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6 Mar 2024, 4:00 am
Defendant could not be trusted As for the likelihood of irreparable harm plaintiff would suffer if the injunction were not granted, the court considered plaintiff’s assertion that defendant “could not be trusted” based on his alleged conduct, and that plaintiff would suffer irreparable harm because of the continued presence of unsecured confidential information on defendant’s devices and accounts. [read post]
30 Sep 2009, 2:50 pm
In 2004, the Maryland legislature enacted a statute that prevents a plaintiff or plaintiff’s lawyer from mentioning to a jury in a medical malpractice case that a doctor apologized or expressed regret, if the purpose of the plaintiff in seeking to tell that to the jury is to prove liability or use it as an admission of the doctor’s liability. [read post]
20 Feb 2017, 3:04 am
The second issue that was properly identified and argued in plaintiff’s brief involved defense counsel’s closing argument. [read post]
4 Apr 2023, 6:25 am
In 2018, a few years after plaintiff was hired, staffers began to raise questions about plaintiff's performance and unannounced absences, as well as plaintiff's inflammatory text messages. [read post]
11 Jan 2018, 9:05 pm
How a plaintiff’s expert consultant, working with others associated with the litigation biz, helped touch off a cosmetics panic. [read post]
24 Apr 2015, 7:35 am
On September 16, 2014, the Court dismissed the Plaintiff’s substantive due process claim and dismissed the Plaintiff’s breach of contract claim, declining to exercise supplemental jurisdiction over it. [read post]
25 Feb 2011, 7:38 am
The magistrate judge recommended granting defendant's motion to transfer venue of plaintiff's qui tam false marking action. [read post]
9 Sep 2010, 8:33 am
Port Authority of New York and New Jersey, a majority in the First Department dismissed plaintiff's Labor Law 240(1) claim (Roman, Andrias and McGuire), while a different majority found that issues of fact existed with respect to plaintiff's Labor Law 200 claim (Roman, Moskowitz and Freedman). [read post]
4 Jan 2022, 1:34 pm
[The district court refuses to issue a stay pending the Supreme Court's consideration of the plaintiffs' cert. petition.] [read post]
2 Mar 2018, 12:25 pm
Feeding into a news story about how a football star was perhaps attempting to recruit a free agent basketball player for his hometown team, the plaintiff’s copyrighted photo went viral, moving from Snapchat to Reddit to Twitter, where it was uploaded and tweeted out by several users without plaintiff’s permission. [read post]
8 Sep 2021, 9:00 am
” The declaration went on to state that the absence of Plaintiff’s own expert’s coefficient of friction test, Plaintiff did not have evidence to oppose the second ground of Albertson’s motion. [read post]
18 Feb 2015, 7:11 am
Earlier this year in a California appellate court, a plaintiff’s case was allowed to continue over objections from several defendants after the plaintiff was involved in a serious tractor-trailer accident. [read post]
20 May 2008, 8:40 pm
Plaintiff's Expert: Harold Schoenhaus, DPM, Philadelphia, PA Defendant's Expert: Louis A. [read post]
29 Oct 2020, 11:49 am
The Court’s Decision on Appeal The Supreme Court of the State of New York, Appellate Division, Second Judicial Department affirmed the lower court’s decision to dismiss the plaintiffs’ case on summary judgment. [read post]
25 Jul 2012, 1:34 pm
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. [read post]
25 Jul 2012, 2:22 pm
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. [read post]
14 May 2009, 9:00 pm
Apr. 16, 2009) Plaintiffs, four minors (who at the time of their complaint attended high schools in McLean, VA, and Tucson, AZ), brought a copyright infringement suit against iParadigms, LLC, based on the company's use of essays and other papers written by plaintiffs for submission to their high school teachers through an online service operated by iParadigms called "Turnitin Plagiarism Detection Service. [read post]
3 Nov 2009, 12:53 am
The court granted plaintiff's motion for enhanced damages for sales of infringing products occurring between the jury's verdict of infringement and entry of a permanent injunction. [read post]
18 Feb 2011, 9:45 am
In other words, the plaintiff’s injury must fall within the ambit of the risk created by the defendant’s breach. [read post]
15 May 2023, 6:00 am
The Plaintiff commenced a proceeding pursuant to CPLR Article 75 in an effort to vacate an arbitration award sustaining the Respondent's terminating Plaintiff's employment. [read post]
