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26 May 2023, 12:30 am
Fifth Circuit: The allegation that officers shot first and without provocation gets plaintiffs' excessive force claim past qualified immunity. [read post]
25 May 2023, 2:37 pm
Next it's up the City Council to decide whether to ratify it.Here's the gist of the plaintiffs' lawyer's side of what's happened:[T]he City has agreed to:Prioritize removal of campsites that obstruct “sidewalks” that are defined as the portion of sidewalks that are intended for pedestrian travel, normally 6 to 8 feet in width or, for a sidewalk less than 6-8 feet in width, the entire sidewalk, as referenced in the PBOT… [read post]
25 May 2023, 1:19 pm
During the contract’s term, five of Plaintiff’s properties were allegedly damaged by hail on April 17, 2019. [read post]
25 May 2023, 12:34 pm
However, the court sustained the plaintiffs’ Section 10(b) claims against the Romeo Power’s CEO and CFO. [read post]
25 May 2023, 11:56 am
When a "purely legal" issue is resolved at the summary judgment stage, it is preserved for appellate review without a Rule 50 motion, the court said.See Law.com's ‘Empty Exercise’: Justices Back Appellate Review of Legal Issues Not Relitigated Post Trial -- Just going through the (Post-Trial) motions would be a waste of time, the Supreme Court says.In other FedApp news, see Appeals Court Gives Clarity on Voluntary Dismissals, but Inconsistency… [read post]
25 May 2023, 11:45 am
Under Maryland law, most medical malpractice lawsuits require a certificate of a qualified expert stating that they have looked at the plaintiff’s claim and find that they have a valid argument that the doctor in the case did indeed make mistakes. [read post]
25 May 2023, 11:30 am
The “eggshell plaintiff rule” holds that defendants must take plaintiffs as they find them, preexisting conditions and all. [read post]
25 May 2023, 11:19 am
S. 691, 703 (1881). [read post]
25 May 2023, 10:49 am
The alleged infringement occurred over 3 years ago, but it’s not apparent when the plaintiff discovered the infringement. [read post]
25 May 2023, 10:14 am
" In Sealed Plaintiff v. [read post]
25 May 2023, 9:00 am
The statute of limitations can be tolled for various reasons, and plaintiffs might get more time to file. [read post]
25 May 2023, 8:32 am
Indeed, the court observed, “nearly every defense concerns the claim’s merits,” and the purpose of the similarly situated analysis is to determine whether the merits of the putative collective’s claims are similar to the merits of the plaintiff’s claims. [read post]
25 May 2023, 6:00 am
" Accordingly, said the Court, Respondents had a rational basis for denying Plaintiff's application, and for concluding that the colleague's affidavit was not persuasive, in light of the other contrary evidence, including overtime slips signed by Plaintiff indicating that she worked at IAB and/or command and control during the relevant period.Click HERE to access the decision of the Court of Appeals posted on the Internet. [read post]
25 May 2023, 6:00 am
" Accordingly, said the Court, Respondents had a rational basis for denying Plaintiff's application, and for concluding that the colleague's affidavit was not persuasive, in light of the other contrary evidence, including overtime slips signed by Plaintiff indicating that she worked at IAB and/or command and control during the relevant period.Click HERE to access the decision of the Court of Appeals posted on the Internet. [read post]
25 May 2023, 5:31 am
Knowingly allowing and supporting ISIS’s use of these services constituted aiding and abetting, the plaintiffs alleged. [read post]
25 May 2023, 5:23 am
The Plaintiff’s overall medical bills were noted to be in excess of $26,000.00. [read post]
25 May 2023, 4:45 am
Therefore, the plaintiff’s email didn’t trigger the defendant’s obligation to notify her of her eligibility, rights, and responsibilities under the FMLA. [read post]
25 May 2023, 4:10 am
Sangervasi’s patch and flag designs.The court, rejecting plaintiff's free exercise, free speech and equal protection claims, held:Mr. [read post]
25 May 2023, 4:05 am
The amendment requires Plaintiffs Crown [College] and [University of] Northwestern to choose between maintaining their religious identities and receiving an otherwise available benefit for which they have been eligible for decades. [read post]
25 May 2023, 4:00 am
In some cases, mistakes in following procedure can harm a plaintiff’s cause of action even if the case otherwise may be successful on the merits. [read post]
