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9 Mar 2012, 12:37 am
Practice point: To avoid dismissal for failing to timely serve the complaint after a demand has been made pursuant to CPLR 3012(b), and to be entitled to an extension of time to serve the complaint under CPLR 3012(d), a plaintiff must demonstrate both a reasonable excuse for the delay and a potentially meritorious cause of action.Student note: Plaintiff’s failure to provide an affidavit of merit from a person possessing personal knowledge of the facts underlying the… [read post]
15 May 2008, 2:22 pm
The plaintiff brought a motion to compel counsel for the insurer to re-attend for further cross examination on an Affidavit she swore in support of an Order compelling the plaintiff to attend three defence medical examinations. [read post]
17 Dec 2021, 1:50 pm
Most prominently, a recent Eleventh Circuit case so held as to a Muslim woman who alleged that she had been raped: "[C]ourts have often denied the protection of anonymity where plaintiffs allege sexual assault, even when revealing the plaintiff's identity may cause her to suffer some personal embarrassment[.] [read post]
18 Apr 2019, 7:11 am
Facts Regarding the Plaintiff’s Decedent’s Treatment Reportedly, the plaintiff’s decedent presented to the hospital when she was in labor. [read post]
22 Jan 2011, 3:51 pm
Appeal from an order striking the plaintiff’s claim. [read post]
11 Oct 2018, 1:56 pm
Super. 2009).Here, the court denied GEICO’s motion and granted the Plaintiff’s motion on the assumption of risk issue. [read post]
1 May 2011, 8:25 am
The court has examined plaintiff’s written statement, as cited by defendants, and finds that the citation offered by defendants quotes only a portion of plaintiff’s statement. [read post]
15 Sep 2010, 8:39 am
" During a closing argument, the plaintiff's attorney may not ask the members of the jury to imagine themselves in the place of the plaintiff when deciding how much to award the plaintiff in damages. [read post]
23 Jul 2018, 9:43 am
Father claimed that he was entitled to immunity from the plaintiff’s lawsuit under the state’s recreational-use statute. [read post]
4 Feb 2019, 8:16 am
Further, the expert report linked the insufficient care to an increase in the progression of the plaintiff’s intracranial hemorrhage. [read post]
18 Oct 2018, 7:46 am
The court agreed with the city and dismissed the plaintiff’s claim. [read post]
4 Jan 2012, 7:09 am
It is appreciated that the diagnosis of the plaintiff’s symptoms differs as between these medical professionals. [read post]
9 Jun 2014, 6:00 am
(By Order without Opinion, court denied UIM carrier’s motion to sever Plaintiff’s negligence and UIM claims.) [read post]
17 Dec 2010, 7:21 am
One day before plaintiff's forensic expert was supposed to review the hard drive, plaintiff was informed that the drive had been erased. [read post]
27 Jan 2010, 1:43 pm
Got that, plaintiffs? [read post]
18 Aug 2016, 8:49 am
Moreover, the court’s explanation reveals the far deeper flaw: copyright is for expression, but the characteristics plaintiff alleged were copied are—according to plaintiff herself—facts, and there is no protection for facts no matter how difficult they were to produce or live through. [read post]
18 Jul 2023, 4:45 am
And that’s where the plaintiff’s case unraveled. [read post]
21 Mar 2019, 8:39 am
After the plaintiff’s daughter died, the plaintiff helped the defendant with child-care, because the plaintiff worked. [read post]
11 Oct 2016, 5:58 pm
Sept. 30, 2016) In this case, the court granted Defendant’s motion to compel Plaintiff’s cooperation regarding search terms intended to identify responsive emails requested by the plaintiff. [read post]
11 Oct 2016, 5:58 pm
Sept. 30, 2016) In this case, the court granted Defendant’s motion to compel Plaintiff’s cooperation regarding search terms intended to identify responsive emails requested by the plaintiff. [read post]