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11 Nov 2016, 4:00 am
Since the essential job requirements of the position of Executive Assistant included working knowledge in the maintenance and updating of all computers, servers, and wiring of the computer network, as well as experience in setting up Excel spreadsheets, Ms. [read post]
27 Mar 2011, 12:44 pm
The biggest challenge a plaintiff in a medical malpractice case usually faces is proving, on the balance of probabilities, that the defendant’s actions (or inaction) caused the plaintiff’s injuries. [read post]
6 Jul 2011, 4:22 pm
As a practical matter, a plaintiff injured by the driving employee can allege all such theories; however, does that remain true once the employer admits liability under respondeat superior? [read post]
23 Feb 2010, 7:01 am
Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court. [read post]
12 Sep 2018, 2:33 pm
To date, they are all still experiencing symptoms. [read post]
3 Oct 2009, 9:18 am
Thus, the general rules of CVC Sections 21200 and 21802(a) apply to this case and plaintiff was subject to all the Code provisions applicable to drivers of vehicles and was required to ride in the right half of the Frontage Road. [read post]
4 Mar 2023, 4:00 am
The worker is customarily engaged in an independently established trade, occupation, profession or business.In this case, the defendant company argues that the plaintiff is an independent contractor because they meet all three prongs of the ABC test. [read post]
3 May 2014, 10:44 am
Plaintiff appealed. [read post]
12 Sep 2023, 2:18 pm
I'm very grateful for all their help. [read post]
20 Sep 2013, 9:39 am
Aug. 2, 2013) In this trademark infringement case, Defendant sought to compel Plaintiff and its principal (a third-party defendant) to produce “passwords and user names to all online web sites related to the issues in this litigation” and to compel Plaintiff and its principal to “submit their computers to an exhaustive forensic examination. [read post]
11 Jan 2016, 7:00 am
In all of them, the service provider had contractual privity with its users and arguably obtained (or, at least, had the capacity to obtain) sufficient consent for the scanning. [read post]
7 Sep 2009, 4:22 am
Kosher Deluxe Restaurant, plaintiff fared no better. [read post]
22 Oct 2018, 3:21 am
But in terms of analyzing whether a particular government employee should be treated as a “public official” for purposes of asserting a defamation claim, appearances may make all the difference in whether a plaintiff will be required to show malice or merely negligence. [read post]
2 Nov 2021, 1:41 pm
Virtually all of these clients are Black or Hispanic. [read post]
26 Nov 2008, 11:21 pm
The Plaintiff’s injuries and their effect are summarized well at paragraph 14 of the judgment which I reproduce below: [14] The main complaints of the plaintiff are that she has suffered significant, ongoing, chronic and permanent left neck and shoulder pain, and continuing anxiety, all caused by… [read post]
15 Jul 2022, 9:39 am
Other evidence showed that, at the time plaintiff sought his downward modification of support obligations, plaintiff’s bank account totaled over $29,000, plaintiff’s wife’s bank account totaled approximately $59, plaintiff retained all of his retirement accounts in excess of $328,000 and plaintiff’s wife was also unemployed at the time. [read post]
28 Aug 2020, 9:48 am
In all those circumstances, the imputation pleaded, namely that the plaintiff has not merely been the subject of a referral, but also a result adverse to her, is reasonably capable of being conveyed. [read post]
30 Apr 2022, 2:11 pm
According to the district court, the Act preempts all claims related to related to prices, routes, and services and the plaintiffs’ claims fell into the purview of the Act because it related to pricing. [read post]
9 Sep 2008, 2:37 pm
State Farm is the granddaddy of Katrina litigation, or perhaps more accurately, the Mother of All (Insurance) Battles. [read post]
9 Sep 2008, 2:37 pm
State Farm is the granddaddy of Katrina litigation, or perhaps more accurately, the Mother of All (Insurance) Battles. [read post]
