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27 Jan 2012, 4:24 am
" The court was not persuaded by the plaintiff's argument. [read post]
31 Jul 2024, 1:57 pm
The Court also authorized Plaintiffs to send a Notice to all the loan officers who are part of the FLSA collective informing them of the lawsuit and their right to join the lawsuit. [read post]
4 Jan 2022, 1:34 pm
The Plaintiffs argue that the equities weigh in their favor because granting a stay would benefit the Court and all parties by avoiding potentially unnecessary litigation costs. [read post]
5 Sep 2007, 12:56 am
Jul 31 , 2007) (NO. 06 CIV 13761 CM KNF):Although PSLRA permits the appointment of a group of persons as lead plaintiff, courts within the Second Circuit are divided over whether unrelated plaintiffs may join together, aggregate their claims and compete, within the context of the rebuttable presumption, for the designation of lead plaintiff. [read post]
5 Sep 2007, 4:58 am
Jul 31 , 2007) (NO. 06 CIV 13761 CM KNF):Although PSLRA permits the appointment of a group of persons as lead plaintiff, courts within the Second Circuit are divided over whether unrelated plaintiffs may join together, aggregate their claims and compete, within the context of the rebuttable presumption, for the designation of lead plaintiff. [read post]
6 Sep 2017, 12:10 pm
The defendants asserted the waiver and release signed by the plaintiff barred all of his causes of action. [read post]
18 Aug 2011, 6:58 am
Request for Production of Documents In XYZ's motion on page 2, line 11, they state plaintiffs did not respond at all (as to production of documents, then on line 12-14, state plaintiffs produced some documents (despite not responding to the document requests themselves), their production is obviously deficient. [read post]
30 Aug 2011, 6:07 am
Plaintiffs are under the belief that defendants are not willing to accept the amount that plaintiffs are requesting to settle this lawsuit for two reasons: One they want to establish that the plaintiffs damages are over $75,000 per recent Request for Admissions, in order that they may return to federal court, now that all state defendants have been dismissed. [read post]
11 Dec 2007, 7:54 am
That's all evidence that the plaintiff must present in his or her case-in-chief.The learned intermediary doctrine is just that -- a doctrine, not an affirmative defense. [read post]
14 Apr 2017, 5:23 pm
Four years later, the original beneficiary executed a second assignment, transferring all beneficial interest to the bank under the deed of trust. [read post]
7 Nov 2011, 8:23 am
This category covers defendants who meet all of the following: 1) significant relief is being sought from that defendant, 2) the defendant’s conduct forms a significant basis for the claims, 3) it is a citizen of the originally-filed state, and 4) the principal injuries the plaintiffs suffered happened in the originally-filed state. [read post]
21 Apr 2009, 7:19 am
In fact, in all the cases cited by Justice Saitta in his decision in this case, Sukup damages were ultimately denied based on the courts' findings that each of the insurers' coverage denials was based on an "arguable difference of opinion". [read post]
21 Aug 2011, 6:00 am
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this insurance bad faith lawsuit and its proceedings.) [read post]
19 Sep 2019, 4:00 am
Here the "local civil service commission" had adopted personnel rules similar to those set out in 4 NYCRR 1.1 et seq. which applied to all positions in the classified service of the county and all civil divisions "which are or may hereafter be under the jurisdiction" of the local commission.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_06601.htm [read post]
6 Feb 2013, 11:27 am
This decision also puts the onus on plaintiffs seeking certification of large classes based on a “representative” sample to provide evidence that the claims and damages of all class members can be readily ascertained from the sampling in order to satisfy Rule 23’s commonality standard. [read post]
22 Jul 2014, 11:50 am
That doesn’t solve all of the problems, but it’s a start. [read post]
19 Sep 2019, 4:00 am
Here the "local civil service commission" had adopted personnel rules similar to those set out in 4 NYCRR 1.1 et seq. which applied to all positions in the classified service of the county and all civil divisions "which are or may hereafter be under the jurisdiction" of the local commission.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_06601.htm [read post]
2 May 2013, 9:28 am
The District Court dismissed the case as moot, because plaintiff had been offered all of what she sought for herself in the lawsuit. [read post]
21 Nov 2012, 5:00 am
" You'll like it - the plaintiff lost.As always our intrepid contributors deserve all the credit, and any blame, although there's not likely to be any this time around. [read post]
30 Aug 2021, 5:11 pm
This all comes up in the context of Voestalpine USA Corp and Bilstein Cold Rolled Steel LP v. [read post]
