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17 May 2023, 3:49 am
The Court of Appeals further emphasized that CPLR 3211 (a) (7) limits a court “to an examination of the pleadings to determine whether they state a cause of action,” obliges the court to “accept facts alleged [in plaintiff’s complaint] as true and interpret them in the light most favorable to plaintiff,” and protects the plaintiff from “be[ing] penalized for failure to make an evidentiary showing in support of a complaint that… [read post]
17 May 2023, 3:30 am
Court of Appeals for the Fifth Circuit challenging the SEC’s new Share Repurchase Disclosure Modernization rules: The Chamber’s lawsuit challenges the SEC’s rule under the Administrative Procedure Act, as well as the U.S. [read post]
16 May 2023, 6:47 pm
The arbitrator found that plaintiff’s individual claim did not have merit, ruling for the defendant-employer on the retaliation claim. [read post]
16 May 2023, 3:35 pm
The Koons plaintiffs included the Second Amendment Foundation and the Firearms Policy Coalition, while the Siegel plaintiffs included the Association of New Jersey Rifle & Pistol Clubs. [read post]
16 May 2023, 1:51 pm
In 2018, a TTAB panel dismissed UTH’s motion to dismiss Curtin’s opposition for lack of standing. [read post]
16 May 2023, 1:51 pm
In 2018, a TTAB panel dismissed UTH’s motion to dismiss Curtin’s opposition for lack of standing. [read post]
16 May 2023, 1:26 pm
The plaintiffs alleged that, in reality, the bank’s compliance and oversight overhaul “could not even get off the ground. [read post]
16 May 2023, 12:57 pm
“…Franklin’s death is not traceable to a subordinate’s decision that may be approved as final by a city policymaker. [read post]
16 May 2023, 11:44 am
Counsel left the courtroom, and the judge noted that he and the plaintiff “have chosen to leave the courtroom without the court’s permission. [read post]
16 May 2023, 11:36 am
We had a bet at the end it was the Friday of the first week of trial and none of us had objected on the plaintiff's side not once in 5 days. [read post]
16 May 2023, 11:32 am
That’s pretty low standard. [read post]
16 May 2023, 10:27 am
Specifically, they argued the city violated Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act, which both protect employees from religious discrimination. [read post]
16 May 2023, 10:00 am
The legal term causation refers to the causal link between the defendant’s conduct and the plaintiff’s damages. [read post]
16 May 2023, 9:42 am
This claim was for a declaratory judgment that LoRusso’s alleged improper distributions triggered a buy-sell event under the LLC’s Operating Agreement. [read post]
16 May 2023, 9:14 am
Notably, the jury awarded $1.5 million in punitive damages stemming from the employer’s willful, wanton, and arbitrary failure to provide maintenance and cure. [read post]
16 May 2023, 9:14 am
Notably, the jury awarded $1.5 million in punitive damages stemming from the employer’s willful, wanton, and arbitrary failure to provide maintenance and cure. [read post]
16 May 2023, 9:04 am
On this point, the court held that State Farm’s policy provisions have to give way to Michigan’s statutory policy provisions: With One Exception, the Appraisal Provisions Cited by Plaintiffs are Contrary to MCL 500.2833(1)(m) and Void as Against Public Policy As set forth below, with one exception, the provisions in Policy Form HW-2122 cited by Plaintiffs make the appraisal process far more burdensome than the Michigan Legislature intended. [read post]
16 May 2023, 8:53 am
Ross, have to find that the plaintiff has stated a valid DCC claim? [read post]
16 May 2023, 8:21 am
For example, in the securities law context, a Second Circuit panel upheld the SEC’s Regulation Best Interest, but only after finding that a private plaintiff—not the state plaintiffs—had Article III standing (See, XY Planning Network, LLC v. [read post]
16 May 2023, 7:55 am
In the subsequent personal injury lawsuit, the plaintiff asserted claims against: The employee for negligent driving. [read post]
