 am
The court noted that the Defendant’s request that the Plaintiff be prevented from making any evidentiary use of the allowed admissions in support of the Plaintiff’s punitive damages claims was not an appropriate consideration relative to the request for leave of court to amend a pleading under Rule 1033. [read post]
25 Aug 2023, 5:00 am
According to the Opinion, the Plaintiff-wife joined her husband’s existing automobile insurance policy a year after the couple’s marriage in 2004. [read post]
26 Dec 2016, 12:45 pm
The court rejected the Plaintiff’s claim. [read post]
26 Dec 2016, 12:45 pm
The court rejected the Plaintiff’s claim. [read post]
26 Dec 2016, 12:45 pm
The court rejected the Plaintiff’s claim. [read post]
2 Jun 2017, 8:21 am
The case required the court to determine if a plaintiff’s own negligence in causing their injuries is relevant when the plaintiff files a product liability claim against the vehicle’s manufacturer. [read post]