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12 Sep 2007, 9:14 am
The court correctly found that New Jersey's 11th Amendment immunity barred plaintiff's suit and declined to exercise supplemental jurisdiction over his remaining state law negligence claim. [read post]
17 Feb 2011, 6:10 pm by Steven G. Pearl
Slip op. at 3-4.The Court followed Marlo's reasoning and held that Section 226.7 allows for recovery of two hours of pay per day. [read post]
4 May 2014, 12:46 pm
Plaintiff's head injuries required surgery to remove the contused part of his brain and a portion of his skull to reduce pressure. [read post]
4 May 2014, 12:46 pm
Plaintiff's head injuries required surgery to remove the contused part of his brain and a portion of his skull to reduce pressure. [read post]
25 Jun 2009, 11:11 pm
There was no medical causation either, because the plaintiff's expert had been thrown out, and his treaters doubted that the drug caused plaintiff's diabetes. [read post]
28 Jan 2011, 7:34 am by David J. Clark
(which eventually sold assets of the ophthalmology practice to plaintiffs) pursuant to a written contract that included a provision prohibiting Viola from competing with that entity’s business for two years after termination of Viola’s employment. [read post]
9 Dec 2009, 6:32 am
Frederick MotzHeld: Plaintiffs complaint against employment agency and former employer claiming that reporting the reason for the plaintiff's prior termination to a new employer violated the Fair Credit Reporting Act was sufficient to survive a motion to dismiss under Fed. [read post]
22 Apr 2015, 6:41 am by Second Circuit Civil Rights Blog
The Court of Appeals summarizes the plaintiff's work history: During the course of Wright’s employment, the City subjected him to official discipline on several occasions. [read post]
31 Mar 2022, 6:45 am by Second Circuit Civil Rights Blog
That defense works in this case because plaintiff's evidence on other time abusers is either hearsay or conclusory. [read post]
17 Sep 2020, 7:34 am by Second Circuit Civil Rights Blog
The Second Circuit (Raggi, Parker and Cabranes) notes that plaintiff's case was bolstered by the fact that the jail began treatment after plaintiff filed his complaint. [read post]
28 Aug 2020, 11:56 am by DeFrancisco & Falgiatano
Under New York law, a plaintiff alleging medical malpractice must prove that the defendant breached the community standard of care and that the breach caused the plaintiffs harm. [read post]
11 Jul 2012, 6:50 am
Plaintiff Nya Montanez's infant daughter, Yanely Gonzalez, was killed in a Florida car accident when a car driven by Jason Brown collided with the minivan Montanez was driving. [read post]
2 Mar 2008, 6:00 am
In Jury Psychology Can Undermine Plaintiffs' Expert Witnesses authors Neil Goldberg, John Freedenberg, Joseph Mooney, and Joseph Hanna write that cross examination of plaintiff's expert witness should be geared to thwart the emotional hijacking of jurors that plaintiffs endeavor to secure. [read post]
7 Sep 2012, 6:31 pm by BuckleySandler
Court of Appeals for the Second Circuit held that a plaintiff has class standing to assert the claims of purchasers of securities backed by mortgages originated by the same lenders that originated the mortgages backing the named plaintiffs securities, even when the securities were purchased from different trusts. [read post]
” Judge Schofield agreed that the Plaintiffs “confusion does not mean that their misperception is widespread and that the Deadline Provision, and the statutory scheme of it is a part, promote widespread voter disenfranchisement. [read post]
5 May 2010, 5:18 am by Rita Handrich
Instead of ‘if only’ reactions to the injuries, the plaintiff wants to elicit active anger at the defendant’s choices. [read post]
22 Sep 2012, 1:23 pm by ChristopherFEarley
Here are some basic deposition guidelines to consider if you are a plaintiff in a personal injury case: 1) Know the date, time and location of the accident; 2) Know where and when you sought medical treatment for your injuries; 3) Do not give flowery answers; keep your answers brief and only answer the question that is asked; 4) Do not get flustered or impatient with the defense attorney; stay calm, relaxed and confident; 5) Review your answers to interrogatories well in advance… [read post]
3 Oct 2018, 9:53 am by Mark Hartsoe
It also sought judgment on the pleadings on the plaintiffs strict liability claims based on their allegations of ultrahazardous or abnormally dangerous activity. [read post]