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12 Jul 2019, 10:26 am by Gabrielle Wirth
Aya Healthcare Services, Inc. the Court of Appeal upheld summary judgment in favor of the former employee defendants and their new employer. [read post]
2 Nov 2007, 5:18 am
"We recognize Wachovia's public policy arguments, including their argument that, if the statute of limitations is to accrue upon the breach of a duty, a plaintiff in a legal malpractice action would be forced to take competing positions while defending the underlying claim and prosecuting their own legal malpractice action premised on that underlying claim," Judge John T. [read post]
20 Jun 2011, 9:40 am by Nathan Koppel
Defendants would be well served to resist class actions on the ground that commonality was not satisfied, especially for adventurous, sweeping class action lawsuits, which too often have stretched the definition of what class actions were intended to accomplish,” Parasharami said. [read post]
12 Jul 2019, 10:26 am by Gabrielle Wirth
Aya Healthcare Services, Inc. the Court of Appeal upheld summary judgment in favor of the former employee defendants and their new employer. [read post]
29 Apr 2021, 4:00 am by Public Employment Law Press
The fact that the individually named defendants were not DOE officers is irrelevant with respect to the issue of whether DOE is within the ambit of §3813(1) notice of claim requirement. [read post]
29 Apr 2021, 4:00 am by Public Employment Law Press
The fact that the individually named defendants were not DOE officers is irrelevant with respect to the issue of whether DOE is within the ambit of §3813(1) notice of claim requirement. [read post]
7 Sep 2016, 6:30 am by Second Circuit Civil Rights Blog
Nor does the complaint cite the specifics of their conduct. [read post]
17 Apr 2013, 10:56 am by Law Office of Ava George Stewart, P.C.
Finally, the government’s general interest in combating drunk driving does not justify departing from the warrant requirement without showing exigent circumstances that make securing a warrant impractical in a particular case.This case now puts the government on notice that the default will be to obtain a warrant prior to drawing blood and if that does not occur, the government better be prepared to defend why it was not able to obtain a warrant prior to the blood… [read post]
29 May 2012, 9:39 am by Jason Shinn
  But fortunately for companies, an employee's nightmare does not always create a cause of action for a hostile work environment claim. [read post]
18 Aug 2010, 1:42 pm
  The Court of Appeal held that the genuine dispute doctrine does not apply in all bad faith insurance contexts. [read post]
25 Sep 2012, 10:08 am
The Ninth Circuit held that merely because the statistical methodology chosen — and disclosed — by the defendant may not have been the best or most acceptable methodology, use of such an allegedly less-than-optimal methodology does not render statements about the results of the methodology false or misleading for purposes of stating a claim. [read post]
16 Jan 2024, 11:33 pm by Carol Holness (ZA)
Wrongful arrest does not require a party to prove that prosecution was instigated by the defendant and, similarly, malicious prosecution does not require a party to prove detention. [read post]
28 Nov 2006, 3:01 am
NYCL will monitor this case to see what the Appellate Division, Fourth Department does with this decision on appeal. [read post]
18 Jun 2013, 7:10 pm by Stephen Bilkis
While mere presence at the scene of a crime with knowledge of its perpetration does not render the observer accessorily liable, the defendant's actions, under the totality of the circumstances, were clearly designed to effectuate the commission of the crime. [read post]
20 Feb 2015, 7:44 am by Andrew Frisch
With respect to any presentation of information, including any views or opinions, to any “putative class members” by the Defendants—whether acting through management, counsel, other employees, or any other agent of any kind—that relates to the allegations and claims in this action, whether for the purpose of gathering information in a one-on-one or group basis to defend this action or to address any employee complaints regarding past, current or future… [read post]
30 Oct 2012, 4:49 am by Andrew Frisch
After rejecting the defendant’s attempt o distinguish Prickett and Fengler, the court reasoned: In the instant case, T–Mobile’s proposed consent form compels opt-in plaintiffs to make a decision that the FLSA does not mandate, that is, it requires them to select the specific claims they wish to assert. [read post]
18 Jun 2009, 7:27 am
”   This means that the defendant company is not made aware of the filing, and the case does not appear on the court’s publicly available docket (which is essentially the court’s index of all the cases pending before it). [read post]